Jim Finnel
Fallen Cannabis Warrior & Ex News Moderator
With state health officials still designing rules to regulate the cultivation, distribution and possession of medical marijuana, police departments in Arizona say there is little they can do to prepare to enforce the law until those guidelines are complete.
Until then, police officials are working with local governments to craft zoning laws that prevent clusters of marijuana dispensaries from popping up in the same areas, and they are taking other measured steps to ensure that Arizona does not repeat mistakes other states have made in regulating medical marijuana.
Beyond researching the experiences of other states, Arizona law-enforcement agencies are largely silent about what one of the biggest changes in the history of the state's drug laws will mean to officers who have spent careers presuming that anyone smoking pot is breaking the law.
"It's going to be a cultural shift for them to understand the difference between the criminal possession of marijuana and the approved medicinal possession," Tucson police Capt. Mike Gillooly said. "They'll have to work through that training we provide them to make that distinction between the two."
There was an inherent prejudice among Colorado law officers about marijuana when that state first legalized medical marijuana in 2000, said Brian Vicente, a Colorado attorney and executive director of Sensible Colorado, an advocacy organization for medical-marijuana patients. Police often confiscated marijuana and charged legitimate medical-marijuana cardholders, Vicente said.
Kostas Kalaitzidis, a Pinal county attorney's spokesman, said while the new law allows certain legal uses, it does not give carte blanche to illicit marijuana users.
"This new law will allow people to transport or possess small amounts of marijuana based on a permit, but really, that does not really stop us from prosecuting marijuana-related crimes," Kalaitzidis said. "That is an important distinction."
For police and prosecutors in Arizona, the new concept of approved use initially will be put to the test in two areas:
Drugged driving
- What the act says: As with prescription drugs, drivers can be charged with driving under the influence if it is determined that they are impaired. Drivers who have marijuana metabolites in their blood may not be charged with DUI if an officer cannot prove they are impaired.
- What law enforcement says: Some police fear that marijuana cardholders will treat marijuana like drivers treat other prescription drugs. "(Driving under the influence) is going to be OK in the eyes of society because they were (recommended) marijuana," said Sgt. Paul White, a drug-recognition expert with the Maricopa County Sheriff's Office.
- What attorneys say: "A medical-marijuana card just cannot be mistaken for a get-out-of-jail-free card. It's not an excuse to break the law," said Jordan Rose, whose Scottsdale law firm has represented businesses and non-profits that want to participate in the medical-marijuana program.
Rose said the Legislature should determine a standard measurement for marijuana impairment. Colorado lawmakers plan to introduce a similar bill early next year.
Possession
- What the act says: The Arizona Medical Marijuana Act permits licensed physicians to recommend medical marijuana for patients with debilitating medical conditions, including cancer, glaucoma, HIV/AIDS, hepatitis C and Alzheimer's disease. The act shields medical-marijuana patients from arrest for possessing marijuana, as long as they do not have more than the 2 1/2 ounces. It also protects caregivers as long as they do not have more than the allowed amount for up to five qualifying patients.
- What law enforcement says: "If they are (recommended) medical marijuana, they're not going to suffer any consequences," White said. "I think the most concerning thing for law enforcement is going to be the caregivers. They're going to be the ones working with multiple patients." They will possess medical marijuana for each patient, White noted, meaning "we're going to have legal dope dealers."
- What attorneys say: Law enforcement should treat medical-marijuana possession the same way as prescription medication, said Jamal Allen, a marijuana defense attorney in Chandler. Patients should not be charged if they have no more than the allowed amount and they have a valid medical-marijuana card, he said.
The Arizona Department of Health Services' computer system will track how much marijuana each patient has purchased in a two-week period. Dispensaries and law enforcement will be allowed to access the system. If patients have more than 2 1/2 ounces of marijuana on them, patients and the dispensaries they purchased the marijuana from will face charges, Rose said.
Whether police are working through possession charges, allegations of driving under the influence or determining if someone is authorized to grow marijuana on their property, law-enforcement officials say making those decisions will take time for investigators. With many of these situations likely falling to street cops instead of detectives, administrators say the burden could disproportionally fall on law-enforcement personnel who need to be on patrol instead of working through the new law's ambiguities.
Police will have just a small window of time to get up to speed: they must prepare between April, when health officials formalize regulations, and sometime this summer when dispensaries begin distributing marijuana.
"It's something obviously we're going to roll out pretty quick," Gillooly said of training on the new law. "There are some very distinct black-and-white issues and some gray areas that provide some challenges for our officers."
