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Medical Marijuana Political Struggle

by Pebbles Trippet et. al. poster: Robert Norse (rnorse3 [at] hotmail.com)
Articles reprinted (without permission) from the Anderson Valley Advertiser on the struggle to legalize Medical Marijuana by Pebbles Trippet and others.
Articles from the Medical Marijuana Patients Union of Mendicino County

Medical Marijuana Advisory Board
Carrots & Cannabis
by Maria Brook & Pebbles Trippet

Approximately 40 people gathered at the Ukiah Brewery on Wednesday, April 5 to kick off the formation of the Medical Marijuana Advisory Board MMAB), a county-wide community-based policy advisory panel on all aspects of medical marijuana of concern to the broader community. Maria Brook opened the meeting with a concept of the MMAB as a community-based hub with all geographical areas represented, where information comes in from multiple sources and flows back out to the broader
community, which includes 1) the public, 2) legislative bodies (e.g., Board of Supes) and 3) law enforcement.

Pebbles Trippet shared the strategy of building collectives, cooperatives and coalitions as the legal pathway to the future under state law (Senate Bill 420 and *People v Urziceanu*). She said it is neither the feds nor the cities but the State of California that has ultimate authority over medical cannabis because the practice of medicine is regulated by the state.

Different people shared their views and visions. Here are some quotes:
€ "To take the crime out of cannabis with cooperatives,"
€ "To be active in resolving the drug war,"
€ "to close the gap between those who use and those who don't,"
€ "to build sustainable economies, including carrots *and* cannabis,"
€ "to end prohibition, the stupidest thing that ever happened,"
€ "to show that societies can function at a high level with cannabis,"
€ "to reach out to Hispanics, veterans and other overlooked
communities,"
€ "to build structures so everyone can have their say,"
€ "to educate and liberate."

On personal safety, someone said, "It's been a long time since I was afraid of police but thieves are a major problem." Someone else answered, "The price and the profit going down will increase security."

Lynda McClure of the Mendo Greens said, "It is a vital issue to our community." There was talk of Supervisor Hal Wagenet's proposal for a licensing program per plant and building the Mendo Organic Network with certification and labeling. Patients and caregivers now under prosecution came for support (Mendo Healing from Fort Bragg and Eddy Lepp from Lake County).

A panel of MMAB advisors is coming together. When Mendocino County Clerk/Recorder/Assessor Marsha Wharff affirmed she would be "honored to sit" on the MMAB, she remarked, "I know the benefits of this medicine as a caregiver for my husband."

Judy Pruden, Ukiah Planning Commissioner, was the first to agree to be an advisor on the MMAB, since it was originally her idea to create a CAB (Citizens Advisory Board) as the "educational component" of Ukiah's Marijuana Cultivation Ordinance (which banned backyard medical marijuana gardens within city limits). Pruden's CAB would have created a "good neighbor policy" for the city of Ukiah with the aim of seeking solutions to neighborhood disputes between cannabis patients and caregivers and complaining neighbors. However, the CAB didn't have the City Council votes, perhaps largely because it would have required the Ukiah City Council to open up the process to democratic decision-making with people whose open air medical activity they had just banned. (Cultivation indoors and in a locked secure greenhouse is still allowed.)

By contrast, the Mendocino MMAB is a county-wide community-based independent *alternative* to the CAB which, had it passed, would have been narrowly defined and controlled by the Ukiah City Council's "unfriendly" prohibition policies.

Other MMAB advisors include County Planner Paula Deeter (Fort Bragg), William Courtney, MD (Mendocino), Els Cooperrider (Ukiah) and former sheriff Tony Craver, who was asked and agreed to be honorary chair. Sheriff Craver paved the Prop 215 implementation path by running Mendocino County's Medical Marijuana Identification card program through the Sheriff's Department instead of the Health Department "planting seeds" that still bear fruit today, such as written guidelines and cooperative relations with law enforcement.

Tom Allman, candidate for Mendocino sheriff -- the only candidate present -- showed up to say, "My policies will not differ from former sheriff Tony Craver's. If they're not broken, don't fix them." He said he would push for moving the issue toward the public health side and away from law enforcement. Allman named his priorities as 1) methamphetamine, and 2) emergency disasters. He said, "Methamphetamine is killing kids and marijuana is not."

