Local law enforcement agencies, similar to many across the state, are treading a more careful path with medical marijuana users since an appellate court decision this year struck down a state law that set specific limits on the amount of marijuana patients can possess.
This month, Murrieta code enforcement and police officers shut down what they described as an illegal medical marijuana dispensary and warehouse growing facility. They did not arrest the operator or seize any marijuana. Instead, they cited him for code enforcement violations.
In Lake Elsinore last week, code enforcement officers cited two storefront medical marijuana dispensaries, one of which was preparing to open and another that was in full swing selling marijuana and a variety of cannabis-containing "edibles."
Both cities have banned dispensaries.
Similar cases involving medical marijuana grows and dispensaries have been playing out in recent months in the Inland area, law enforcement officials and medical marijuana advocates say.
The law regarding medical marijuana already is conflicting and confusing, in no small part because there is no medicinal exception under federal law. If California voters approve a ballot initiative in November legalizing possession of small amounts of marijuana for recreational use, the situation stands to get even more complicated, police said.
Chief Deputy Jerry Williams said the Riverside County Sheriff's Department is waiting till the end of the year to re-evaluate its policy on medical marijuana.
In the meantime, code enforcement has become one of the most effective tools against those suspected of abusing the medical marijuana law, he said.
"We're just being kind of cautious," he said. "We're still enforcing the obvious."
LAW STRUCK DOWN
In 1996, California voters approved Prop. 215, the Compassionate Use Act, which allows a patient to possess or grow marijuana for personal medical purposes with a recommendation from a doctor. About seven years ago, the state Legislature passed a law capping the amount at 8 ounces of dried marijuana and six mature or 12 immature plants, unless a patient has a doctor's recommendation for more.
The appellate court ruled in January that the state did not have the authority to amend the Compassionate Use Act without approval from voters.
"It's a convoluted mess," said Murrieta police Lt. Dennis Vrooman. "It's kind of opened the door for people that are not just in it for medical purposes."
Murrieta police Sgt. Julie Hoxmeier said authorities now are more reluctant to seize marijuana from people claiming to be medicinal users, for fear they could be on the hook for damages if a judge orders the return of perishable marijuana and plants months later.
Temecula resident Martin Victor, a medicinal user who was growing marijuana in his backyard for his co-op, ran afoul of the law in 2008 for having too much marijuana. Sheriff's deputies seized both dried marijuana and plants.
In December, a judge threw out criminal charges against Victor.
Earlier this month, Victor's marijuana was returned -- what was left of it. The dried marijuana was too old to use, Victor said, and the plants, boxed up for more than a year and a half, were a mass of mildew.
Victor and his fellow collective members have sued the Sheriff's Department in connection with the seizure.
Sheriff's Capt. Andre O'Harra, who serves as Temecula police chief, said he could not comment on the Victor case because of the litigation.
SHUT DOWN
In the Murrieta operation targeted this month, an unidentified informant had reported to authorities that the occupants of a business park warehouse were growing marijuana to start a dispensary, Hoxmeier said.
Soon after, police were called out to the Adams Avenue property because of a disturbance involving a former business partner trying to retrieve his belongings, court documents said.
Thomas Wiggins Jr., who leases the space, told officers the building housed a medical marijuana growing operation but declined to allow them to inspect it, court records say.
Officials obtained an inspection warrant from a judge and returned May 6. There was little marijuana to be found, but the space was equipped to grow a large number of plants. Police said unsafe modifications had been made to the ventilation and electrical wiring.
Code enforcement had the electricity to the building shut down, effectively shuttering the operation.
Wiggins was cited for operating a medical marijuana dispensary, operating a business other than what he is licensed for and violating several building, fire and construction codes, court documents say. The fines totaled about $12,000.
Hoxmeier said Wiggins was licensed for retail sale of hydroponic gardening supplies and operating an organic gardening education center.
Reached by phone, Wiggins said city officials' characterization of his operation was inaccurate. Wiggins, a medical marijuana advocate who has lobbied Temecula officials to allow dispensaries, said he was growing marijuana for a licensed dispensary in Palm Springs.
Wiggins said he was surprised to face such costly fines, considering the marijuana plants had been removed by the time officers inspected. Wiggins said he was closing down because of the falling out with his business partner.
Source: The Press-Enterprise
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