Pubdate: Thu, 23 Sep 2004
Source: Grunion Gazette (Long Beach, CA)
Copyright: 2004 Grunion Gazette
Contact:  http://www.gazettes.com/
Details: http://www.mapinc.org/media/3434
Author: Steve Irsay, Staff Writer
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)
Bookmark: http://www.mapinc.org/find?115 (Cannabis - California)

POLICE OFFICIALLY ALTER MEDICAL MARIJUANA POLICY

The Long Beach Police Department has revised it policy on medical marijuana 
to include more oversight of field officers who encounter purported 
patients or caregivers possessing the drug.

Previously, the department had a zero tolerance policy under which a 
self-professed medical user would be subject to citation or arrest as in 
any other narcotics case.

Medical marijuana advocates complained that this approach clashed with a 
state law legalizing medical marijuana and in June the City Council 
required the police department to revise its policy.

The revisions, which officially take effect today (Thursday), have been 
implemented since July, said Chief of Police Anthony Batts.

"The policy has been working very well," he told the council Tuesday, 
adding that a recent case tested the guidelines and that "officers took the 
appropriate action."

The old policy essentially left the decision to cite or arrest a suspect up 
to the responding officer. Some advocates for reform argued that this left 
medical decisions in the unqualified hands of a police officer.

Under the revised policy, once a person claims to be in possession of 
marijuana for medicinal purposes, the officer must detain the suspect and 
request the presence of a field supervisor.

The officer and supervisor are to contact the suspect's doctor to verify 
any documentation. If police deem the claim to be credible, then the 
marijuana will not be seized and the person will neither be cited nor 
arrested. Police will file an incident report detailing some of the 
suspect's medical information.

If the officers do not believe the medical claim is valid, they are to 
request that a watch commander respond to the scene to resolve the 
situation. Only the watch commander can authorize an arrest.

Second District Councilman Dan Baker, who helped initially bring the issue 
to the council in June, thanked the police department for their response.

"I think it's a very reasonable policy for the city and I am happy we had 
the opportunity to bring this forward," he said.

Several medical marijuana advocates also thanked the police and the council 
for taking action on an issue that they said was ignored for too long.

"Please remember that one of these patients could be your mother, your 
bother, your daughter, or even yourselves," said Diana Lejins.

California voters legalized medical marijuana in 1996 when they passed 
Proposition 215, also known as the "Compassionate Use Act of 1996."

The ballot initiative was short on rules for enforcement and this year a 
new bill, SB 420, addressed permissible amounts of medical marijuana and 
the issue of proper documentation. Currently, the only acceptable form is a 
doctor's note.

The law called for the state Department of Health Services to coordinate a 
voluntary identification card program through county and city health 
departments.

State budget issues have held up the implementation of the program but it 
should be rolled out next April, according to Ron Arias, the city director 
of Health and Human Services. 
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MAP posted-by: Richard Lake