Pubdate: Fri, 22 Jan 2010 Source: Union, The (Grass Valley, CA) Copyright: 2010 The Union Contact: http://apps.theunion.com/utils/forms/lettertoeditor/ Website: http://www.theunion.com/ Details: http://www.mapinc.org/media/957 Author: Kyle Magin Referenced: The Supreme Court Ruling http://mapinc.org/url/SkEZh5HU Bookmark: http://www.mapinc.org/find?115 (Cannabis - California) Bookmark: http://www.mapinc.org/find?253 (Cannabis - Medicinal - U.S.) COURT RULING WON'T CHANGE LOCAL POT GUIDELINES, DA SAYS A state Supreme Court decision to strike down a law that limits medical marijuana got a mixed reaction in Nevada County. The California Supreme Court on Thursday unanimously ruled state lawmakers were wrong to change provisions of the voter-approved Proposition 215. The 1996 measure allows people with a doctor's recommendation to possess an unspecified amount of marijuana. The Legislature, seeking to give law enforcement guidance on when to make marijuana possession arrests, mandated in 2003 that each patient could have a maximum of 8 ounces of dried marijuana. Nevada County took advantage of a provision in the mandate allowing counties to set more generous guidelines. Under the guidelines, which are not law, county residents are advised they may possess up to 2 pounds of processed marijuana and up to six plants without interference from law enforcement. This is called a "safe haven," though it isn't binding, and each possession case is judged individually, said District Attorney Cliff Newell. "The officers in the field have a lot of discretion based on each case," Newell said. "Our drive is to allow patients with a medical purpose to have as much as is reasonable." The ruling doesn't change Nevada County's safe haven guidelines, Newell added. But the ruling could change the outcome in "quite a few" possession cases, said Steven Munkelt, a Nevada City-based defense attorney who has argued in favor of medicinal marijuana. County prosecutors sometimes used the 8-ounce mandate to prove the defendant was committing a crime, Munkelt said. "It will be harder for the prosecution to prove now," Munkelt said. Jim Henry, a county resident who operates a marijuana dispensary in Colfax, was unavailable for comment. The high court's decision had nothing to do with the debate over the merits and effects of medical marijuana. Instead, justice ruled only voters can change amendments that they have added to California's constitution through the initiative process. The ruling by Chief Justice Ron George left in place the portion of the new law that protects patients possessing a state-issue medical marijuana identification card from arrest. George did note, though, that police were still authorized to make arrests if they believe the cards to be forgeries or reasonably suspects a crime has been committed. Left open to interpretation: What amount of marijuana is for legitimate personal medical consumption and how much constitutes illegal trafficking? "The California Supreme Court did the right thing by abolishing limits on medical marijuana possession and cultivation," said Joe Elford, the top lawyer for the marijuana advocacy group Americans for Safe Access. "At the same time, the Court may have left too much discretion to law enforcement in deciding what are reasonable amounts of medicine for patients to possess and cultivate." The Supreme Court's decision upholds a lower court ruling that tossed out the conviction of Patrick Kelly, a Southern California man who was arrested for possession of 12 ounces of dried marijuana and seven plants. The ruling was widely expected because the California Attorney General's office largely agreed with the position of Kelly's court-appointed attorney Gerald Uelman, a Santa Clara University law professor. - --- MAP posted-by: Richard Lake