Marijuana laws are a bust

By Doug Ernst
PUBLISHER
Thursday, July 31, 2008



When Crane Carter of St. Helena came to my office a few weeks back with a letter to the editor about a state law that protects the medical use of marijuana, he was a bit nervous. Yet he was also courageous.

It takes guts to publicly take on a law enforcement official for a perceived lack of knowledge regarding the law.

In his letter, Carter said Sheriff's Capt. John Robertson erred when he told the St. Helena Star that his agency does not recognize medical marijuana.

Since voters passed Proposition 215 in 1996, local officials have had a duty to recognize that some people have legal prescriptions for the drug, Carter argued in his letter.

I called Robertson to find out more about his stance on medical marijuana.

First, he conceded that the county's Health and Human Services Department issues medical marijuana cards to people who have prescriptions for the drug.

However, he said his agency defers to the Napa County District Attorney's office to decide whether or not to pursue marijuana cases. This is done on a case-by-case basis.

"We do not recognize the medical marijuana card that gets you free from citation or arrest," Robertson told me.

"Until the law changes or until we receive information otherwise from our current lawmakers, it is still an infraction to possess less than an ounce, and, depending on the amount, it could be a felony, to distribute marijuana for sale, or to possess it for sale or distribution."

In other words, you may be cited — but probably won't be arrested — for smoking a joint. But if you are caught transporting a large amount — say, 30 pounds of pot — a medical marijuana card is not going to keep you out of jail.

The main message Robertson passed on to me, however, is that busting people for using or possessing small amounts of marijuana is not a top law enforcement priority. The sheriff's department has bigger fish to fry.

For example, the department participates in the state's Campaign Against Marijuana Planting, working with other agencies to stop large-scale cultivation of pot.

Last year, during a bust outside of Bothe State Park, officials discovered chemicals used in the process of growing pot had been dumped into streambeds. They found garbage, sanitation problems and thefts of water from nearby vineyards.

An even larger law enforcement priority, he said, is stopping the sale, production and use of methamphetamines.

I thank Mr. Carter for bringing the issue to light. I thank him for having the courage to write a letter challenging public officials to explain their interpretations of the law.

I also thank Capt. Robertson for explaining his position.

Thanks for reading.


http://www.sthelenastar.com/articles/2008/07/31/columnists/doug_ernst/doc489125493dd46275231656.txt


Below is the letter to the editor by resident Crane Carter that is referenced:


MEDICAL POT IS LEGAL HERE
Thursday, July 24, 2008


Editor: On Thursdays, from 2 to 4 p.m. at the Napa County Health Department on Walnut Street, California State Medical Marijuana cards are issued to people with a doctor's prescription.

This card allows you to grow up to 12 immature plants or six mature ones. That is the state limit. Other counties, such as Humboldt, allow more.

There are a dozen doctors in Lake County who write $100 prescriptions for the first year and $50 for each subsequent year for medical patients. There are also a number of dispensers in Sonoma County. Because it is legal, medical marijuana could also be dispensed in Napa County.

I called the Napa California Highway Patrol office and asked how much marijuana I could transport in Napa County and was told it did not matter as long as I have a valid medical marijuana card and was not transporting Costco-like amounts.

However, Capt. John Robertson of the Napa County Sheriff's Department told the St. Helena Star ("Marijuana brownies found in mail box," July 10) that Napa County does not recognize medical marijuana.

After leaving a message with Capt. Robertson about his error I received a return message in which he said that (marijuana) enforcement is not a priority and that he would call me back when he finds out more. I have not yet heard back from him.

I think the people of Napa County deserve a straightforward answer.

People in Napa County and its neighboring counties drink all the wine they want in tasting room after tasting room. But as for me, I prefer to smoke a joint.

Crane Carter / St. Helena

http://www.sthelenastar.com/articles/2008/07/24/opinion/letters_to_the_editor/doc4887d73712bd1280973169.txt


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