To illustrate changes taking place among enlightened law enforcement, Allman described a long-time "good friend" of his who had severe health problems. "If my friend didn't have medical marijuana, he couldn't get out of bed in the morning. He tells me this. I trust him. There's something to this other than just getting high."

Groups with representatives present were KMEC, KNYO, Greens, Northern California NORML, Greater Ukiah Localization Project, United Cannabis Ministries, Cloud Forest Institute. The meeting was convened by Mendocino Medical Marijuana Providers and the Medical Marijuana Patients Union. The Redway-based Civil Liberties Monitoring Project and former Fifth District
Supervisor Norman deVall have also been supportive.

In closing, Maria Brook of the Providers group described the gathering to form MMAB as a first date, finding our comfort level, taking it slow, with plans to meet again in May. The date is Wednesday, May 17, 2pm, at "Area 101," 54895 North Highway 1, 10 miles north of Laytonville.

The MMAB can serve as a clearinghouse of up-to-date information, historical research, new medical findings and current litigation. The idea is to invite and give a voice to all points of view; build bridges between constituencies and to outlying and underserved communities (Hispanic, veterans, the home-bound); and include everyone with a stake in the issue of
medical marijuana.

There is potential for using the Mendocino MMAB model in other counties as an opportunity to share effective policy ideas throughout the state.

(Maria Brook is a member of Mendocino Medical Marijuana Providers in Willits. Pebbles Trippet, is a member of the Medical Marijuana Patients Union, 707-964-YESS.)



The Mother Of All Debates For Mendocino County Sheriff

The mother of all debates for Mendocino County Sheriff between Lt. Tom
Allman, Interim Sheriff Kevin Broin and Lt. Don Miller will take place
Wednesday May 17, 2pm, sponsored by the newly-formed Medical Marijuana
Advisory Board (MMAB), a countywide, community-based policy advising body.
The candidates are expected to explain *how* they'll continue former Sheriff
Craver's popular policies, *how* they will go beyond him and *how* they will
differentiate themselves from one another in implementing Senate Bill 420.

Former Sheriff Tony Craver has come but not gone because his enlightened
spirit hovers over everything the Sheriff's Department does with respect to
medical marijuana. He is en route to Idaho this week with his first u-haul
load of stuff and has plans to attend the debate next week when he comes
back to California for a second load. We have confidence he will join us if
he can.

Either way, we present the debate in honor of former Sheriff Tony Craver
and the cooperative relations with law enforcement he encouraged by meeting
and reasoning with patients, treating us with respect and responding to our
complaints with actual change.

The county ID card program with a 24-hour hotline was Craver's
brainchild. So was teaming up with District Attorney Norm Vroman so the
sheriff and the prosecutor would be on the same page. The program was
designed with simplicity and flexibility and without bureaucracy, to be free
to respond to community needs for such things as written guidelines on
quantity of medicine allowed per patient and trustworthy instructions to
deputies as to how to bust or not bust at the garden site of a "medical
grow."

Giving patients the benefit of the doubt is fair because courts give
defendants the benefit of a doubt. For example, discretion is called for if
a patient's paperwork from the doctor is valid but outdated or not on
display but their status is easily verified with minimal investigation. Or
if a patient appears to have more than 100 square feet of growing space
(leaf canopy), deputies need to ask if the patient is also a caregiver
growing for other patients, increasing the growing space allowed by 100
square feet for each additional patient.

In these kinds of borderline situations, Craver explained his
instructions to the Medical Marijuana Patients Union this way: When in doubt
about compliance with guidelines, his deputies should take photos and
samples as evidence, *not* whole plants and *not* whole gardens -- makes
common sense.

Through the creation of the MMAB, Mendocino County has a window of
opportunity to make a difference on the level of comprehensive medical
marijuana policy -- from charcoal filters to absorb odor to "collective
cooperative cultivation projects," envisioning the footsteps of the legal
pathway to the future.

If that sounds optimistic consider this: When Tony Craver decided to run
for sheriff, he promised his constituency he'd create a fair county policy
to implement the new state law, which he voted against, but now that it was
law, he was sworn to uphold it.

