(July 3, 2004) -- Less than a month after the City Council voted (motion by Baker, 8-0) to direct city management to return by Sept. 14 with a new policy on the use of medical marijuana, LBPD has put interim changes into effect.
LBPD Public Information Officer Greg Schirmer has confirmed for LBReport.com that henceforth officers will telephone their superiors, request a doctor's order or try locate the patient's doctor...and ask the individual a series of questions pertinent to lawful possession or use of medical marijuana. The officer will also file a report.
The interim policy, implemented pursuant to LBPD Chief Anthony Batts, will be in effect until a new formal policy is adopted, PIO Schirmer said.
The interim policy reflects the Council's directive, changing prior policy in which arrests resulted and determinations were left to a court of law.
In court, the law presumably remains the same: a person possessing or using marijuana for medical purposes has the burden of proving his/her use is legally authorized (the rationale for the prior policy in which the officer didn't make the decision).
Council Directs City Mgr. To Return Within 91 Days With LBPD Policy Ready To Implement on Use of Medical Marijuana