Drug Law Enforcement

* Re “Police Bring Pot Luck to Marijuana Plant Grower,” Oct. 25.

On Oct. 20, Ventura County sheriff’s deputies arrested a resident of Moorpark for cultivating marijuana at her residence. Although there were different ways to handle this case, the arrest was perfectly legal given the information the deputies had at that time.

After further review and recognizing that she may have a reasonable claim that the 18-inch marijuana plant was grown for medicinal purposes, which would make prosecution unlikely under Proposition 215, a decision was made not to press charges.

Based on knowledge of the highly publicized Andrea Nagy cases, in which both Ventura and Los Angeles counties were unsuccessful in prosecuting for technical violations of Proposition 215 and in one case compelled to return 91 marijuana plants, a member of our staff made the decision to return the plant. This action drew considerable media attention, and some drew the erroneous conclusion that this decision originated from my office, or reflected a change in departmental policy.

A review of the decision reveals that because the suspect was in technical violation of the law by not having a prescription, the return of the plant was a good-faith decision not reflecting the department’s philosophy toward contraband. Our review also confirms that the decision not to pursue charges was appropriate based on the circumstances and the vague language of Proposition 215.

It remains the policy of this department to strictly enforce all drug laws, which includes retaining or destroying all controlled substances except when their return is required by the courts. In the Moorpark incident, the fact that we believed that the plant was being grown for medicinal purposes and would have to be eventually returned did not justify its premature release.

As sheriff, I remain steadfast in the fight against illegal drugs, as evidenced by this year’s eradication of more than 40 tons of marijuana and the destruction of part of a Mexican drug cartel. I am troubled by the fact that the interpretations and lack of prosecuting standards regarding the enforcement of Proposition 215 create a loophole for commercial cultivation and recreational use.

I am also opposed to Proposition 36, which, under the guise of treatment, further decriminalizes drug use and undermines currently effective treatment options.

Do not confuse the regrettable release of one small plant as a weakening of our resolve to enforce the law and keep illegal drugs out of our neighborhoods.

BOB BROOKS

Ventura County sheriff