December 1, 1999
From The Auburn Journal
ajournal@foothill.net
http://www.auburnjournal.com/
By Mike Fitch, Journal Staff Writer

MEDICAL USE MARIJUANA ADVOCATES LAUNCH OFFENSIVE FOR ENFORCEMENT OF PROP. 215

Advocates of medical marijuana use went on the offensive this week against what they claim is an aggressive campaign by the Placer County Sheriff's Department to arrest ill people with a legal right to use the drug.

In a petition filed with the county Board of Supervisors Monday, the recently formed American Medical Marijuana Association says county officials are violating state law by refusing to enforce Proposition 215, an initiative approved by state voters that also is known as The Compassionate Use Act of 1996.

The law's intent is to exempt medical marijuana patients from criminal prosecution if they grow and cultivate the drug for their personal use.

The association has launched a statewide drive aimed at convincing local authorities to enforce the act.

Placer County Sheriff Ed Bonner could not be reached for comment Tuesday and Lt. Dan Hall, the department's public information officer, declined comment on the issue.

Anita Yoder, a county spokeswoman, said officials haven't decided how to handle the petition yet, noting they just received it Monday. "So, no one has had a chance to review it or anything else," she said.

The issue of how to enforce the 1996 act is troublesome for local law enforcement authorities.

In an interview with another publication Monday, Bonner was quoted as saying the 1996 act was poorly drafted. He also bemoaned the lack of state guidelines on how to proceed and noted that marijuana is still on the federal government's list of most dangerous drugs.
See
California Constitution Specifically Prohibits State Officials From Using Federal Laws
As An Excuse For Not Enforcing State Laws Like Prop 215 Without A Court Ruling.
Great Orange County Register Editorial.

In its petition, the association attacks the last point, noting no one has mounted a legal challenge to Proposition 215 based on any conflict with federal laws or regulations.

Steve Kubby, a former Placer County resident who is a leader in the battle for medical marijuana use, charged Tuesday that Placer County officials have ignored the 1996 law so they could continue an aggressive arrest campaign.

"They are considered the most aggressive jurisdiction in California," he said.
See
Placer DA Drops Charges Against Medical Marijuana User With 5 Plants And 12 Seedlings,
But Not His Wife, Who Is His "Caregiver"
"We couldn’t convince a jury beyond a reasonable doubt."
Or -- The Lynching Was Cancelled By A Shortage Of Rope?
Kubby, the Libertarian Party candidate for governor in 1998, was arrested with wife Michele in January during a police raid at their Olympic Valley home.

The couple has pleaded innocent to felony drug charges, saying Steve Kubby uses the drug to treat a rare form of adrenal cancer. The case is set to go to trial Feb. 15.
See
Family Values Placer County Style:
Kubby Trial Delayed By Pregnancy Complications,
So Sheriff and DA Move To Seize The Kubby’s Property Before Trial.

The petition specifically asks supervisors to:

- Adopt guidelines used by the city of Oakland to protect sick people from arrest.
See
The Connection Between The Federal Case And The Kubby Case:
The Oakland Model Is Based On The Federal Government’s Own Medical Marijuana Program;
Steve Kubby Based His Level Of Marijuana Cultivation On Oakland’s
Those guidelines say a patient should be allowed to possess a three-month supply of medicinal marijuana, grow a three-month supply indoors and grow a one-year supply outdoors. Caregivers are allowed the same amounts for each of their patients.

- Give patients and caregivers the option of getting identification cards through a county-funded program managed by county or state health departments. The petition emphasizes such a program should protect the privacy of participants and not involve law enforcement agencies.

- Support grand jury investigations of complaints alleging violations of the Compassionate Use Act.
See
Placer County Ignores Risks Posed By Violence-Prone Sheriff Searching For Marijuana
– Will It Be First County Bankrupted By Negligent Handling Of Prop 215?
Exclusive to MarijuanaNews.com
Copyright: 1999 Auburn Journal

----------------------------------------------------------------------------
The American Medical Marijuana Association
Web site: http://www.kubby.com/AMMA.html
Subscribe: AMMA-Talk-on@list.kubby.com

NATIONAL DIRECTOR: Steve Kubby steve@kubby.org
DIRECTOR OF VOLUNTEERS: Richard E. Pearl, Sr., Ed.D. rpearl1@hotcom.net
COUNTY DIRECTORS:
ALAMEDA: Jeff Jones jeffj@rxcbc.org
CALAVERAS: David Jack, jacks@goldrush.com
FRESNO: Jonathan Richter jonrichter@email.msn.com
HUMBOLDT: Al Gilmore overedge@sohumm.net
LOS ANGELES: Jim Rosenfield jnr@insightweb.com
MADERA: Jonathan Ira Zwickel jonathanira@thegrid.net
NEVADA: Carrie Becker solarquest@jps.net
ORANGE: Doug Scribner doug@123abc.net
PLACER: Steve Kubby steve@kubby.org
SACRAMENTO: Steve Blake stevenblake@excite.com
SAN BERNARDINO: Gary Barrett trichome34@hotmail.com
SAN DIEGO: Dennis Triglia" dtriglia@vgen.com
SAN LUIS OBISPO: Jo-D and Tom-E Dunbar dunbar@thegrid.net