Pubdate: Thu, 26 Sep 2002 Source: New Times (CA) Copyright: 2002 New Times Contact: http://www.newtimesslo.com/ Details: http://www.mapinc.org/media/1277 Author: Daniel Blackburn Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal) PROTESTING FOR POT The Medical Marijuana Controversy Heats Up In SLO County Native American Donovan No Runner approaches his current occupation of the San Luis Obispo County courthouse steps with historic zeal. He spends his days beneath a sweltering sun in front of the courthouse where he soon will appear before a judge, making a determined statement about the benefits of medical marijuana. Accompanied by his wife, Jami, and their infant child, No Runner, a Blackfoot Indian from Montana, awaits his Oct. 1 court date and hopes that in the interim he can help clarify the confused legal status of hemp use by California's ill. They have staked out the front steps of the courthouse in what No Runner called a "peaceful occupation for patients' rights." A small tent perched nearby serves as their temporary home while No Runner tries to emphasize what he calls an inequity of enforcement by the law. The camping couple sees their share of cynicism. As they talked to a reporter, three well-dressed men leaving the courthouse snickered openly as they walked past the makeshift encampment. No Runner, 23, of Grover Beach , will answer a simple possession citation despite holding a prescription for the drug from Northern California. No Runner suffers from bipolar and post-traumatic disorders, he said. "I sometimes think there's more concern about the tent than about the pot smoking," he said. He smokes the drug openly, whenever he feels the need. He said that last week two local narcotics officers walked by as he fired up a joint and they "gave the thumbs-up sign" before walking on. By his weeks-long vigil, he said he hopes that one day soon, medical marijuana users will get a fair shake from the law. That probably won't be happening soon, at least in the county's biggest city, San Luis Obispo, where No Runner was recently cited for possession of an ounce of pot after an officer found the weed in No Runner's possession. The marijuana was confiscated. "I doubt if the police will be giving it back to me," No Runner said, noting the bag of pot was worth $400. "We generally handle these kinds of cases according to the state Health and Safety Code," said Capt. Bart Topham of the San Luis Obispo Police Department. "Anyone found in possession of less than an ounce would get a ticket, and it would be up to the prosecutors to determine if the person has a legitimate prescription." Topham said police officers "are not in a position to even verify if a person has a valid doctor's prescription." "There is no way, particularly at night, to make such a determination at the time of the incident," he said. "State laws give police officers some discretion in these matters, but we have to go by the guidelines in the penal code. It's up to the district attorney's office to decide if there will be a prosecution." Topham agreed the problem is controversial. "But people shouldn't look to us to be judge and jury in these kinds of situations. We enforce the law." Patrol supervisor Capt. Dan Blanke said the situation locally is "serious only because it's controversial. Everyone involved, even the people who use pot for medical purposes, are trying to figure out the best and most appropriate way to handle this." Blanke said possession of pot "is still against state law. But we generally don't act unless there is a complaint." SLO Police Chief Jim Gardiner said the policy his department follows is similar to other law enforcement agencies in the county. "We have worked this out with the district attorney, and the policy that is in place now is that officers in the field will simply follow the law. The legislation (Proposition 215) doesn't give officers many alternatives to make decisions on this matter. The legislation says that people who have prescriptions from a doctor can use this as a defense in court." Widely disparate court decisions, both on federal and state levels, have helped create a confusing situation for law enforcement, and as a result many police jurisdictions simply issue the citations and let the justice system sort things out. Adding to the jumble is a California Supreme Court decision July 18 that declared that the use or cultivation of marijuana for personal medical use is protected from state prosecution as long as the person has a doctor's approval. The unanimous decision was the result of the high court's first review of Proposition 215, which California voters approved by a 56-44 margin in 1996. Federal prosecutors have refused to recognize the California initiative, despite its endorsement by voters. The California Supreme Court decision widens the gap, separating state and federal applications of the law to medical pot users. At present, people can be prosecuted in federal courts, but the new California court ruling means that legitimate physicians' prescriptions for pot use cannot be held to answer in state court. California is one of the nine states with so-called "compassionate" medical marijuana laws. The state high court's ruling on Proposition 215 was the first commentary on the matter. Until now, federal law has dominated enforcement practice, with U.S. drug agents often swooping down on medical marijuana suppliers, growers, and users with arrest warrants right in front of local police officers. Drug Enforcement Agency agents on Sept. 5 shut down the Wo/Men's Alliance for Medical Marijuana (WAMM), a cooperative run by and for patients in Santa Cruz. The city council responded by inviting WAMM to distribute medical marijuana to patients in the city hall courtyard on Sept. 17. No Runner said he believes the only real answer to the conflict "is in the hands of the people." "It's really up to individual patients and their supporters to set forth community standards, to help establish guidelines as to what can be done and what can't be done," he said. One of those supporters, San Luis Obispo resident Craig Steffens, sat nearby, shielded from the hot sun by a hat made of hemp. "I've been talking to city council people and members of the board of supervisors about passing a resolution to set more uniform standards for compliance with state law," he said. He was uncertain about his plan's future, he admitted. "Sometimes it's hard to get anyone to talk about it," he added. His proposed resolution seeks to "prevent costly and unnecessary law enforcement, judicial and correctional prosecution, and to prevent inconveniencing or placing patients and caregivers in peril." He hopes that a "standard operating procedure for compliance" will be established for those who have physicians' approval or recommendations for medical use of the substance. Meanwhile, No Runner and his family will maintain their 24-hour-a-day vigil, with the hope, he said, that someday soon such actions will be unnecessary. San Luis Obispo attorney Lou Koory will represent No Runner when his court date arrives. "Law enforcement now has some direction from the court," said Koory. "A defendant just has to raise a reasonable doubt in court. There's nothing more American than what Donovan No Runner is doing." - --- MAP posted-by: Jo-D