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Old 02-02-2009, 05:21 PM
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Default Medical Pot Policy Needs Change

Not everyone in San Bernardino was saddened by the news of Sheriff Gary Penrod's retirement. In particular, suffering patients who rely on medical marijuana are relieved to see Penrod step down.

Although California law has allowed patients to use marijuana in accordance with their doctors' recommendation for more than 12 years, Penrod has consistently instructed deputies to ignore that law.

Penrod's justification was that his department couldn't follow the state's voter-approved medical marijuana law because of an obligation to enforce federal law, which prohibits all marijuana use.

This might sound reasonable to someone who skipped his or her high school civics class - but to the rest of us it's completely absurd.

In December, the United States Supreme Court declined to take up an appeal to a lower court ruling affirming that when it comes to California's medical marijuana law, "it is not the job of the local police to enforce the federal drug laws ."

Sheriff Penrod may have liked to hang his hat on federal law, but in practice his deputies generally cite patients with state-level marijuana charges - not federal drug crimes. And, since these cases are tried in state courts bound to recognize the medical marijuana laws, the charges are almost always eventually dismissed.

Crestline medical marijuana patient Scott Bledsoe recently filed a lawsuit against the county for its violation of state law. On the very day the suit was filed, a spokesperson for Sheriff Penrod brazenly told the press that deputies are instructed to arrest anyone in possession of marijuana - regardless of their status under state law.

Besides footing the bill for civil litigation, taxpayers are also paying to have sheriff's deputies arrest seriously ill patients just to have their cases tossed out once a court finds that they weren't breaking the law in the first place.

Does this sound like a responsible policy for a sheriff to follow while the county's budget is strained and its jails overcrowded? Sheriff Gary Penrod thought so. But it's time for a change.

Incoming Sheriff Rod Hoops should end this wasteful, cruel and illegal policy and instead side with the state's more mainstream law-enforcement leaders who understand the senselessness in knowingly arresting law-abiding citizens.

At Tuesday's Board of Supervisors hearing, it was made clear that the budget and jail overcrowding would be Hoops' biggest challenges.

In the words of the soon-to-be sheriff himself, "During these lean economic times, we have to be even more diligent with every dollar we are entrusted with."

Let's hope Sheriff Hoops lives up to these words and stops wasting precious public safety resources arresting law-abiding medical marijuana patients.

http://www.420magazine.com/forums/in...ds-change.html
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