So instead of arresting and prosecuting medical users, Craver and Vroman
created guidelines for *protecting* patients who use marijuana for medical
purposes as well as their primary caregivers, and *preventing* arrests and
prosecutions of "people who aren't doing anything wrong," as Craver puts it.

Tony Craver took the bull by the horns, authored the ID card program and
ran it through the sheriff's office rather than public health (as other
counties were doing), because nobody else cared enough to do it, or do it
right.

In those early implementation days, many a deputy razzed Craver as
Sheriff Bob Marley to ridicule his efforts. But as time went on and his
program began to work and became popular, those same negative types were
calling him back, asking, "How'd you do it?"

He pulled together a spectrum of forces willing to work together in
coalition fashion for law enforcement purposes, as the MMAB is doing for
comprehensive policy purposes -- bringing together knowledgeable public
officials, law enforcement, cannabis patients, caregivers, physicians,
scientists and journalists to envision full medicalization of cannabis and
the policies we want to live by.

Medical marijuana law continues to evolve under court interpretations of
Senate Bill 420. The most recent decision is the most far-reaching. *People
v Urziceanu* (9/12/05), 3rd District Appeals Court, unanimously ruled that
SB420 now protects sale and distribution of cannabis for medical purposes
under the concept of "collective cooperative cultivation projects" as an
alternative to for-profit factories.

After decades of illegality, medical use of cannabis is a health "right"
under California law, no longer a crime. Upholding the law is our common
ground. We should work out the kinks in unison with debate and dissent as a
necessary and healthy part of the process.

Wise public policy includes medical access and due process and is the
hand that rocks the cradle of the next generation. Let's rock!

* * *

There's plenty of room for everyone at the Big Sheriff's Debate. Bring
your point of view. Ask questions. Vote on your choice of advisors and
activists to represent you. Stay for dinner and desert after the debate.

This is all happening at "Area 101" in Laytonville (54,895 North Highway
101, ten miles north of Laytonville) at 2pm, Wednesday May 17, 2006.
Maria Brook & Pebbles Trippet
Medical Marijuana Advisory Board (MMAB)
Interim coordinators 707-964-YESS



The Big Sheriff's Medical Marijuana Sheriff's Debate
by Maria Brook, Paula Deeter & Pebbles Trippet

All three Mendocino Sheriff's candidates showed up to debate each other
and answer questions from the medical marijuana community last Wednesday,
May 17, at Area 101 in Laytonville, sponsored by the newly formed Medical
Marijuana Advisory Board (MMAB) -- whose purpose is to develop a
comprehensive educational approach to medical marijuana policy, integrating
all related health and safety issues under Calilfornia law. The intent was
to share policy ideas with law enforcement in a non-partisan atmosphere and
urge everyone to vote.

The event opened with local jazz and an air of purpose, starting with
Dr. Bill Courtney's slide show on the endogenous cannabinoid system in the
human brain, based on the December 2004 *Scientific American* article, "The
Brains's Own Marijuana."

Dr. Courtney's well-researched educational on cannabinoids grounded the
gathering in science, included several biological systems which cannabis
modulates (immune, endocrine, brain, cardiovascular, digestive,
reproductive, respiratory, circulatory and central nervous sytems, among
others) and over 400 medical conditions for which "marijuana provides
relief" (Proposition 215).

Mendocino Supervisor Hal Wagenet, representing the third district, spoke
to the crowd and called the Sheriff's debate "remarkable" and
"unprecedented," seeing law enforcement with medical marijuana forces,
talking nuts and bolts with their next Sheriff. Wagenet said, "Legislative
bodies make the laws. These guys enforce them. They are exactly who you need
to be talking to."

He announced an up coming medical marijuana policy conference sponsored
by Mendocino County to brainstorm with public officials and policymakers in
other counties. He cited "supplier counties and customer counties with the
transportation dilemma between the two."

Discussions about medical cannabis sales/distribution are increasingly
feasible in light of *Urziceanu* (9/12/05), the Third District Appeals Court
ruling, which interprets Senate Bill 420 protections for primary caregivers
as including *sales, distribution, cultivation, transportation, trimming,
maintaining a warehouse and managing a facility for medical purposes...*

1) if the primary caregiver operations involve "collective cooperative
cultivation" and,

2) if there are sufficient doctors' approvals to authorize the quantity
in case of multiple patients.

