Pubdate: Sun, 15 Feb 2009 Source: San Bernardino Sun (CA) Copyright: 2009 Los Angeles Newspaper Group Contact: http://www.sbsun.com/ Details: http://www.mapinc.org/media/1417 Author: Sheriff Rod Hoops Note: Rod Hoops is San Bernardino County sheriff-coroner. Bookmark: http://www.mapinc.org/find?115 (Cannabis - California) Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal) MEDICAL MARIJUANA LAW IS IMPERFECT I read with interest the guest commentary written by F. Aaron Smith regarding the San Bernardino County Sheriff's Department's policies on medical marijuana. (Re: "Medical pot policy needs change," Feb. 2.) As incoming sheriff, I will take the opportunity to review our practices and policies in regard to a number of issues. I appreciate Mr. Smith's opinion, and as a public servant, value any citizen's input when it comes to how we do our job. The county of San Bernardino is a party to a lawsuit which is asking for clarification of the conflict between federal laws which prohibit the possession of marijuana under any circumstances and the state's medical marijuana law which allows possession to authorized users and their caregivers. This action is being litigated by salaried county counsel at no additional cost to taxpayers. When one of our deputies contacts an individual in possession of less than one ounce of marijuana, that individual is issued a citation. They are not taken into custody. This action is not impacting our already overcrowded jails. If the individual has a medical marijuana card, then its existence is documented in the report that is turned over to the District Attorney's Office. As in any case, the matter of guilt or innocence will be decided by the court. It is my personal opinion that the medical marijuana law is flawed. This is not to say that marijuana has no medicinal value, only that the initiative was poorly thought out, made no allowances for how marijuana is to be supplied and distributed and gave far too much discretion to physicians to prescribe it for any ailment or condition, real or imagined. In the Supreme Court case Gonzales v. Raich, the court ruled 6 to 3 that the federal government has the power to arrest and prosecute patients and their suppliers even if the marijuana use is permitted under state law because of its authority under the Federal Controlled Substances Act. After the ruling, federal agents raided three of San Francisco's 40 medical marijuana dispensaries. Nineteen people were arrested and charged with running an international drug ring and selling the drug Ecstasy as well as marijuana. The Sheriff's Department is caught in the middle of a conflict between state and federal law. Our deputies who work on joint federal task forces are sworn to uphold both state and federal law and are faced with a dilemma as to which law to enforce. I eagerly await a final decision from the courts and am hopeful of a ruling by spring. As your sheriff, I will follow whatever direction I am given by the Supreme Court. Rod Hoops is San Bernardino County sheriff-coroner. - --- MAP posted-by: Larry Seguin