Aggressive marijuana busts prompt protests

Here are a few excerpts from the actual law….not the fantasy law that our local LEO’s prefer:

text of SB 420:

“”SECTION 1. (a) The Legislature finds and declares all of the following:

(1) On November 6, 1996, the people of the State of California enacted the Compassionate Use Act of 1996 (hereafter the act), codified in Section 11362.5 of the Health and Safety Code, in order to allow seriously ill residents of the state, who have the oral or written approval or recommendation of a physician, to use marijuana for medical purposes without fear of criminal liability under Sections 11357 and 11358 of the Health and Safety Code.

(2) However, reports from across the state have revealed problems and uncertainties in the act that have impeded the ability of law enforcement officers to enforce its provisions as the voters intended and, therefore, have prevented qualified patients and designated primary caregivers from obtaining the protections afforded by the act.

(3) Furthermore, the enactment of this law, as well as other recent legislation dealing with pain control, demonstrates that more information is needed to assess the number of individuals across the state who are suffering from serious medical conditions that are not being adequately alleviated through the use of conventional medications.

(4) In addition, the act called upon the state and the federal government to develop a plan for the safe and affordable distribution of marijuana to all patients in medical need thereof.

(b) It is the intent of the Legislature, therefore, to do all of the following:

(1) Clarify the scope of the application of the act and facilitate the prompt identification of qualified patients and their designated primary caregivers in order to avoid unnecessary arrest and prosecution of these individuals and provide needed guidance to law enforcement officers.

(2) Promote uniform and consistent application of the act among the counties within the state.

(3) Enhance the access of patients and caregivers to medical marijuana through collective, cooperative cultivation projects.””

Here’s more:

“”11362.775. Qualified patients, persons with valid identification cards, and the designated primary caregivers of qualified patients and persons with identification cards, who associate within the State of California in order collectively or cooperatively to cultivate marijuana for medical purposes, shall not solely on the basis of that fact be subject to state criminal sanctions under Section 11357, 11358, 11359, 11360, 11366, 11366.5, or 11570.””

There’s also language that states it is a crime to make false medical statements that lead to acquiring a fraudulent medical marijuana recommendation from a physician…..which is exactly what the police did. They broke the law in order to harass people!!!!

Finally, here’s what the AG has to say about collectives:

“””Under California law, medical marijuana patients and primary caregivers may “associate

within the State of California in order collectively or cooperatively to cultivate marijuana for

medical purposes.” (§ 11362.775.) The following guidelines are meant to apply to qualified

patients and primary caregivers who come together to collectively or cooperatively cultivate

physician-recommended marijuana.

A. Business Forms: Any group that is collectively or cooperatively cultivating and

distributing marijuana for medical purposes should be organized and operated in a manner

that ensures the security of the crop and safeguards against diversion for non-medical

purposes. The following are guidelines to help cooperatives and collectives operate within

the law, and to help law enforcement determine whether they are doing so.

1. Statutory Cooperatives: A cooperative must file articles of incorporation

with the state and conduct its business for the mutual benefit of its members.

(Corp. Code, § 12201, 12300.) No business may call itself a “cooperative” (or “coop”)

unless it is properly organized and registered as such a corporation under the

Corporations or Food and Agricultural Code. (Id. at § 12311(b).) Cooperative

corporations are “democratically controlled and are not organized to make a profit

for themselves, as such, or for their members, as such, but primarily for their

members as patrons.” (Id. at § 12201.) The earnings and savings of the business

must be used for the general welfare of its members or equitably distributed to

members in the form of cash, property, credits, or services. (Ibid.) Cooperatives

must follow strict rules on organization, articles, elections, and distribution of

earnings, and must report individual transactions from individual members each

year. (See id. at § 12200, et seq.) Agricultural cooperatives are likewise nonprofit

corporate entities “since they are not organized to make profit for themselves, as

such, or for their members, as such, but only for their members as producers.”

(Food & Agric. Code, § 54033.) Agricultural cooperatives share many

characteristics with consumer cooperatives. (See, e.g., id. at § 54002, et seq.)

Cooperatives should not purchase marijuana from, or sell to, non-members;

instead, they should only provide a means for facilitating or coordinating

transactions between members.

2. Collectives: California law does not define collectives, but the dictionary

defines them as “a business, farm, etc., jointly owned and operated by the members

of a group.” (Random House Unabridged Dictionary; Random House, Inc.

© 2006.) Applying this definition, a collective should be an organization that

merely facilitates the collaborative efforts of patient and caregiver members –

including the allocation of costs and revenues. As such, a collective is not a

statutory entity, but as a practical matter it might have to organize as some form of

business to carry out its activities. The collective should not purchase marijuana

from, or sell to, non-members; instead, it should only provide a means for

facilitating or coordinating transactions between members.””””

“””4. Collectives Should Acquire, Possess, and Distribute Only Lawfully

Cultivated Marijuana: Collectives and cooperatives should acquire marijuana

only from their constituent members, because only marijuana grown by a qualified

patient or his or her primary caregiver may lawfully be transported by, or

distributed to, other members of a collective or cooperative. (§§ 11362.765,

11362.775.) The collective or cooperative may then allocate it to other members of

the group. Nothing allows marijuana to be purchased from outside the collective or

cooperative for distribution to its members. Instead, the cycle should be a closedcircuit

of marijuana cultivation and consumption with no purchases or sales to or

from non-members. To help prevent diversion of medical marijuana to nonmedical

markets, collectives and cooperatives should document each member’s

contribution of labor, resources, or money to the enterprise. They also should track

and record the source of their marijuana.

5. Distribution and Sales to Non-Members are Prohibited: State law

allows primary caregivers to be reimbursed for certain services (including

marijuana cultivation), but nothing allows individuals or groups to sell or distribute

marijuana to non-members. Accordingly, a collective or cooperative may not

distribute medical marijuana to any person who is not a member in good standing

of the organization. A dispensing collective or cooperative may credit its members

for marijuana they provide to the collective, which it may then allocate to other

members. (§ 11362.765(c).) Members also may reimburse the collective or

cooperative for marijuana that has been allocated to them. Any monetary

reimbursement that members provide to the collective or cooperative should only

be an amount necessary to cover overhead costs and operating expenses.

6. Permissible Reimbursements and Allocations: Marijuana grown at a

collective or cooperative for medical purposes may be:

a) Provided free to qualified patients and primary caregivers who are

members of the collective or cooperative;

b) Provided in exchange for services rendered to the entity;

c) Allocated based on fees that are reasonably calculated to cover

overhead costs and operating expenses; or

d) Any combination of the above.”””

This is the law, and the AG’s interpretation of the law.

Contrast this to what local law enforcement does! Marvel at the disconnected fantasy world that they live in! Think about the children’s horror, the destroyed lives and reputations…..

and then re-read the law!

This is a very serious breach of law by the sheriff!!