Wagenet's policy workshop in collaboration with other counties is quite
timely, in light of the formation of the MMAB whose sole purpose is policy
advising, and in light of local elections shaking up the landscape, with
deputies in the race for sheriff offering cannabis patients and caregivers
fair guidelines and "benefit of the doubt" at the gardensite as a matter of
policy; allowing an investigative window of 12-24 hours before taking law
enforcement action; allowing a period of time for deficient paperwork to be
updated or otherwise repaired; offering to work with a 24-hour Physicians
Hotline established for quick and reliable verification of patient's status
in lieu of arrest or seizure of medicine; agreeing to meet quarterly with
MMAB representatives.

MCs were Paula Deeter of "Herban Legend" and Ukiah Morrison of "Joint
Venture" (KMEC, the Ukiah low-power FM radio station).

There was overwhelming agreement on the following questions:

1) Physician Paperwork Posted At The Door -- Does physician paperwork
posted at the door make Sheriff's entry unnecessary?
All three candidates said YES to this guideline.

2) Physicians Hotline -- Would you support using and implementing a
24-hour Physicians' Hotline to consolidate an organized database for a quick
and reliable way to confirm a medical marijuana patient's status?
All three candidates said YES, they would support and use the hotline,
initiated by Dr. Bill Courtney of Mendocino.
The following two questions were joined together --

3) Investigative Window Of Opportunity -- Would you agree to an
investigative window of 12-24 hours before taking law enforcement action
against those who claim to be qualified patients or caregivers, by using the
MMAB and/or physicians' database to verify legitimacy and avoid arrest?

4) Benefit Of The Doubt As A Matter Of Policy -- Would you give patients
the benefit of the doubt, for example, in cases where physician paperwork is
incomplete or outdated? Should imperfect paperwork be treated as a
technicality to be fixed, rather than a crime causing arrest, confiscation
of medicine and filing of charges against ill people? Former Sheriff Craver
has explained his policy: when in doubt about compliance, take photos and
samples, not whole plants and not whole gardens.
Allman and Broin said YES to the investigative window of opportunity.
Don Miller said NO, noting that patients have long been put on notice. Their
paperwork should be in order.

5) Canopy Standard, 100 square feet per patient -- Do you support
respecting the canopy standard of 100 square feet per patient, including an
additional 100 square feet for each additinal patient a caregiver is growing
for, without regard to the number of plants or clones?
All three candidates said: YES, that's Vroman's policy.

6) Three Pounds Of Processed Marijuana. We learned the canopy standard
from the federal DEA, based on their own scientific research, which
determined that 100 square feet leaf canopy can be expected to yield about
3.1 pounds of quality marijuana? Would you support increasing the two pounds
of processed marijuana currently allowed by Mendo Guidelines to three
pounds, to be consistent with the amount that can be produced within 100
square feet and to be uniform with neighboring counties (Sonoma, Humboldt)?
All three candidates said they would follow Vroman's policy and that
consistency is important.

A note of levity was introduced into the four-hour meeting when the
candidates were asked if they had ever used marijuana, "whether inhaling or
not." Broin and Miller said they had used. Allman said he had not. The
admissions were rather matter-of-fact. The cops just gave the facts without
fanfare, disavowal, or claim of youthful immaturity. That no one said
anything to disavow the experience (or lack of experience) shows a high
degree of acceptance of marijuana as a viable part of life in Mendocino
County. It is also recognition of cannabis as "a benign herb," as former
Sheriff Craver characterizes it, as compared to aspirin, alcohol, meth and
crack, since there's never been a fatality from marijuana alone.

Sheriff Kevin Broin brought up the question of Tony Craver's endorsement
of Tom Allman. "Allman asked him first so Tony wouldn't go back on his
word," implying that Allman was not really Craver's choice. Craver told the
Medical Marijuana Patients Union that his choice was based on Allman's
willingness to learn because "they all gave me grief in the beginning about
my program." Craver's taped phone call to county residents shows his
endorsement of Allman.

