Pubdate: Sun, 16 Jun 2013
Source: Arizona Daily Sun (AZ)
Copyright: 2013 Arizona Daily Sun
Contact: http://news.azdailysun.com/opinion/letter_submit.cfm
Website: http://www.azdailysun.com/
Details: http://www.mapinc.org/media/1906
Author: Cyndy Cole

POLICE NOW PROTECTING POT USERS

Legalization of marijuana for some people, in some circumstances, has
created new roles for Flagstaff police as well.

Officers are now undergoing new training to determine when a
cardholding marijuana user is nevertheless driving while impaired.

And they are also being educated about what medical marijuana
cardholders can legally do.

"We've made it very clear to our officers that individuals
participating in the medical marijuana program are law-abiding
citizens as long as they're following the rules put forth by DHS,"
said Chief Kevin Treadway, referring to the Arizona Department of
Health Services.

The state agency is the main writer of policy related to Arizona
voters' 2010 decision to legalize marijuana for people with diagnoses.
such as chronic pain, hepatitis C, cancer, AIDS, nausea or epilepsy.

The police, however, will be making a number of related
decisions.

It will be up to a Flagstaff police officer to determine whether a
driver is impaired even if using marijuana legally -- the same as for
a driver older than 21 who has consumed alcohol.

"We have sent a number of our officers through drug-recognition
training," Treadway said.

Unlike alcohol, though, there is no legal limit for how much marijuana
is acceptable in a driver's bloodstream.

It will be up to patrol officers initially to determine impairment,
and city prosecutors will have discretion in the cases they pursue
after an arrest.

And Flagstaff police plan to keep enforcing laws prohibiting marijuana
use for recreational purposes, Treadway said, along with checks for
forgery of medical marijuana cards.

Just like with a bar, the police won't be sitting outside of
dispensaries waiting for people to exit.

Owners of each of Flagstaff's two dispensaries have contacted the
police ahead of opening their doors.

"Both of those owners called us and said, 'We'd like to meet with
you,'" Treadway said.

The shift brings changes to enforcement of the drug laws, such as what
to do with residences where people are growing marijuana, which is
tricky.

Before the first Flagstaff dispensary opened, cardholders were
permitted to grow their own marijuana within the limits set by the
law.

But now, any cardholder living within 25 miles of the Flagstaff
dispensaries is banned from growing marijuana.

But, in an exception to that rule, a person can be living next door to
a dispensary and still growing marijuana if they're serving as a
caregiver for a cardholder living more than 25 miles from a dispensary.

At the same time, the police need warrants to determine whether a home
growing marijuana is actually the home of a certified, legal
caregiver, Treadway said.

It's something of a change in thinking for the police, he
said.

"When you mix large amounts of cash with drugs, very often you'll see
criminal activity," Treadway said.

But now Flagstaff police will also play a role in protecting the
dispensaries from criminal activity, like robbery.
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