Pubdate: Fri, 30 Mar 2012 Source: Record Searchlight (Redding, CA) Copyright: 2012 Record Searchlight Contact: http://www.redding.com/ Details: http://www.mapinc.org/media/360 LEGISLATURE OWES THE STATE CLARITY ON 'COLLECTIVE' LAW Many a Californian has read the latest political news from Sacramento and wondered, "What the heck was the Legislature thinking?" Unfortunately, law-enforcement officials and the courts are asking themselves the same question - in a literal way: What was the Legislature's intent when it passed a law nearly a decade ago authorizing medical-marijuana patients to "collectively or cooperatively" grow cannabis? Were the lawmakers thinking of community gardens? Or did they aim to allow grower-patients to form lucrative cannabis collectives akin to Diamond Foods, the California-based nut colossus? At stake in that question are uncountable millions of dollars in revenue for collectives, but also the liberty of people like Tehama County residents Joseph Froome and Daniel Ludwig, who were arrested in 2009 after a raid of what they say was a medical-marijuana collective but Tehama County prosecutors argue was an operation illegally growing marijuana for sale. Until this week, various Tehama County judges have largely sided with the prosecutors' strict line that selling marijuana violates the law. But a Southern California Court of Appeal ruling issued just last month, People v. Colvin, gives the Froome and Co. defense new life. In the case, William Frank Colvin, an employee of a 5,000-member Los Angeles collective, was convicted of driving a pound of marijuana from one dispensary branch to another. Police and prosecutors maintained that the law does not exempt that act - transporting drugs - - from criminal penalties, and that the collective was far larger than the law ever envisioned. In brief, they argued, most members were simply shoppers and not active members, making the organization a commercial entity retailing cannabis, not a "collective." Prosecutors say the same about Froome. The court in the Colvin case curtly dismissed that argument, likening cannabis co-ops to grocery cooperatives where some members might work in the store but "not everyone who pays a fee to become a member participates in the cooperative other than to shop at it." State law doesn't require patients to pull weeds or fertilize and irrigate plants "collectively," nor does it set any limits on collectives' size. Of course, it could. "It may be that the Legislature, in trying to implement voters' wishes, envisioned small community or neighborhood gardens," the court ruling notes. "That may be good policy." But it's not the law. Whatever the law does say, profit-minded growers and dealers will push its limits. The state should find a way to curb that barely legal trade while allowing access to bona fide patients who find relief from marijuana. And the push to forbid the sale of medical marijuana makes little sense. From aspirin to Zoloft, medicines are purchased with money - often at tremendous cost. It's not obvious why cannabis should be any different. Wherever the state's elected representatives decide the line should be drawn, the chaos in the courts needs resolving. Patients shouldn't live in fear. The police should have a reasonable sense of who they can arrest for what. The lawyers involved seem to be making it up as they go along. In December, Attorney General Kamala Harris called on the Legislature to clarify what collectives the state should allow and fill in other gaps in the law. It should hurry up and get on the job. Because, in all seriousness, a lot of people need to know what the Legislature was thinking. - --- MAP posted-by: Jay Bergstrom