Medical pot on campus abused

By Lindsey Hart

When Santa Clara Police arrested a student for smoking pot in Graham Hall this October, they found a scale, a cooler filled with bags of marijuana and a medical "cannabis" card.

The seller, who police say sold a grand worth of pot to other students, is currently facing felony possession charges.

In another example, a licensed student "caregiver" on campus says he can buy marijuana for his roommate even though that roommate is abroad.

Such cases highlight the confusion surrounding the California medical marijuana law, which was designed to exempt individuals with chronic illness from some state drug laws. But law enforcement officials complain that the law is being widely abused.

"The way this has been set up, it's just being horribly abused. I'm highly suspect of it," says Sgt. Todd Cummins, the narcotics unit supervisor for Santa Clara police. "Every single person I have arrested as a 'caregiver' has been a drug dealer."

He believes there truly are ill individuals whose pain can only be comforted by the use of medical marijuana, "but I haven't met them yet."

And at Santa Clara, school officials are struggling to come up with a policy that balances students' privacy rights with a law that effectively allows some students to legally get high.

The arrested student, who spoke with The Santa Clara on the condition of anonymity, had sold "approximately $1,000 of marijuana to students since the beginning of school," the arresting officer wrote in an SCPD Incident Report. The student was charged with one felony count of possession for sale of marijuana in California Superior Court.

Proposition 215, also known as the Compassionate Use Act of 1996, exempts seriously and terminally ill patients and their caregivers from criminal penalties for medical marijuana use by presenting a "cannabis card." Legal protections also apply to possession or cultivation.

But if a student claims he or she has a legitimate health use for marijuana, the university says it will turn over the student and evidence to local police.

University policy prohibits the unlawful possession, use or distribution of illicit drugs and alcohol on Santa Clara property.

"We're not going to get involved in making that determination" if the marijuana is legal, Campus Safety Director Charlie Arolla said.

When questioned further about cases of medical marijuana use on campus, Dean for Student Life Jeanne Rosenberger said she couldn't provide any details, citing the federal Family Educational Rights and Privacy Act.

If a student claims to be protected, he or she must present the necessary documents from a physician indicating that he or she is under that physician's care and that the prescription for medical marijuana is legitimate. He or she must also verify they are a resident of California. Patients suffering from chronic illnesses from cancer and AIDS to arthritis and glaucoma are protected.

Since California passed Proposition 215, nine other states have passed legislation legalizing medical marijuana use. But it is still illegal according to federal law, regardless of its purpose.

Marijuana is the most commonly used illicit drug, according to the federal National Institute on Drug Abuse. The government says that 83 million Americans have tried pot, as of 2001. As of 2002, about 3 million use it on a daily basis.

Tod Mikuriya, a physician with a private practice in Berkeley, said he prescribes marijuana to "patients with chronic illnesses, but not for anything trivial."

However, presenting documentation does not guarantee that a patient will not be cited, authorities say. Even if an individual presents a cannabis card, "it doesn't mean the marijuana won't be seized or he might be arrested," Cummins said.

But the problem doesn't arise with producing documentation, some health experts say. Rather, it's the lack of procedures local law enforcement has when approaching medical marijuana patients.

"The shocking thing we find is that most police departments don't have written policies," Mikuriya said. This contributes to the grief of patients and caregivers, he said.

Proposition 215 does not specify any limits on the amount of marijuana a medical user can possess.

Rosenberger fears the reaction of some students who are getting in trouble for smoking marijuana while they may see others who are allowed to smoke without consequences. "There's a huge educational piece that will need to go along with our new policy," Rosenberger said.

This will include informing students on what the law says, what the policy is and what implications it has for Santa Clara.

Administrators have considered asking students who qualify under Proposition 215 to inform university authorities, specifically physicians and Campus Safety, of their situation, to make it easier on the student.

"In this case we've had a discussion and the question was the eventuality that a student would have this," Rosenberger said. "We'll continue the conversation to surface the issues, but until we have a case that is presented, everything will be hypothetical," meaning that when a student claims protection under Proposition 215, administrators will deal with each individual on a case-by-case basis.

Police seem equally unsure how to proceed. "This is a very unique situation of law right now," Lt. Jim Buchanan, a Santa Clara Police Department spokesman, said.

How to become legal

Generally, a patient with a cannabis user identification card chooses a caregiver who is granted the same legal benefits as the patient for purchasing and cultivating marijuana.

Mikuriya said as far as he is concerned, his office does not require a thorough background check on the potential caregiver. Because this practice is so new, he said, "You're making up your own rules as you go."

One student, who asked not to be named, says he can buy "unlimited amounts" for his roommate as a registered caregiver. His roommate, however, is currently studying abroad.

"It pretty much says it's for him on paperwork. It's kind of hard to keep track of where everyone is. I do think at this point they are too liberal with the cards," he said, who said neither he nor his roommate had a problem getting a card.

To become a caregiver, this student and his roommate went to the Department of Public Health in San Francisco, presented the necessary documents from the patient's physician, personal identification and signed a form indicating that the patient wishes his roommate to be his caregiver.

Potential misuse by caregivers adds to the difficulty university administrators face when creating a drug policy that incorporates students qualifying under Proposition 215.

The Counseling Center, Cowell Student Health Center, the Office of Student Life and Campus Safety convene every few weeks to surface current issues affecting students and campus life, including ballot measures such as Proposition 215.

While possession and use of marijuana for medicinal purposes is legal according to California state law, other factors, such as a Santa Clara city ordinance that prohibits smoking within 25 feet of a building, present further complications.

The ordinance, however, doesn't stop legalized users from possessing or growing their own marijuana.

"The challenge with marijuana is that as a substance it's illegal virtually every place except in California, except under these circumstances," Rosenberger said.

For medical marijuana users, police stress the importance of carrying around the important documentation whenever using or in possession of medical marijuana. They say it will lessen the burden on both the individual and the law enforcement officer in determining the legality of the marijuana.

* Liz Weeker contributed reporting for this article.̢۬* Contact Lindsey Hart at (408) 554-4546 or lmhart@scu.edu.