Pubdate: Thu, 20 Jul 2000 Source: Times-Standard (CA) Website: http://www.times-standard.com/front/frontpage.html Address: 930 Sixth St. Eureka, CA 95501 Email: 2000 The Times-Standard Fax: 707-441-0501 Author: Carla Martinez & Jacob Lehman OFFICIALS ISSUE MEDICAL MARIJUANA STATEMENTS On Wednesday, the Humboldt County District Attorney's Office and Sheriff's Department publicized written guidelines regarding the medical use of marijuana. When California voters approved Proposition 215, the medicinal use of marijuana became legal in the state. However, 215 left it up to law enforcement agencies and prosecutors to decide how and if to make allowances for medical marijuana use. Under federal law, marijuana cultivation and use are illegal. A qualified medical marijuana patient, the district attorney's statement said, may possess or cultivate a combination of 10 marijuana plants or two pounds of processed marijuana without being prosecuted. "Each jurisdiction has the right to their own enforcement guidelines," District Attorney Terry Farmer said. "It's important to us to comply with the spirit of the law." Wednesday's statements will not cause any change in the way deputies act in the field, Sheriff Dennis Lewis said, but will formalize and publicize what has been the unofficial policy in Humboldt County for years. Farmer drafted the original policy as a memo for law enforcement agencies about what medical marijuana cases his office would and would not prosecute. Law officers can seize plants they believe to be in excess of a person's needs without pursuing a criminal drug conviction. Lewis said that deputies must make a judgment call when they encounter a medical marijuana garden, based on the person's illness and on how much the deputy thinks the plants will yield. Lewis expressed hope that the state Legislature will soon pass laws clarifying the vague wording of Prop. 215, lifting responsibility from his deputies. "I have some very fine officers, but I don't think any of them are licensed to practice medicine," he said. Lewis said that he did not think that a medical marijuana ordinance drafted for the Board of Supervisors, by a board-appointed committee, would help the issue. "The county does not have any authority to set policy for the Sheriff's Department," he said. Lewis was one of the original members of the ordinance-drafting committee, but stopped attending meetings after differences of opinion. County Counsel Tamara Falor said that her office is researching the ordinance's legality. She declined to comment on the ordinance's future until the research into the thorny and contradictory world of medical marijuana law was finished. In its present wording, the ordinance is a more comprehensive and defined standard than the guidelines made public on Wednesday, Supervisor John Woolley said. The ordinance will be discussed by the board next Tuesday morning. The formal statements made a distinction between medical and recreational use of marijuana. "We have more important things to do than prosecute cancer patients for smoking dope," Farmer said. Also, the District Attorney's Office takes into consideration a person's use of medical marijuana when a local, primary-care physician makes the recommendation. - --- MAP posted-by: Don Beck