Published 9/13/05, Redwood Times

 

TO THE EDITOR:

 

The story you published last week on the new CHP medical marijuana policy contained an error. While the limit on medical marijuana in state law SB420 is 8 ounces, CHP policy states: "The state (SB420) limit of eight ounces does not apply if there is a higher limit in the locality in which the individual is stopped. Authorized local limits SUPERCEDE the state limit." (HPM 100.69, 1-18, see http://www.safeaccessnow.org/downloads/CHP_policy_update.pdf).

 

On July 13, 2004, the Humboldt County Board of Supervisors unanimously approved a medical marijuana ordinance allowing 3 lbs. of dried marijuana per patient. So, in Humboldt county, patients by law can transport that amount, but should be warned that they will be subject to local limits when traveling to other counties. Medical marijuana patients and caregivers carrying more than local limits will have all their marijuana seized under the CHP policy, although a motion can be filed in court for return of property.

 

It should be stressed that SB420's ID card program is voluntary and that Proposition 215, enacted by the voters of California in 1996, contained no ID card provisions. The California Department of Health warns patients when they sign up for ID cards that their information could be turned over to the federal government upon demand. Medical marijuana is still illegal under federal law. 

 

If presented with a doctors' recommendation, CHP officers are instructed to "use sound professional judgment to determine the validity of the person's medical claim" and if the officer reasonably believes the medical claim is valid, and the individual is within the state/local limits, the individual is to be released and the marijuana is not to be seized. Patients are advised that their doctors’ recommendations should contain a phone number so that their medical exemption can be validated.

 

In addition, your story about CAMP contained unsubstantiated statements linking marijuana growing with methamphetamine, cocaine and heroin distribution, using inflammatory language like “drug lords” and “cartels.” In many recent cases around the state, officials have presumed rather than presented evidence of this and I urge you to investigate further before printing more of these claims.

 

Sincerely,

 

Ellen Komp

Civil Liberties Monitoring Project

PO Box 544

Redway, CA 95560

707-923-4646

www.civilliberties.org