Pubdate: Tue, 17 Jan 2006
Source: Orange County Register, The (CA)
Copyright: 2006 The Orange County Register
Contact:  http://www.ocregister.com/
Details: http://www.mapinc.org/media/321
Bookmark: http://www.mapinc.org/find?115 (Cannabis - California)
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)

DISPENSARY DESERVES A TIMELY DECISION

Does Tustin Raid Constitute Harassment Of Medical Marijuana Patients?

In the case of Legal Ease, a medical marijuana dispensary raided last 
week by Tustin police, either charges should be filed quickly or the 
property of the proprietors should be returned immediately.

Police raided Legal Ease with a search warrant based on the fact that 
undercover police officers had been able to purchase marijuana using 
phony doctors' notes. As we have seen in two other recent California 
cases, weeks can pass after a raid and no charges filed, leaving the 
dispensary and patients in limbo. The Tustin police and Orange County 
District Attorney's office should act expeditiously.

Tustin Lt. Jim Peery told us, "This was nothing more than drug 
dealers using a storefront as opposed to selling out of the back of 
the van." The police say several undercover police officers went into 
the dispensary and successfully bought marijuana each time, even 
though their doctor's notes were fictitious. Lt. Peery told us he 
wasn't sure what phony "doctor's office" number was available to call 
on the undercover officers' notes, but he assumed it was somebody at 
the police department.

The police said that they saw apparently healthy people obtaining 
marijuana at Legal Ease. We wonder where these investigators got 
their medical training, and how they are able to diagnose people 
simply by looking at them.

Philip Denney, a Lake Forest physician who writes recommendations for 
the medical use of marijuana, as authorized by state law, told us 
that while he can't speak for how Legal Ease handled patients from 
other doctors, their staff members did call regularly to verify his 
referrals. However, "even an imperfect dispensary," he said, "is 
better than patients buying from a dealer with a bag of cocaine in 
his other pocket." He fears that actions such as the raid on Legal 
Ease will force many patients to rely on the black market, when 
California voters and the state Legislature have voted to create a 
legal market for patients who use marijuana under medical supervision.

That's why it's important to watch carefully whether charges are 
filed in the Legal Ease case.

Proposition 215, which California voters approved in 1996, did not 
eliminate state laws against using or selling marijuana for 
nonmedical purposes.

Thus, if Legal Ease was simply selling to people who did not have 
valid physician recommendations it may be justifiably subject to 
legal penalties.

If no charges are filed, however, the case then looks not just like 
simple harassment but perhaps even an effort to nullify the medical 
marijuana law California voters approved. Notably, no charges yet 
have been filed after a Dec. 20 raid in San Francisco and a Dec. 12 
raid in San Diego.

Lt. Peery told us the department was still writing up the case and 
would present it to the Orange County District Attorney's Office with 
recommended charges to file within two weeks. The DA's office told us 
they would act on it expeditiously but carefully as soon as they get it.

This situation was almost inevitable. Neither Orange County 
government nor any city in Orange County has developed guidelines for 
medical marijuana dispensaries or co-ops in the nine years since the 
Compassionate Use Act was passed. Neither those who might want to 
operate such a facility nor the police have a clear idea what would 
constitute a legitimate dispensary.

County supervisors should direct the county health agency to get busy 
setting up a voluntary identification card system for medical 
marijuana patients, as directed by state law, and convene a panel, as 
the city of San Diego did years ago, to explore the medical and legal 
issues and develop guidelines.

Patients, doctors and the police deserve to have a better idea than 
they do now about what the law permits and doesn't permit.
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MAP posted-by: Beth Wehrman