The MMAB's "Good Neighbor Policy," newly drafted by Paula Deeter, was
distributed to the audience for feedback along with a list of ten questions
for the candidates to address. At one point during the debate, Tom Allman
read the "Good Neighbor Policy" out loud with the comment, "That says it
all."
* * *

Good Neighbor Policy
"The intent is one of mutual respect between neighbors; to avoid
adversarial positions whenever possible; to treat others as one would like
to be treated; to keep an open mind and be willing to cooperate with
neighbors as much as possible for the good of the community as a whole.

Ukiah Planning Commissioner and MMAB advisor, Judy Pruden, has also
submitted her draft of Good Neighbor Policy fundamentals, as applied to
cities.
€ Odor, "the most frequent complaint."
€ Height of plants as related to "crimes of opportunity."
€ Setbacks of growing operations five to six feet from property lines.
€ Concentrations in cities.
€ Size and number of plants in "urban growing."
€ Growing for multiple patients.

Pruden's cautionary note: "When no laws have been broken, police should
not be called. It is important that fair-minded objective people serve in a
volunteer capacity to mediate when disputes arise about odors and
operations.

A patient who has the need for marijuana as a medical remedy should
consider speaking to their next door neighbors.

Often people are much more compassionate when they understand the
problem."

By publishing *drafts* of policy ideas on important issues, MMAB is
opening the policy conversation to the public. We are seeking useful and
thoughtful opinions on all aspects of medical marijuana policy, from the
gardensite to the halls of Congress.

In this way, our advisory opinions will be formed and informed by the
public. ¥¥

(Maria Brook, Paula Deeter and Pebbles Trippet are members of the
Medical Marijuana Advisory Board. Pebbles Trippet can be reached at
707/964-YESS)



The Meaning Of The Sheriff's Debate
by Maria Brook, Paula Deeter & Pebbles Trippet

The Medical Marijuana Debate between Mendocino Sheriff's candidates in
response to questions from the medical cannabis community was upbeat and
educational. Sponsored by the newly formed independent policy group, Medical
Marijuana Advisory Board (MMAB), the four-hour session was videotaped and
two versions were distributed to public TV-MMCET in Willits and Fort Bragg
by Area 101's own video crew.

Tim Blake, proprietor of "Area 101," a rathskellar style sanctuary on
Highway 101 north of Laytonville where the debate took place, said he found
the candidates "forthcoming... and they did a good job in a challenging
situation." He renewed his invitation to the MMAB to establish its office
there, hold advisory board meetings and educational conferences.

If ever there was any misconception that medical cannabis forces are a
fringe element driven by fear of law enforcement without a visible presence,
this debate surely dispelled that stereotype.

Hal Wagenet, County Supervisor representing the Laytonville-Willits
district, called the policy meeting with sheriff's candidates
"unprecedented" and there, in the heart of "medicine-producing" country, he
announced a county-sponsored policy workshop on medical marijuana, projected
for July, to confer with public officials and policymakers in other
"medicine-producing" counties, with the policy goal of connecting "supplier
counties and consumer counties with the dilemma of transportation in
between."

Wagenet is in tune with the needs of the times to initiate such a policy
conference since, under the Third District Appeals Court case, *P v
Urziceanu* (9/12/05), a primary caregiver transporting medical cannabis for
multiple patients is legal with proper documentation and collective
operation. Under SB420, all counties must allow a minimum threshold of
pounds of processed medicine per patient; several counties allow more (Mendo
two, Sonoma three, Humboldt three) . Being able to grow for one
out-of-county patient is an allowed exception in the text. However, that was
pre-*Urziceanu*.

Under *Urziceanu*'s dramatic clarification of Senate Bill 420, the court
has legalized protections for medical cannabis sales, distribution,
transportation, trimming and managing a facility for these same purposes,
provided it is collectively organized and has proper physician documentation
to account for multiple patients. There was no issue of crossing county
lines in *Urziceanu*, because FloraCare was a dispensing coop for medical
consumers.

