Hopes of Medicinal Marijuana Backers Buoyed

Ventura County prosecutors have agreed to consider a proposal from medicinal marijuana advocates who want to establish guidelines for the growth and distribution of marijuana for qualified patients.

But at the same time, Chief Assistant Dist. Atty. Greg Totten said Thursday the issue is so broad and complex that it may need to be dealt with at the state level.

“What we have told them is, ‘If you want to come up with some standards . . . we will look at them,’ ” Totten said.

But “I think it is still our view,” he added, “that in terms of those issues, it is most appropriately based at the state level. There needs to be some effort to address this in a uniform way throughout the state.”

California passed an initiative in November 1996 allowing patients to grow and use marijuana--with a doctor’s recommendation--to relieve symptoms of illnesses, such as AIDS and cancer.

But Proposition 215 established no distribution system and set no guidelines on how much marijuana a patient could grow.

As a result, law enforcement agencies and medicinal marijuana users have clashed over what constitutes an appropriate amount of marijuana for personal use.

A Simi Valley man was arrested at his home in May 1998 for possessing 13 pot plants. Charges were later dropped against Rex Dean Jones, 63, who had a doctor’s recommendation to use marijuana to treat symptoms of diabetes, high blood pressure and migraine headaches.

But prosecutors are pursuing felony charges against a Camarillo couple, Lisa and Craig Schwarz, who were arrested in July after deputies seized 68 pot plants from their home.

Although Lisa Schwarz, 43, produced a doctor’s recommendation for marijuana to treat a neurological disorder, narcotics officers said she had too many plants for personal use. She was charged with cultivation of marijuana with intent to sell and other charges.

Ventura attorney Michael Mehas represents Lisa Schwarz and is one of two lawyers representing Jones in a civil lawsuit against the Simi Valley Police Department. Mehas says those cases illustrate the need for patients’ guidelines.

Last month Mehas approached Senior Deputy Dist. Atty. Mitch Disney, who is handling a third medicinal marijuana case, about creating such guidelines. Disney indicated his office was willing to take a look at a proposal.

Mehas is hopeful Dist. Atty. Michael D. Bradbury will adopt local standards to clarify inconsistencies in the law for both police and patients in Ventura County.

“I am very encouraged because Mr. Bradbury and Mr. Disney have said patients can grow, but need some guidelines,” Mehas said. “I am still putting that proposal together.”

But Totten on Thursday cautioned the issue may need to be addressed through additional legislation in Sacramento--rather than a local policy.

Last year, a task force appointed by the attorney general recommended the state develop regulations on the growth and distribution of medicinal marijuana. A bill recommending the state Health Department conduct hearings to decide how much marijuana a patient can possess was introduced, but never reached the governor’s desk.

“It is a difficult issue,” Totten said. “There is wide disagreement between health officials, law enforcement officials and medicinal marijuana patients.”

And while he is open to suggestions, Totten said his office may decide to hold off on any new policies until statewide guidelines can be established.