SACRAMENTO — California law enforcement and cannabis organizations have voiced support for a bill related to marijuana that recently gained unanimous passage out of the Senate Public Safety Committee.
Senate Bill (SB) 1193, by Senator Noreen Evans (D ? Santa Rosa), would reduce the quantity of seized marijuana that a law enforcement agency must keep in its possession from 10 pounds to two pounds, and allows for the defense of the accused to inspect the property before the destruction.
“Representing medical marijuana providers, our association is impressed by Senator Evans” ability to craft a bill that simultaneously promotes the health of peace officers, the evidentiary rights of defendants and the property rights of bona-fide medical marijuana patients,” Nate Bradley, executive director of California Cannabis Industry Association, said.
Both the Peace Officers Research Association of California (PORAC) and the Drug Policy Alliance also testified in support of the legislation. Additionally, the bill received bipartisan support from committee members.
“This bill serves the dual purposes of assisting law enforcement at a practical level with marijuana storage and securing the rights of individuals who are following the law,” Evans said. “It”s not too often we have the collaboration of peace officers and the medical marijuana industry on legislation. Clearly, this bill is a solution that reflects good policy for California as we come to terms with some of the more practical and logistical concerns of medical marijuana in the state.”
Current law requires law enforcement agencies to retain as evidence 10 pounds of confiscated marijuana, along with five random samples.
Many sheriffs” departments, particularly in rural Northern California counties, have found the storage of the 10 pound requirement burdensome in two ways, according to Teala Schaff, communications director for the office of Evans.
“First, the storage space alone is troublesome and expensive,” Schaff stated. “Second, peace officers working in evidence facilities may be subject to unknown pesticides and chemicals used in illegal grows, in addition to the likelihood of evidence spoiling, creating molds and mildews posing further health risks.”
SB 1193 further clarifies that upon dismissal or acquittal in a case where medical marijuana property has been destroyed, a defendant is entitled to reasonable compensation for his or her property.
“This is a solid public policy that respects the health and safety of law enforcement officers while respecting the rights of individuals who follow California”s medical marijuana laws,” Senior Deputy Mike Durant, PORAC president, said. “This bill represents a practical and logical solution to the realistic issues agencies across the state face daily.”
The bill next moves to the Senate Appropriations Committee for consideration.