NewsHawk: User: 420 MAGAZINE
Source: azcentral.com
Author: JJ Hensley and Michelle Ye Hee Lee
Copyright: 2010 azcentral.com
Contact: Contacting The Arizona Republic
Website: Arizona police can do little to prepare for state's new pot law
Until then, police officials are working with local governments to craft zoning laws that prevent clusters of marijuana dispensaries from popping up in the same areas, and they are taking other measured steps to ensure that Arizona does not repeat mistakes other states have made in regulating medical marijuana.
Beyond researching the experiences of other states, Arizona law-enforcement agencies are largely silent about what one of the biggest changes in the history of the state's drug laws will mean to officers who have spent careers presuming that anyone smoking pot is breaking the law.
"It's going to be a cultural shift for them to understand the difference between the criminal possession of marijuana and the approved medicinal possession," Tucson police Capt. Mike Gillooly said. "They'll have to work through that training we provide them to make that distinction between the two."
There was an inherent prejudice among Colorado law officers about marijuana when that state first legalized medical marijuana in 2000, said Brian Vicente, a Colorado attorney and executive director of Sensible Colorado, an advocacy organization for medical-marijuana patients. Police often confiscated marijuana and charged legitimate medical-marijuana cardholders, Vicente said.
Kostas Kalaitzidis, a Pinal county attorney's spokesman, said while the new law allows certain legal uses, it does not give carte blanche to illicit marijuana users.
"This new law will allow people to transport or possess small amounts of marijuana based on a permit, but really, that does not really stop us from prosecuting marijuana-related crimes," Kalaitzidis said. "That is an important distinction."
For police and prosecutors in Arizona, the new concept of approved use initially will be put to the test in two areas:
Drugged driving
- What the act says: As with prescription drugs, drivers can be charged with driving under the influence if it is determined that they are impaired. Drivers who have marijuana metabolites in their blood may not be charged with DUI if an officer cannot prove they are impaired.
- What law enforcement says: Some police fear that marijuana cardholders will treat marijuana like drivers treat other prescription drugs. "(Driving under the influence) is going to be OK in the eyes of society because they were (recommended) marijuana," said Sgt. Paul White, a drug-recognition expert with the Maricopa County Sheriff's Office.
- What attorneys say: "A medical-marijuana card just cannot be mistaken for a get-out-of-jail-free card. It's not an excuse to break the law," said Jordan Rose, whose Scottsdale law firm has represented businesses and non-profits that want to participate in the medical-marijuana program.
Rose said the Legislature should determine a standard measurement for marijuana impairment. Colorado lawmakers plan to introduce a similar bill early next year.
Possession
- What the act says: The Arizona Medical Marijuana Act permits licensed physicians to recommend medical marijuana for patients with debilitating medical conditions, including cancer, glaucoma, HIV/AIDS, hepatitis C and Alzheimer's disease. The act shields medical-marijuana patients from arrest for possessing marijuana, as long as they do not have more than the 2 1/2 ounces. It also protects caregivers as long as they do not have more than the allowed amount for up to five qualifying patients.
- What law enforcement says: "If they are (recommended) medical marijuana, they're not going to suffer any consequences," White said. "I think the most concerning thing for law enforcement is going to be the caregivers. They're going to be the ones working with multiple patients." They will possess medical marijuana for each patient, White noted, meaning "we're going to have legal dope dealers."
- What attorneys say: Law enforcement should treat medical-marijuana possession the same way as prescription medication, said Jamal Allen, a marijuana defense attorney in Chandler. Patients should not be charged if they have no more than the allowed amount and they have a valid medical-marijuana card, he said.
The Arizona Department of Health Services' computer system will track how much marijuana each patient has purchased in a two-week period. Dispensaries and law enforcement will be allowed to access the system. If patients have more than 2 1/2 ounces of marijuana on them, patients and the dispensaries they purchased the marijuana from will face charges, Rose said.
Whether police are working through possession charges, allegations of driving under the influence or determining if someone is authorized to grow marijuana on their property, law-enforcement officials say making those decisions will take time for investigators. With many of these situations likely falling to street cops instead of detectives, administrators say the burden could disproportionally fall on law-enforcement personnel who need to be on patrol instead of working through the new law's ambiguities.
Police will have just a small window of time to get up to speed: they must prepare between April, when health officials formalize regulations, and sometime this summer when dispensaries begin distributing marijuana.
"It's something obviously we're going to roll out pretty quick," Gillooly said of training on the new law. "There are some very distinct black-and-white issues and some gray areas that provide some challenges for our officers."
NewsHawk: User: 420 MAGAZINE
Source: azcentral.com
Author: JJ Hensley and Michelle Ye Hee Lee
Copyright: 2010 azcentral.com
Contact: Contacting The Arizona Republic
Website: Arizona police can do little to prepare for state's new pot law
