Public Confusion Outlawed in Los Gatos, California -- Ranger's Office To Implement Policy

3/25/05 Contact: Jim Lohse, 408 246 0052
Public Confusion Outlawed in Los Gatos, California -- Ranger's Office To Implement New Policy:
NO SMOKING IN THE PARK by National Marijuana Association -- Protecting Existing Legal Rights From Dilution

(LOS GATOS, CA) -- In an uprecedented move, Ranger Aniko Millan has begun to implement a ban on public confusion. Ranger Millan is a law enforcement member of the Santa Clara Parks and Recreation Department.

In a Friday afternoon voicemail to NMA founder and festival organzer Jim Lohse, Ranger Millan stated: "I do stand by what John George told you, that there is to be no smoking of marijuana at the event, as you can imagine it is a nuisance to the public, and they would be confused as to what's going on."

The troublesome nuisance "it" refers to medical patients who plan to legally use marijuana under state law and Circuit Court precedent in Raich v. Ashcroft.

The new Ranger's policy was sparked by a report that Aniko Millan's employee Ranger John George had spoken with Jim Lohse about medical marijuana patients potentially smoking marijuana at the 2005 April 24 Pot Luck BBQ at Vasona Lake County Park.

Mr. Lohse is also the event organizer for the April 16 Town Hall Meeting in the Board of Supervisors Chambers. He says, "We don't plan to smoke marijuana at the Town Hall Meeting because all smoking is banned in the Chambers. That's the law. If a patient needs to medicate, they will probably need to go out back where the cigarette smokers would go."

Mr. Lohse is surprised and angered by the decision to ban outdoor smoking where auto traffic, a nearby freeway, a train, tobacco and BBQ fires are tolerated.

"It can't be a health concern -- it's all about the Ranger's perception. At least John George thought he was quoting the law. Aniko Millan didn't quote a law, she just said I was a member of a group that constitutes a public nuisance. I was cool with John George, but I'm taking this voicemail personally, and so will every member of my patient group who believes in protecting their rights."

In an unscheduled meeting at Vasona Park, Ranger John George told Mr. Lohse earlier this week that medical marijuana laws restrict the use of marijuana to the home. Mr. Lohse disagreed, explained himself, and tried to impress Ranger George that the previous year's event had featured lots of smoking, yet no enforcement actions by the police were needed nor were there any problems.

"Alcohol consumption is the real danger in the park, not a bunch of potheads at an annual festival" quips Lohse. He described the situation at the first annual Area 420 Pot Luck BBQ, held in Stevens Creek Park, also a Santa Clara County Park:

"There was a newspaper article the next day quoting Assistant DA Karen Sinunu, saying that my advertisted plan to distribute medical marijuana to pre-verified members of the Area 420 group was legal."

Lohse recounts futher, "I called Karen that Monday, April 19, 2004, the day of the Mercury News article. She picked up her phone and we had a nice conversation. In that conversation she confirmed that distribution of cannabis to qualified patients is legal."

Lohse was a public caregiver for more than one year until he shut down the Agroshare co-op in March. He says, "Back then, ahead of the first BBQ, I was negotiating this with the Sheriff's when the Rangers pre-empted us by restricting my permit. Despite Karen Sinunu's (later) validating the legality of my plan, the Parks Dept. banned my distributing marijuana to my patients at the actual event. Instead I gave it out the day before so everyone could bring their own. Then we shared."

According to Area 420 policy at the time, the patients who received marijuana needed to be previously qualified members of the Area 420 group before Lohse would be their caregiver under state law. Once they joined, they also became co-op members who shared the crop that Lohse produced on their behalf.

Lohse explains, "These pre-qualified patients were people who I had consistently helped, people whose doctor's notes I had verified personally. Though the Parks department had no legal basis to ban distribution last year, I went along without an argument because I felt we had a 'don't ask, don't tell' tolerance policy on smoking. The event went off without a hitch. The Sheriff saw us, the Ranger saw us, there was just no problem because it was all legal and under control."

Ranger Aniko Millan was formerly at the Stevens Creek Park unit before moving to Vasona Park as the head law enforcement agent in the park. She claimed familiarity with last years 2004 BBQ at her old unit.

At the end of her voicemail, Ranger Millen continued by warning, "I'd like to avoid any contacts, I understand you had a good event last year at Stevens Creek and we'd like to keep the same type of situation here."