Qualified patients and primary caregivers are allowed to carry with them
medicine they can legally possess. Transporting up to a pound of medicinal
cannabis anywhere in the state for personal medical use is merely possessing
while traveling, perfectly legal under Senate Bill 420. Obviously, with
"collective cooperative cultivation" as the guiding principle of what's
legally allowed, the limits will expand to fulfill the words of the law and
the needs of the time.

The common ground between cannabis patients and law enforcement is
implementing the law with fair and reasonable policies. The best overall
policy suggestion came from Sheriff's candidate Tom Allman, that is to "move
medical marijuana toward the public health side and away from law
enforcement" and in particular to "hand off medical marijuana compliance
checks to Public Health" as part of a cost-cutting and priorities shift.

The theory is this would free up deputies for other law enforcement
purposes (true crime), decrease the need to hire new deputies and help guide
the priorities shift away from law enforcement toward public health. Why
continue to waste law enforcement's time and why continue to hassle patients
with home compliance visits from cops, if Public Health can run compliance
checks more efficiently, since they are alreaady implementing the state
Medical Marijuana Program and store what medical records exist.

Presumably, in practice this would mean that when inquiries or
complaints come in from the public they would be directed to Public Health
where SB 420 records are kept to determine if there is a "medical grow"
registered at that site as the Sheriff's Department under Tony Craver used
to do. Cutting down on unneccessary paperwork for Sheriffs deputies will
result in a savings of time and money better spent on true safety problems
for law enforcement.

If numerous home visits by law enforcement doing medical marijuana
compliance checks can be avoided and may be unnecessary, why continue
performing them?

*First Inquiries* should go to Public Health's SB 420 program, the
24-hour Physicians' Hotline and the MMAB Inquiry Database.

Kevin Broin, interim sheriff, did not agree with taking deputies off
medical marijuana compliance checks, which he referred to as "public
services." Of course those "public services" can just as well be performed
by the Health department and Broin didn't adequately explain his resistance
to the shift.

The Sheriff's debate discussed nuts and bolts of gardensite guidelines
that both patients and deputies could live with:

1) Physicians' paperwork posted at the door makes deputy entry
unnecessary. *All agreed.*

2) Policy of an Investigative Window for law enforcement and patient
verification purposes. Allow 12-24 hours before taking law enforcement
action against those who claim to be legitimate patients and caregivers, but
may have outdated or incomplete physician paperwork, which can be readily
verified or denied by the doctor in question. *Allman and Broin agreed.
Miller disagreed, saying the paperwork should be in order.*

3) The Benefit-of-the-Doubt is extended to patients and caregivers in
compliance cases involving outdated documentation or other fixable
deficiency. The Craver Medical Marijuana General Order to Deputies, which
Broin signed off on, includes an attitude of giving a patient or caregiver
the benefit of a doubt in borderline situations by taking photographs and
leaf samples as evidence, not whole plants or whole gardens.

4) In light of DA Vroman's replacing plant numbers with a 100 square
foot plant canopy standard to determine quantity limits, we asked the
deputies if they would support increasing the two pounds of "flowering
female" marijuana currently allowed under Mendocino guidelines to three
pounds a) to be consistent with the amount that can be produced within 100
square feet of canopy by accepted research, b) to be consistent with three
pounds allowed in neighboring counties (Sonoma and Humboldt), c) to allow an
amount closer to fulfilling the average patient's medical need. *All three
saw no problem in Vroman increasing quantity guidelines from two to three
pounds. Miller said consistency was important.*

5) Transportation for medical purposes is legal with proper physician
documentation. Under SB420 qualified patients and primary caregivers have
the right to transport (or carry with them) medicine they can legally
possess -- up to eight ounces of personal use medical cannabis anywhere in
the state. The doctor or county can set higher limits which take precedence
over state limits such as M limits of two pounds.

6) This question was never adequately answered: When state and federal
law are in conflict as they are on medical marijuana, which would you uphold
in return of property cases?

Overall, it is refreshing to have such an open exchange of information
between the public and candidates. We left feeling we know more about their
positions and perzonalities. We are grateful they took the time to
particpate in this single issue debate.

Please vote and encourage others to go to polls or send in a ballot.

(Maria Brook, Paula Deeter, and Pebbles Trippet are members of the
Medical Marijuana Advisory Board (MMAB). For information: 707-964-YESS.)
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