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Indybay Feature

SCPD has no enforcement policy about the use/possession of medical marijuana

by John E. Colby
I made a California Public Records Act (CPRA) request to protect the civil rights of two disabled homeless individuals I represent who are medical marijuana users. Santa Cruz Police Department (SCPD) Records Manager Trisha Husome responded that there are no responsive records to this request. Why doesn't the SCPD have any policies about enforcement against users and possession of medical marijuana?
cpra_request_for_scpd_s_current_enforcement_policy_against_medical_marijuana_use_and_possession.pdf_600_.jpg
Please view the CPRA request to SCPD Records Manager Trisha Husome about medical marijuana use and possession as well as her response, all by email. Why wouldn't the SCPD have any policies regarding enforcement against users and possession of medical marijuana? Why doesn't the SCPD have guidelines for its officers regarding medical marijuana? Could it be that SCPD officers apply arbitrary standards when they encounter medical marijuana users or those possessing medical marijuana? Might the SCPD treat different classes of people — for example homeless individuals, minorities and teenagers — differently than others when they encounter medical marijuana users or those possessing medical marijuana?

I ask those who have been cited or harassed by the SCPD for using or possessing medical marijuana to submit comments to this story. Santa Cruz voters — who overwhelmingly support medical marijuana use and possession — must know if the SCPD is applying a double standard to medical marijuana use and possession.

This is important: if you use or possess medical marijuana you must know if you are a likely target of police harassment.
§SCPD Records Manager Trisha Husome's response to my CPRA request
by John E. Colby
response_to_email_dated_07-02-12.pdf_600_.jpg
SCPD Records Manager Trisha Husome claims that the SCPD has no policies regarding enforcement against medical marijuana use and possession.
policy.pdf_600_.jpg
SCPD Records Manager Trisha Husome misrepresented in response to my original California Public Records Act (CPRA) request that the SCPD had no policy about the use and possession of medical marijuana. So I broadened my request to mean any type of marijuana use and possession. Bingo! Suddenly she produced a Policy Section 452 entitled "Medical Marijuana".

Did she lie to me the first time? Why didn't she produce this policy in response to my first CPRA request?
by Robert Norse
Santa Cruz voters passed Measure K back in 2006 by a strong majority--an Initiative that the City Council refused to pass or put on the ballot--making marijuana use by adults in private the lowest enforcement priority (supposedly).
See "http://www.smartvoter.org/2006/11/07/ca/scz/meas/K/

In the next few months, the SCPD weighed into to effectively cripple this measure, using City Attorney John Barisone to do so.
See "Gutted and Depleted Measure K Commission Meets Tonight..." at http://www.indybay.org/newsitems/2007/10/08/18452900.php .

The Commission has met infrequently if at all the last few years, cancelling meeting after meeting "for lack of a quorum" in violation of the voter-passed Initiative, stacked with police-friendly partisans. Its most recent meeting was again cancelled this month.

It seems unlikely the police have no written policy regarding how to address medical marijuana--which has been along and approved by local voters since the early 1990's, legal in California since 1996.

Of course, having no policy might also give the police more options or "tools" (as they like to describe their blank check).
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