Lohse throws his head back laughing and reacts, "I am totally mystified at whose confusion Ranger Millan is trying to prevent. She seems to be confused about what happened last year -- we're trying to have the exact same kind of event, just as she requests! We smoked there all day long and ate brownies too, there was not a single incident that required the Ranger's or Sheriff's attention. It was all in the papers. This late decision by Ranger Millan is purely specious!"

Mr. Lohse's typically ruddy cheeks truly redden as he explains his frustration.

"Look at the California Supreme Court. We just had the Gavin Newsome gay marriage decision, which really wasn't about gay marriage at all, it was about Article III Section 3.5 of the California Constitution. The Rangers can't arbitrarily ban us from smoking legally in the park any more than Gavin Newsome can rewrite marriage licenses to suit his personal desires. They can't refuse to enforce the law -- the Feds have never tried to overturn Prop 215 or SB 420."

Mr. Lohse goes political, saying, "I'm a radical conservative in a sea of liberal Democrats here in Santa Clara County! Seventy percent of these Rangers are Democrats who happily voted John Vasconcellos et. al. into office! Now that they find a Vasconcellos bill they don't understand and don't like, they are just trying to make it up as they go!"

Lohse refers to section in California's Health and Safety Code that was added on January 1, 2004. It specifically says that SB 420 doesn't authorize smoking anywhere else smoking is prohibited. The same clause under 11362.79 says:

Nothing in this article shall authorize a qualified patient or person with an identification card to engage in the smoking of medical marijuana under any of the following circumstances:
(a) In any place where smoking is prohibited by law.
(b) In or within 1,000 feet of the grounds of a school, recreation center, or youth center, unless the medical use occurs within a residence.
(c) On a schoolbus.
(d) While in a motor vehicle that is being operated.
(e) While operating a boat.

Lohse says, "The Legislature remembers to prohibit marijuana use in all these sensitive places. I guess they forgot to put Vasona Park on the list next to the school bus." He claims that he is more cynical than usual tonight during the interview.

He continues by saying, "In my position as a caregiver, it wasn't uncommon that I knew SB 420 better than the police. I had to know it like the back of my hand as a provider. I always had a great relationship with all the county and city law enforcement officers I spoke too until today. If she could show me law that is pertinent, that's one thing. I'd obey it.

"But to instead call me a public nuisance for following the law helps me understand how other minority groups felt when they were singled out as public nuisances for legal actions. The gays were attacked arbitrarily this way, and before that so were blacks, and so were the Japanese, and before that it was the Irish Catholics too.

"These government officials all sign oaths to uphold the California Constitution, but sometimes they let their personal prejudices get in the way of executing the law. This is the first time it's happened to me."

Lohse plans to file for a preliminary injunction in Superior Court Monday to prevent any goverment agency from implementing an emergency smoking ban. He worries that bans on smoking tobacco in city parks are getting popular. Even if Ms. Millen changes her mind and follows the law, the Los Gatos City Council or the Santa Clara County Board of Supervisors could enact a last-minute ordinance to prevent use of medical marijuana at the April 24 event. Both have dual-jurisdicition over Vasona County Park, which sits in Los Gatos Township.

Lohse hopes to win a temporary or permanent order to have the law enforced properly and prevent any changes until after the event.

"We're not just talking about hurt feelings, we're talking about economic risk and loss due to arbitrary government decisions. This stuff is straight out of Adam Smith's The Wealth of Nations and the Invisible Hand chapters about unfair government regulation! The County worked with me last year, took my money this year, and knew all along that we planned to smoke in the park."

Lohse has paid $520 for a park permit, plus claims to have another $1000 or more in expenses for event planning activities before he counts his time. He was in the middle of negotiating the insurance policies on the BBQ and the Town Hall Meeting when Ms. Millan left her message.

"You know, if she could quote me a law my reaction would be much more controlled. I could blame myself for missing something in my research, and regroup. This was totally unexpected and unpredictable.

"Beyond my expenses, Area 420 and the Annual Pot Luck BBQ is a developing festival brand. I have celebrity guests committed who have also spent time on this with me. I've been promoting and advertisting like a maniac, and to be shut down now would cause irreparable harm to many facets of my political and business operations.

"I don't know if Estobbel applies in civil proceedings, but this all seems a little late in the game to me weeks after they take my permit fees. It would kill me as an event planner. My way of making my living is at stake based on one person's distaste for the law."

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National Marijuana Association
Area 420's patient group website is www.area420.com
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