Pubdate: Fri, 03 Jun 2005
Source: Sierra Sun (Truckee, CA)
Copyright: 2005 Sierra Sun
Contact:  http://www.sierrasun.com/
Details: http://www.mapinc.org/media/2294
Author: David Bunker, Sierra Sun
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)

LEGALITY OF POT SHOPS STILL HAZY

Despite the more than 110 medical marijuana dispensaries that have popped 
up in Northern California since the state's approval of the 1996 
Compassionate Use Act, the legitimacy of pot shops in the state remains 
very much in doubt.

The future of medical marijuana distribution hinges on a United States 
Supreme Court decision that is expected as soon as this summer, experts 
say, and until then marijuana dispensaries operate in a nebulous region 
between a vague authorization by state statutes and an federal law that 
refutes marijuana as a plant with medicinal purposes.

And when Truckee enacted a temporary moratorium blocking medical marijuana 
dispensaries in town last month, the decision was made with these 
uncertainties in mind.

"I am not convinced they are legal," said Nevada County District Attorney 
Michael Ferguson of marijuana shops.

The State's Stance

Medical marijuana was first legalized by California proposition 215 in 
1996. But the law was broad enough to leave the specifics of legal amounts, 
distribution and enforcement cloudy.

In 2003, the state senate attempted to clarify the medical marijuana law by 
enacting Senate Bill 420. Despite setting personal marijuana possession 
limits, outlining a medical marijuana identification card system, and 
reaffirming the legality of marijuana for medicinal use, the bill also 
spurred a new round of questions and interpretations.

One of the largest unanswered questions is how registered medical marijuana 
users can obtain the drug.

"We have to differentiate between a medical marijuana dispensary and a 
medical marijuana collective," Ferguson said.

A collective -- which grows, divides and distributes marijuana among a 
group of patients without charging money -- is allowed under state law, 
Ferguson said. But as soon as an establishment starts accepting money for 
cannabis, it is not supported by current medical marijuana statute, he said.

"They start charging money," Ferguson said, "and they are selling marijuana."

Placer County Deputy District Attorney David Tellman agreed that 
dispensaries that sell pot are on shaky ground.

"I think there is an open question if the dispensaries are authorized by SB 
420," Tellman said.

With the definitions of "collectives" and "primary caregiver" up for 
interpretation, the application of the Senate bill is still "as clear as 
mud," Tellman said.

In the end, Placer County looks at whether they can convince a jury that 
the person violated law beyond a reasonable doubt before taking a marijuana 
case, said Tellman.

Two Dispensaries, Two Outcomes

Just down Interstate 80 from Truckee, two medical marijuana dispensaries 
opened up in 2004. In their short existence the two shops have had wildly 
different experiences.

Roseville's Capitol Compassionate Care opened as a small marijuana 
distribution center in late January. But towards the end of 2004 the center 
had grown to employ 14 people and reportedly cultivated nearly 2,000 
marijuana plants.

In early September federal officials raided the dispensary, confiscating 
marijuana and other property. Although no drug charges were filed by the 
federal agents and the shop reopened the next day, the dispensary 
voluntarily shut down in less than a month.

Meanwhile, the Golden State Patient Care Collective opened in Colfax after 
co-owners Jim Henry and Cheryle Riendeau were discouraged from opening a 
dispensary in neighboring Nevada County.

A year after their doors opened, the Colfax store is still seeing 50 to 100 
patients come into the shop each day, said Anita Lincoln, a Golden State 
Patient Care Collective employee. And unlike the Roseville location, the 
federal government has largely left them alone.

The shop, which is located in an office complex off of Highway 174, has two 
security guards, security cameras and alarm systems, Lincoln said.

"We have security but we've never had to use them," she said.

In a town that does not even have a regular pharmacy, most of the 
dispensary's patients are between 50 and 70 years old and are visibly ill, 
often limping or on crutches, said Lincoln.

Federal vs. State Law

Federal law and California law butt heads on the medical marijuana issue, 
and it remains unclear which statute takes precedent. A Supreme Court case, 
Raich v. Ashcroft, is expected to resolve this conflict.

The crux of the Supreme Court case is whether medical marijuana cultivation 
and distribution is considered "interstate commerce," which falls under 
federal jurisdiction.

The federal government argued that even if marijuana is cultivated and 
given away for free it still constitutes interstate commerce. The 
plaintiffs said that marijuana that is cultivated and consumed in a single 
state, and is not bought or sold, is subject only to state law.

The Supreme Court finished hearing arguments on the case last year and is 
currently formulating a decision.

When that decision is handed down it will eliminate much of the murkiness 
surrounding the enforcement of medical marijuana uses, said Sgt. Ron 
Ashford of the Placer County Sheriff's Department.

"In the legislation there is a lot of room to move there -- a lot of 
leeway," Ashford said.

Meanwhile, patients and operators of the marijuana dispensaries wait for 
the court decision that is expected to either endorse or criminalize the 
distribution of medical marijuana.

"We have a ton of patients that are terrified," said Lincoln, from her job 
at the Colfax marijuana dispensary. "If we get taken away they will not 
know what to do."

[sidebar]

TOWN OF TRUCKEE'S DIRECTION

The Truckee Town Council adopted a 45-day prohibition on medical marijuana 
dispensaries in town at their May 19 meeting. Within 45 days the council 
will once again take up the medical marijuana discussion as they review 
proposed zoning regulations for marijuana shops. These regulations, which 
will become an amendment to the town's development code, have to be 
approved by the town's planning commission and town council before becoming 
effective. 
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MAP posted-by: Richard Lake