Pubdate: Fri, 23 Mar 2007
Source: San Francisco Chronicle (CA)
Page: B - 4
Copyright: 2007 Hearst Communications Inc.
Contact:  http://www.sfgate.com/chronicle/
Details: http://www.mapinc.org/media/388
Author: Bob Egelko, Chronicle Staff Writer
Bookmark: http://www.mapinc.org/mmj.htm (Marijuana - Medicinal)

POT CARD CAN'T STOP SEARCHES, COURT SAYS

Conviction Upheld in Napa County Case

California's medical marijuana law doesn't protect card-carrying 
patients from being stopped and searched by police who detect the 
presence of the drug, a state appeals court ruled Thursday.

The 1996 initiative legalizing medical marijuana, Proposition 215, 
shields patients only from being convicted of growing or possessing 
cannabis for their health, and does not prevent officers from 
conducting their usual investigation when they have evidence of a 
crime, said the First District Court of Appeal in San Francisco.

The 3-0 ruling upheld a Sonoma County man's conviction for possessing 
about a pound and a half of marijuana that a Napa County sheriff's 
deputy found in an October 2005 car search.

The deputy said he approached a car in a Calistoga parking lot, 
smelled marijuana and spoke to Gabriel Strasburg, who admitted he had 
been smoking pot but said he had a medical marijuana card. The deputy 
refused to look at the document, which actually was a recommendation 
from Strasburg's doctor rather than the patient-identification card 
authorized by a recent state law, and instead searched the car.

The court noted that the amount of marijuana in the vehicle far 
exceeded the eight ounces that a patient can legally possess under 
post-Prop. 215 legislation. Strasburg pleaded no contest to a 
misdemeanor charge and was placed on probation.

In upholding the search, the appellate panel cited a 2002 California 
Supreme Court ruling that said medical marijuana patients were not 
immune from arrest but could use their status as grounds for 
dismissal of charges or as a defense at trial. That means they are 
also subject to searches, the appeals court said.

"The overall circumstances justified the deputy sheriff's search of 
the car to determine if more marijuana was present," Presiding 
Justice James Marchiano said. If a medical marijuana card were enough 
to stop a search, he said, "every qualified patient would be free to 
. deal marijuana from his car with complete freedom from any 
reasonable search."

Strasburg's lawyer, Jeffrey Glick, said he would probably appeal to 
the state Supreme Court. He said the ruling interpreted Prop. 215 too 
narrowly and provided little protection for patients who have a legal 
right to possess marijuana. 
- ---
MAP posted-by: Richard Lake