Pubdate: Fri, 23 Jan 2004
Source: Mountain Democrat (Placerville, CA)
Copyright: 2004, Mountain Democrat
Contact:  http://www.mtdemocrat.com/
Details: http://www.mapinc.org/media/2246
Author: Marian Schwenn, Staff writer
Bookmark: http://www.mapinc.org/mjcn.htm (Cannabis - Canada)
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)

MEDICAL MARIJUANA CO-OP FARM PROPOSED

It May Take More Than A Green Thumb To Make A Medical Marijuana Garden
Grow In El Dorado County.

A marijuana cultivation cooperative project proposed by a group of
patients led by Dr. Philip A. Denney may have a higher price tag than
taxpayers realize.

"It is our intention to provide safe access to affordable, high
quality medicinal cannabis," a letter from Denney to El Dorado County
Board of Supervisors states.

Providing a secure and safe outdoor community marijuana grove,
however, will cost money.

With the current budget concerns at the local law enforcement level,
some are beginning to wonder where that money will come from.

Denney says he plans to begin planting the crop in May at an outdoor
location with strict security - but who is obligated to provide that
security?

"One of my chief concerns becomes the safety of all personnel
involved," said El Dorado County Sheriff Jeff Neves.

"There is obviously a monetary value to marijuana and my safety
concern ... is those folks that use it for medicinal purposes will
create, essentially, robbery-type circumstances," the sheriff said of
the proposed project.

"I certainly embrace the voter mandate of Proposition 215 and the
medical use of marijuana," Neves added.

California's Proposition 215 states that its purpose is to ensure
patients have a right to obtain and use marijuana for medical
purposes. A "distribution" program is required to be implemented by
the county Health Department and is mandated by the state, according
to Dave Bishop, former president of the local Cannabis Club.

Another concern regarding the marijuana cultivation cooperative effort
lies in the exploration of uncharted territories under the law. That,
too, can be costly.

There are complexities to the cultivation issue that officials are not
fully aware of with regard to the passage of SB 240, according to the
Sheriff's Department. SB 240, which went into effect on Jan. 1, allows
marijuana cultivation under Proposition 215.

"The complexities of the 'community' kinds of groves lie where there
are conflicts between federal law and state law," said Neves.

A recent medical marijuana incident in Sacramento is a perfect example
of the complex issues that may arise.

A California couple was arraigned last week in federal court on
charges of cultivating medical marijuana. Both hold doctors'
recommendations, as outlined by Proposition 215. However, they were
charged with possession and cultivation.

State charges against them were dropped at the very moment federal
charges were being filed. The couple was arrested by federal agents as
they stood in a Corning courtroom.

Exact costs regarding security measures and the implementation of SB
240 in El Dorado County have yet to be established.

Meanwhile, District Attorney Gary Lacy said he and the sheriff would
assess the proposed plan in light of state laws dealing with medicinal
marijuana to ascertain whether or not it complies with law.

"We (Lacy and Sheriff Neves) want to hear what their proposal or what
their plan is first," said Lacy. "It's difficult to address things in
abstract."

Currently, there is no meeting planned between county officials and
law enforcement officials with Denney, but not for lack of interest,
according to Neves.

"We are focusing right now on budget issues and budget challenges," he
explained. "We will coordinate with the district attorney to schedule
a meeting with Dr. Denney."

Budget issues and monetary costs associated with Denney's proposal
will likely be an important part of that dialogue.
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MAP posted-by: Larry Seguin