Medical Marijuana

By Erik Schlueter

Medical Marijuana has been the law for FIVE years without the D.A. taking any position. Here is how I would implement the law for citizens and law enforcement.

Position of Erik Schlueter
Candidate for District Attorney

Proposition 215 became effective on November 6, 1996. While it provides for a Medicinal Marijuana defense, it does not give any guidelines. The Medical Marijuana Initiative was meant to help those in need of the medical attributes, if any, of marijuana. It was not meant to be a shield to those who commercially grow and sell marijuana as a means of earning money, sometimes at others expense. I personally do not agree with the use of marijuana except by the most seriously ill, but the Compassionate Use Act is the law, and I will enforce it. In order to promote the medical use of marijuana, and to enforce our other marijuana laws, the public is being given the following guidelines which delineate personal possession and possession for sale in EL DORADO COUNTY:

PERSONAL POSSESSION shall be deemed as being in possession at any one time:

One (1) pound of dry, processed marijuana, OR six (6) unharvested plants, OR a combination of the two (not to exceed one pound). (Each plant shall be assigned a value of 2 and 2/3 ounces of dry, processed marijuana).

Any person who possesses more than the above amounts of marijuana will be prosecuted for possession for sale of marijuana, a felony, under the laws of the State of California.

IMPORTANT INFORMATION

In order to be eligible to possess marijuana, a person MUST have a medical doctor's recommendation or prescription for use of marijuana. This recommendation or prescription must be obtained BEFORE possessing any marijuana.

If a person finds that following the harvest of their marijuana, they have more than one pound of processed marijuana, the person can call their local law enforcement agency to collect the excess WITHOUT fear of reprisal or harassment. Providing the excess marijuana to others is illegal and will result in prosecution under the laws of the State of California.WARNING: Possession or cultivation of Marijuana is still illegal under Federal Law. However, any person complying with these directives will not be reported to Federal Authorities by local law enforcement.

Under the laws of California, a prescription is only good for up to one year. Recognizing that medical and other conditions can change, thereby reducing or negating the need for marijuana, those in need of medical marijuana must have their medical doctor review their condition at least once a year. A doctor's prescription or recommendation for medical marijuana must be renewed yearly.

We recognize that every person is different. For some, if not most, one pound of marijuana could last more than one year. For a small minority, one pound may not last one year. If any person feels they have a legitimate need to possess more than one pound of marijuana, they can come to the District Attorney's office and explain that need. If the reasons are found to be legitimate, the Office will issue a "variance" which will entitle the holder to possess the amount stated in the "variance".

The Compassionate Medical Marijuana Act provides that either a patient or his/her primary caregiver can possess marijuana. The code does not provide that either person can sell marijuana. This law is the Compassionate Use Act, not the Compassionate Sales Act. It is not meant to be a shield for profiteering or sales of marijuana. EVERY person who sells marijuana will be prosecuted under the Laws of the State of California. A primary caregiver is a person, designated by a patient, who "has consistently assumed responsibility for the housing, health, or safety" of that patient. A primary caregiver is NOT someone who is merely growing plants for a patient. A primary caregiver does not have authority to sell marijuana to a patient.