Pubdate: Thu, 01 Feb 2001 Source: Press Democrat, The (CA) Copyright: 2001 The Press Democrat Contact: Letters Editor, P. O. Box 569, Santa Rosa CA 95402 Fax: (707) 521-5305 Feedback: http://www.pressdemocrat.com/opinion/letform.html Website: http://www.pressdemo.com/ Forum: http://www.pressdemo.com/opinion/talk/ Author: Michael Coit, Staff Writer Cited: http://www.drugsense.org/amma/ MARIJUANA ACTIVISTS SEEK POT GUIDELINES Some Medical Pot Supporters Urge Sonoma County'S Prosecutor To Either Set Standards Or Face A Recall Medical marijuana advocates seeking to recall the district attorney in Marin County said they will target Sonoma County's top prosecutor if he also keeps pursuing those cases. Following this week's acquittal of a Santa Rosa man accused of growing more marijuana than he needed for medical purposes, the American Medical Marijuana Association urged District Attorney Mike Mullins to either adopt guidelines that protect users or leave them alone. Mullins said his office will work on possible guidelines following Alan MacFarlane's acquittal. But Mullins said he was not reacting to the group's letter and instead needed a medical marijuana case to reach a jury trial to help define local guidelines under California's law. The Sonoma Alliance for Medical Marijuana is not part of the recall threat, and its leaders hope to work with him on guidelines. The American Medical Marijuana Association is led by Steve Kubby of Squaw Valley, who helped get Proposition 215 on the statewide ballot in 1996. Kubby said the group, based in Dana Point, is taking on several county prosecutors to defend the voter-approved right to grow and use marijuana for medical uses. Marin County District Attorney Paula Kamena faces a May 22 recall election. "They force patients to defend the law by taking them to trial," Kubby said. "We are sick people who are trying to stay alive who have been granted these rights under this law and want to be left alone." Mullins said he understands such emotions but will not respond to recall threats. "We've done this case, and we're going to review what we're doing," he said. "I've got to do that rather than looking over my shoulder." Advocates assert the state law doesn't set limits because doctors and patients should decide how much marijuana is needed medically. But Kubby said Mullins could set limits that medical marijuana users will support. He said the city of Oakland's guidelines work because users are allowed 7 pounds a year, the same amount patients receive from a now-defunct federal research program. "It works for police, and it protects patients," he said. Kubby, who suffers adrenal cancer, was charged with cultivating marijuana for sale in Placer County. The case ended in a mistrial with the jury deadlocked 11-1 in favor of acquittal. Sonoma County law enforcement officials have resisted setting a local standard. "The problem for us is to truly distinguish between patients and those who would profit from the opportunity presented by a statute that is vague, ambiguous and lacks clarity," Mullins said. "In the meantime, you have to do it case by case. It's a very painful process," he said. "Using the courts harasses medical marijuana users," Kubby said. "If they think someone is selling marijuana, do real police work to establish that crimes are taking place. What gives them the right to invade homes and say this is too much?" Kubby said. Mullins said that was "a simplistic notion" because cases can be brought based on large quantities. Quantity was at issue in the MacFarlane trial because Sonoma County, like most counties, has no guidelines. MacFarlane said he used about 21/2 ounces a week by smoking and eating it to deal with chronic pain related to the removal of his cancerous thyroid 25 years ago. While his defense said plants seized from MacFarlane's home could produce 3 to 4 pounds, prosecution experts said yields could range from 13 to 60 pounds. In acquitting MacFarlane, jurors said they believed the actual figure was somewhere in between. "It makes law enforcement know they can't get away with these wild estimates. It also helps us when we go back to the negotiating table," said Ernest "Doc" Knapp, spokesman for the Sonoma alliance. "We will negotiate and come up with a deal. We can't call the shots." The alliance has worked with Mullins and law enforcement officials since the passage of Proposition 215 to prevent arrests of medical marijuana users. The alliance doesn't recommend usage amounts, but it does have a list of "Do's & Don'ts" that Mullins has endorsed. They include getting a doctor's written approval, including usage in the paperwork, and seeking a peer approval letter from the Sonoma County Medical Association. Knapp said the alliance was not involved in the recall threat. "We're all trying to do the same thing, but our tactics are different. SAMM believes they're (law enforcement) part of the solution ... nothing is going to happen unless they're on board," he said. - --- MAP posted-by: Derek