Pubdate: Tue, 12 Jul 2011 Source: Arizona Republic (Phoenix, AZ) Copyright: 2011 The Arizona Republic Contact: http://www.azcentral.com/arizonarepublic/opinions/sendaletter.html Website: http://www.azcentral.com/arizonarepublic/ Details: http://www.mapinc.org/media/24 Author: Nathan Gonzalez, The Arizona Republic GILBERT POLICE: MARIJUANA ARRESTS INVOLVED OTHER CRIMES Several recent Gilbert police investigations have ended with masked Gilbert officers carting away marijuana plants and jars of pot from medical-marijuana prescription cardholders. Department officials, however, say they are not targeting the patients. Controversy last month followed Gilbert police officers' arrest of several people on drug-possession and paraphernalia charges even though they had valid medical-marijuana cards. While a reading of the law, approved by voters last fall, appears to grant those with the cards the ability to swap the drug among themselves, Gilbert police say that isn't necessarily so. Some arrests involved people who broke several other laws, police said. "If someone is a cardholder and has marijuana, the law says that's OK right now," said Sgt. Bill Balafas, a police spokesman. "The question then becomes: How did they come across it?" In May, Arizona Attorney General Tom Horne petitioned the federal government to rule on the legality of the state's medical-marijuana law. As a result, the state has yet to issue a single dispensary license. Despite a handful of arrests, Balafas said Gilbert police are not targeting medical-marijuana prescription holders. "What some people are trying to do is get ahead of the law," Balafas said. "We are giving direction to our officers that if (a member of the public is) a cardholder and it's given legally, then they are allowed to have it." Chief Tim Dorn has declined repeated requests to speak on the topic. On June 9, Gilbert police responded to the home of Ross Taylor in the 7100 block of South Fawn Avenue after an informant told them that Taylor might be selling marijuana from his home, according to a recently released police report. Taylor, who owns Cannabis Patient Screening Centers in Gilbert, Mesa and Prescott, did not return messages seeking comment. Taylor was in the process of moving into the home when 12 heavily armed undercover officers executed a search warrant. Police detained Taylor and three others, including a disabled woman. Inside the home, police found three jars of marijuana, drug paraphernalia and a jar containing hashish, which is derived from marijuana, a police report states. "Hash is not lawful even under medical marijuana," Balafas said. "There is no way for us to know whether someone has a card ahead of time. If we come to a house, give us a card or card number that we can check out in a Web-based database. That will tell us if the person's card is valid." Police recommended that Taylor be charged with possession-related offenses, including possessing a narcotic, marijuana and drug paraphernalia. Maricopa County attorney spokesman William Fitzgerald said charges had not been filed as of Monday likely because prosecutors are awaiting lab results on the suspected drugs. On June 16, an informant tipped police that Garry Ferguson might be selling marijuana through his Medical Marijuana Advocacy Group at 2011 E. Fifth St. in Tempe. An ongoing drug case in Gilbert led investigators to the advocacy group's office, Balafas said. A police informant told investigators about witnessing people smoking the drug and drinking alcohol inside. "There were so many different violations of law that (the informant) just called the other detectives in at that point," Balafas said. Ferguson denied any laws were being broken and said everyone inside the business had a valid medical-marijuana card. "They took all my plants and cash. They pretty much hurt me for $4,000," Ferguson said, adding that Gilbert police "have declared independence from the laws of Arizona." Investigators detained eight people, including two with valid medical cards. Police recommended the county attorney charge Ferguson, Max Marler, Jonathan Wisenhunt and Rachel Russell with various drug-possession charges. A fifth person, James Rozzi, was arrested on outstanding warrants from North Mesa Justice Court. Fitzgerald could not determine whether prosecutors have filed charges. On June 20, a police officer pulled over Steven Pickett at about midnight near Mission Bay and Val Vista after they said he failed to stop while leaving a private drive, Balafas said. Pickett admitted to having marijuana in his vehicle, but produced a valid prescription card. He admitted to smoking earlier in the day, but the arresting officer determined the drug impaired his ability to drive, Balafas said. "We seized the marijuana. We are always going to seize the impairing drug, whether that'd be prescription or not," he said. DUI charges against Pickett were pending. "If someone has a valid card and has less than 2.5 ounces (of marijuana) and is acting within the law, we have to respect that right," Balafas said. - --- MAP posted-by: Richard R Smith Jr.