DA compliments Ag for clearing the haze around PROP 215

Posted 08-29-2008
By Donna Tam,Times Standard

California -- The state's new medical marijuana guidelines will help bring more clarity to Proposition 215 cases, giving the county more tools in its struggle to curb abuse of the law, Humboldt County's district attorney said.
â?�There's some good stuff in there for us to efficiently punish people who are abusing the law,â?� District Attorney Paul Gallegos said. â??There are members of this community that are making money, that are benefiting from the laws and the people of this community, that are giving nothing back.â?�

The Office of the Attorney General's guidelines, released Monday, include regulations on the amount of medical marijuana a patient or caregiver can possess as well as how law enforcement should proceed.

Gallegos said he is planning on meeting with his staff to decide how his office will interpret the new guidelines, but he is pleased with the AG's decision to clear up Proposition 215's ambiguity.

Gallegos said the guidelines shouldn't have much of an impact for legitimate 215 patients.

â?�It sort of mirrors what we've been saying,â?� he said, adding that Humboldt already will not prohibit criminal defendants and probationers from using medical marijuana if they are 215 patients. However, state and county guidelines do prohibit any use at a jail, correctional facility, or other penal institution.

Other issues, such as the seizure of excess marijuana, are different. While Gallegos said he favors taking only excess medical marijuana from qualified patients, the state guidelines allow law enforcement to seize all marijuana if it is over the limit, even if the patient's status is verified.

According to the guidelines, patients and caregivers may possess up to 8 ounces of dried marijuana, and may maintain no more than six mature plants or 12 immature plants, unless a doctor recommends more. The guidelines also allow counties to designate higher limits.

Humboldt County guidelines allow patients or caregivers to cultivate, grow and consume up to 3 pounds of medical marijuana per year, while also allowing for a 100-square-foot canopy of mature female plants to be grown.

The AG guidelines state law enforcement must honor a state-issued identification card, but a person carrying only a local identification card or a recommendation from a licensed physician is subject to more scrutiny and seizure.

According to the Humboldt County Department of Health and Human Services, there have been 222 cards issued in the county since January. The cards must be renewed each year.

The guidelines also clarify that medical marijuana transactions are taxable.

â?�Taxation -- that is very important to us. We've modified our investigation to do financial investigations,â?� he said.

By comparing assets and income, the county can weed out illegal growers from legitimate ones, he said.

â?�It gives us a weapon, I think, that we didn't have,â?� Gallegos said.

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I'm glad that Cali was one of the first states to pass MMJ legislation but man are there laws a mess. Every county and city has a different rule for MMJ.

kw420,yes it is a big mess is'nt it. I really get too see clearly having been in oregon and seeing their system and comparing the two states. hopefully jerry brown's recomendations for guidelines(not laws) will help.Things are really out of control in california,anybody can get a recomendation from a doctor and thats a major problem.,I bet i could get my dead dog one LoL
check this out I stumbled onto.the police are going too try to take advantage
of the current MMJ climate in the state too force it into staying ILLEGAL.
that is a big mistake.we need a mandatory state run program like oregon has,why don't we?????
http://www.californiapolicechiefs.or...errito_ord.pdf
55 pages, not one ofthose have anything positive too say :(

Veggi,
Do you know the legal definintion of "immature plant" and "mature plant" ? I've been trying to find out.

Quote:

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Originally Posted by redline

Veggi,
Do you know the legal definition of "immature plant" and "mature plant" ? I've been trying to find out.

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as far as legal definition no their isn't one that I know of, its all in the cops mind !! they are probably going by vegative & bloom for immmature/mature
in my world a mature plant has bloomed and is ready for harvest
a immature plant is anywhere from a seedling to bloom
also those AG guidelines are not LAW just a recommendation, too make things easier for legal patients & LEO. know PROP215 is LAW! and its about time for LEO too start being held accountable to it! gtg dinner is ready :D