Pubdate: Fri, 20 Apr 2001 Source: Press Democrat, The (CA) Copyright: 2001 The Press Democrat Contact: http://www.pressdemo.com/ Details: http://www.mapinc.org/media/348 Author: Clark Mason And Lori A. Carter Bookmark: http://www.mapinc.org/find?115 (Cannabis - California) Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal) D.A. TO SEEK MEDICAL POT RULES After Defeats In Two Trials, Mullins To Work With Sheriff, Police Chiefs On Guidelines Sonoma County District Attorney Mike Mullins, who has come under fire for pursuing medical marijuana cases, said Thursday he will try to establish guidelines that could result in fewer prosecutions. After two high-profile trials that ended with acquittals, Mullins remained unapologetic. But he said he wants to spell out how much marijuana medical users can have, which could lead to fewer court cases. "Hopefully, that would be the result," he said. "But I can't say everyone will agree with the standards we adopt." Mullins said law enforcement cannot ignore marijuana-growing nor let people do what they want simply by claiming medical use. Drug agents share the district attorney's oft-stated complaint that Proposition 215, the 1996 initiative that allows marijuana use with a doctor's approval, didn't explain how the system should work. "If somebody would make a clear law, we'd be happy to follow it and enforce it," Sheriff's Sgt. Steve Satterwhite said. "We're doing the best with what we have, but that's the problem." Mullins said he is unaware of how many pending criminal cases there are involving defendants asserting some form of medical marijuana defense. But Ernest "Doc" Knapp, a spokesman for the Sonoma Alliance for Medical Marijuana, said he is aware of five, including a Geyserville man who was arrested Thursday. Knapp acknowledged there can be complicating factors in the cases, such as a person not having the proper approval from a physician, the presence of weapons or previous felony convictions. He said Sonoma County authorities have gotten better, "but there's still selective prosecution of cases, and I don't understand why. They shouldn't go after these people for technicalities if they are sick and dying." Enforcement of Proposition 215 varies widely throughout the state. Some communities issue identification cards to certified users, and some allow clubs where marijuana is sold over the counter. Sonoma County has taken a harder line, and some advocates have threatened to try to unseat Mullins. But he ran unopposed in 1998, and an opponent has yet to surface for 2002 with the primary less than a year away. Wednesday's acquittal of Kenneth Hayes and Michael S. Foley was the second courtroom setback this year for Mullins, following the acquittal of a man who claimed his 110-plant pot garden was for personal medical use. Hayes and Foley had nearly 900 plants at a rented ranch in Petaluma. They said they provided marijuana to 1,280 members of a San Francisco buyers club, which had the backing of city officials and San Francisco's district attorney. When Sonoma County Judge Frank Passalacqua heard that San Francisco District Attorney Terence Hallinan would testify for the latest defendants, he warned prosecutors they would not get a conviction. He said the worst that could happen to the defendants was a hung jury. The jury acquitted Hayes and Foley after less than five hours of deliberations following the seven-week trial. The recent verdicts are likely to affect how drug officers do their jobs, but they say it won't stop them from arresting marijuana growers or users who can't prove medical necessity. "We want to use our resources most effectively," said Michael Heald, a federal Drug Enforcement Administration agent who heads the county drug task force. "But to a large degree, it's out of our hands in Sonoma County," he said. "We have to refer back to Sacramento. ... Every county is going to have trials and different issues. The laws should be equal across the board. Each county doesn't make up its own rules." Mullins has repeatedly called on Sacramento for guidance on the issue and says some cases have gone to trial to test the boundaries of the law because there wasn't another avenue. "When a statute is vague and ambiguous, it's important the Legislature take a look at it to make it as uniform as possible, so we don't have to decide it in front of juries," he said. But following the acquittal of Hayes and Foley, Mullins said he wants to work out guidelines with local police chiefs and the sheriff. The county already has a policy for identifying medical users. It was developed in conjunction with the Sonoma Alliance for Medical Marijuana and has been revised at least three times after suggestions from the advocacy group. Mullins declined to say whether he will continue to prosecute cases or to speculate whether juries will be willing to convict defendants who assert a questionable medical claim. He said each case has its own set of facts and needs to be evaluated separately. - --- MAP posted-by: Doc-Hawk