Pubdate: Sun, 28 Jan 2007
Source: Santa Cruz Sentinel (CA)
Copyright: 2007 Santa Cruz Sentinel
Contact: http://www.santacruzsentinel.com/news/edit/form.htm
Website: http://www.santacruzsentinel.com/
Details: http://www.mapinc.org/media/394
Author: Shanna McCord, Sentinel staff writer
Bookmark: http://www.mapinc.org/mmj.htm (Marijuana - Medicinal)

SOME SANTA CRUZ POT USERS, SELLERS FIND LOOPHOLES IN STATE'S MEDICAL 
MARIJUANA LAWS

SANTA CRUZ -- Half the calls to criminal defense attorney Ben Rice 
are people busted for growing, selling or using marijuana.

Rice has developed a reputation for protecting the rights of those 
who buy and sell the drug under the 10-year-old state law that makes 
marijuana legal for sick people.

While most of those seeking Rice's services are legitimate medical 
marijuana patients or caregivers, he estimates 30 percent are not. 
These people aren't sick, he says, and are simply trying to hide 
behind the Compassionate Use Act for recreational or profit-making reasons.

"Absolutely, no question about it, some people do take advantage of 
the law," Rice said during an interview at his Soquel Avenue office. 
"There are some people who have no medical defense, and I tell them, 'No.' "

Authorities say they regularly see perfectly healthy people, some 
found with several pounds of marijuana, claim the drug is for a sick 
friend or relative.

The problem, authorities say, is proving otherwise.

Shades of Gray

Proposition 215, passed by voters in 1996 and known as the 
Compassionate Use Act, set the stage for sick Californians to legally 
use marijuana.

Senate Bill 420 came along in 2003, attempting to set definitive 
rules and guidelines about who can sell the drug.

But the laws neither clarify who qualifies as a medical marijuana 
patient nor what exactly the terms are for selling the drug to 
patients -- two gray areas that have opened the law to the most 
abuse, authorities say.

For example, one part of SB 420 says medical marijuana caregivers 
should be allowed "reasonable compensation," while another section 
says medical marijuana sales should be done as nonprofit.

Another example: The Senate bill created a voluntary identification 
card system that protects patients and caregivers from being harassed 
or arrested when they show the card to police. But the voluntary 
element allows many people to claim a medical alibi even when they 
don't have an identification card or doctor's recommendation. 
Attorneys like Rice say that's OK.

Ambiguities in the laws force police to let many people off scot-free 
because it's often difficult to prove guilt beyond a reasonable doubt 
in a court of law, said sheriff's Sgt. Steve Carney, the head of the 
county's Marijuana Enforcement Team.

Out of 10 people stopped on suspicion of marijuana crimes in the 
county, only two cases are sent to the District Attorney's Office on 
average, Carney said.

A lot of cases are dropped because the district attorney feels the 
case won't win in court, he said, especially in this area where many 
residents are sympathetic to the cause.

"The percentage we deal with that I believe are truly legitimate is 1 
percent," Carney said.

In addition to the gray areas, there are parts of the law that can be 
confusing for law enforcement officers.

There are no state regulations for cultivation or distribution of 
medical marijuana, and California leaves guidelines up to local jurisdictions.

They can vary widely from county to county.

Under Santa Cruz County law, a patient or caregiver is allowed three 
pounds of the drug each year. Half a pound of pot equals roughly 300 
joints, experts say.

In It for the Money

Prosecutors say cases like that of Edwin Hoey, which is now going 
through the local legal system, are an example of someone hiding 
behind the medical marijuana law for profit.

Hoey, a Santa Cruz man, was arrested in December when deputies found 
100 pounds of marijuana at his residence during an investigation. His 
attorney, Rice, claimed Hoey was providing pot for local medical 
marijuana dispensaries.

However, more than $500,000 in cash and a French wine collection 
valued at $150,000 found in Hoey's possession lead prosecutors to 
believe he was selling marijuana to make a big profit. They say he 
sold pot to non-medicinal customers on the East Coast.

Hoey has been charged with three counts of selling marijuana.

"He was taking advantage of the medical marijuana law," prosecutor 
Pamela Kato said. "This really is a case of greed. It's a travesty of the law"

Rice denies Kato's assertion, saying "the vast majority" of Hoey's 
marijuana was intended for people with a medical need.

Legal Limbo

But using and selling marijuana, medical or not, is still a federal crime.

California's law flies in the face of federal law, which considers 
marijuana an illegal and dangerous drug.

Federal agents have refused to recognize California's medical 
marijuana law as legal. In some cases the feds have raided California 
pot gardens and dispensaries.

Earlier this month, federal agents raided nearly a dozen medical 
marijuana clinics in the Los Angeles area, seizing several thousand 
pounds of marijuana, weapons and cash.

Two medical marijuana stores exist in Santa Cruz, both located in the 
Harvey West business area, for patients to buy the drug.

Ken Sampson, owner of Santa Cruz Patients Collective on Limekiln 
Street, says he tries to prevent people from breaking the law.

Sampson said he's turned away dozens of people who didn't have a 
doctor's recommendation or proper documentation during the seven 
months his dispensary has been in business.

"I've kicked many people out," said Sampson, himself a medical 
marijuana patient. "It has to be a verified recommendation. We don't 
let them past the waiting room"

The state Attorney General's Office agrees abuse of the medical 
marijuana system is widespread because the unclear laws leave plenty 
of room for cheating.

"The medical marijuana law left a lot to be desired in terms of 
clarity," said Nathan Barankin, spokesman for the state Attorney 
General's Office. "There's more work to be done"

Many in the legal community hope the ambiguities of the law will be 
sorted out in the courts.

Several cases regarding medical marijuana are currently pending in 
the courts to help determine parameters for users and caregivers.

Kato, the county prosecutor, said clearer rules would make her job 
easier and put more people behind bars.

No other state medical marijuana-related bills are in the works at 
this time, however the deadline to propose legislation for this year 
is Feb. 23. 
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MAP posted-by: Richard Lake