From: alanb@sonic.net

Unlawful Arrest of Patients



Qualified Persons under the Compassionate Use Act of 1996 are patients with
a recommendation from their physician as well as these patients’ primary
caregivers.  There are no other qualifications.  Qualified Persons are
clearly exempt from marijuana prohibition laws, as upheld by our California
Supreme Court in the Mower decision in 2002.  Mower is currently the
controlling precedent by law.  Our Supreme Court held:



As a result of the enactment of section 11362.5(d), the possession and
cultivation of marijuana is no more criminal-so long as its conditions are
satisfied-than the possession and acquisition of any prescription drug with
a physician's prescription.  [ People v. Mower, 28 Cal 4th 457, 482].



… in view of his or her status as a qualified patient or primary caregiver,
the grand jury or the magistrate should not indict or commit the defendant
in the first place, but instead should bring the prosecution to an end at
that point.  [Mower, ibid. 473]



Evidence of a defendant’s status as a qualified patient or primary caregiver
exculpates him or her from guilt of the crimes of possession or cultivation
of marijuana, because such a status renders possession and cultivation of
marijuana noncriminal.  [Mower, ibid. 485, FN5]



Does our Sheriff have authority to set plant limits?  If so, where is this
authority?  Perhaps we patients should be asking him to cite his authority
to arrest patients, disrupting lives with handcuffs, jail cells, bail bonds,
attorney fees, and court hearings?    Remember, our state Supreme Court held
that medical marijuana is a non-criminal matter.



Perhaps some of us think that SB420 enacted by our Legislature makes
patients criminals via plant limits.  In fact, SB420 is a voluntary
regulatory program and may not repeal or amend the Compassionate Use Act of
1996 enacted by initiative of the electorate  (in other words:  We the
People who vote).



California Constitution Article10, Section 2(c).



[The Legislature] may amend or repeal an initiative statute by another
statute that becomes effective only when approved by the electors….



The next time a patient is arrested or their marijuana property seized by
the Sheriff or other state law enforcement officer, should not we patients
demand that the officers be held accountable for their unlawful activity?
The Compassionate Use Act does not list any plant limits.  Why are some
patients negotiating plant limits with law enforcement, that is still, 8
years later, involved in unlawful activities?



We appreciate you Questions, Comments and Input.  Contact us at
commonsenselaw@yahoo.com

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