Pubdate: Tue, 21 Sep 2004
Source: Merced Sun-Star (CA)
Copyright: 2004 Merced Sun-Star
Contact:  http://www.mercedsun-star.com/
Details: http://www.mapinc.org/media/2546
Author: David Chircop
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)

MEDICAL POT BACKERS ISSUE CALL FOR ACTION

Threatening lawsuits for what they called a violation of state law,
medical marijuana advocates blasted local law enforcement agencies and
pleaded with the Merced City Council on Monday to establish a medical
marijuana ordinance.

More than 20 medical marijuana advocates and patients came to the City
Council meeting to express their concerns that state medical marijuana
statutes aren't being followed locally.

"Patients who do not want to break the law need to know what the
guidelines are so they can follow them," said Nick Osborne, a Dos
Palos resident and medical marijuana patient.

Osborne said many in his predicament seek clarity from the city and
Merced County and are afraid they could wind up behind bars, even
though they can legally use marijuana under state law.

In 1996, 56 percent of voters in California voted for Proposition 215,
which legalized the use of marijuana as a prescribed medicine.

But confusion over the matter and an uneven application of the law
helped spur SB 420, which was signed into law last year. That bill
requires uniform standards for implementing the medical marijuana law.

Presenting the council with a binder of documents on the state law,
Auberry attorney William McPike told the council that they should
create a policy that protects medical marijuana users.

He said the city already faces two possible lawsuits related to its
lack of policies and could face more if the council doesn't take action.

The lawyer said one of his clients from Madera was pulled over by
Merced police on a minor traffic violation earlier this year, but was
detained when officers found marijuana in his car.

McPike said even though his client has a court order to possess and a
doctor's recommendation to use marijuana, the man spent seven days in
jail.

Incidents like that, he said, opens the city to "a lot of litigation."

Merced Police Chief Tony Dossetti contends the officers did nothing
wrong and will continue to enforce laws against marijuana possession.

"The onus is on the user to prove they are a medical marijuana
patient," he said.

He also said the county health department is responsible for putting
together photo identifications for medical marijuana users to carry.

County officials have said such cards are in the works.

The cards would give officers a quick way to verify the authenticity
of a doctor's recommendation in the field.

City Attorney Greg Diaz had previously told the council that they
would be prudent to wait on making a declaration detailing a medical
marijuana policy.

A pending challenge of the state law in the U.S. Supreme Court could
change the issue, he said. 
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MAP posted-by: Richard Lake