Federal pot policy welcomed along North Coast

North Coast law enforcement and medicinal marijuana advocates praised new federal guidelines on prosecutions of patients and suppliers, saying they reflect reality and mirror California law.

The policy announced Monday by the Obama administration is a significant departure from practices of the Bush administration, which insisted on enforcement of federal marijuana possession and cultivation laws, regardless of state laws. It means that in 14 states, including California, people with permission from a physician to use marijuana, such as for chronic pain alleviation, will not be prosecuted if they comply with state regulations. It also applies to groups cultivating and purchasing marijuana for medicinal purposed

District Attorney Stephen Passalacqua said Monday that his prosecutors welcomed the change because it standardizes federal, state and local practices. However, he also warned that the change does not mean marijuana cases that involve violence, money laundering or sales to minors will be ignored.

"There has been a difference in state law and federal policy, so this is welcome news because it respects the medical marijuana laws of California and it mirrors what we are doing in Sonoma County," Passalacqua said.

Mendocino County District Attorney Meredith Lintott said she does not expect the policy to make much difference to residents in that county because federal officials have largely confined their activities to the larger pot production cases that also are illegal in the state.

"We still proceed the way we have all along," she said.

Medicinal marijuana advocates hailed the change because it appears that patients and suppliers will no longer be targeted, as long as personal possession limits are not exceeded and as long as dispensaries adhere to local regulations governing limits on hand.

"All this time, we have run the risk of being raided," said John Sugg, manager of the Sonoma Patient Group on Cleveland Avenue, which he said has about 2,700 members. "We are happy about the political changes that are occurring."

Sugg recalled having worked at a dispensary that was raided in 2002, an experience that he remains convinced was an unwarranted provocation by police.

"I still worry that they can still raid some dispensaries and justify their actions with the excuse that they suspect money laundering," Sugg said.

At Peace in Medicine, which operates two medicinal marijuana collectives in Sebastopol, executive director Robert Jacob said "the bulletin boards and the blogs were on fire with the news."

Jacob said the change in federal policy "should make city councils more comfortable in their communities" as medical marijuana collectives and cooperatives look for sites to open.

In Sonoma County, there are five medical marijuana cooperatives licensed by local authorities: two in Sebastopol, one in Santa Rosa, one on Todd Road in the unincorporated area and one in Guerneville.

"It definitely puts more clarity on the issue," Jacob said. "If you operate under local regulations and if you are not taking part in illegal activity, then you are not be prosecuted."

Mendocino County activists also were pleased, although they don't expect big changes in how cases are prosecuted.

"It's hopefully a first step toward federal acceptance of medical use," said Jim Hill, a member of the Mendocino Medical Marijauna Advisory Board. "It's progress and it will help patients have safe access."

Sonoma County Sheriff Bill Cogbill said he doubts the policy change will have much effect in Sonoma County because his deputies and federal Drug Enforcement Agents have primarily targeted large growers that are clearly exceeding state and local limits on marijuana plants.

Under the county ordinance, a person with a doctor's permission for medical marijuana may have up to 30 plants and personal possession is limited to three pounds. Under state law, someone with doctor's permission may have up to 12 plants and personal possession is limited to eight ounces.

In addition to those restrictions, collectives and cooperatives for growing and purchasing marijuana are limited to being non-profit, membership-only ventures. Many jurisdictions also limit the amount of marijuana that an outlet can have on hand, an amount usually based on the number of clients it is allowed to serve on a daily basis.

"We won't be going after those in strict compliance, so this does not change anything," Cogbill said. "But we remain vigilant about how medical marijuana use or growing it invites criminal activity such as home invasion robberies. That is not going to change."

Things aren't expected to change in Mendocino County either.

Mendocino County Sheriff Tom Allman said the announcement formalizes what has been de facto federal policy for at least a year.

"This is the way we've understood it all along. I'm not aware of any federal agents who have come into Mendocino County to enforce federal law where state law was being followed," he said.

The guidelines are posted on the Mendocino County Sheriff's website: www.mendocinosheriff.com.