The Gilbert PD may deal with suspected illegal marijuana swiftly, not efficiently.
Knowing that the suspect was only in possession of nearly two ounces of cannabis, after a DirectTV worker saw marijuana and hashish inside a bedroom closet of Ross Taylor’s Gilbert home during the installation process of a satellite dish, 12 Gilbert police officers wearing masks and riot gear busted into his house and took his medical Cannabis.
The homeowner, Ross Taylor, is a card-carrying patient under Arizona’s new medical-marijuana law, which allows people to qualify to possess up to 2 1/2 ounces of pot legally. He’s also the owner of Cannabis Patient Screening Centers, a new patient-doctor clinic for medical marijuana therapy.
After handcuffing Taylor and his wife, the cops served a search warrant on the home and found two ounces of marijuana a small amount of hash. Police seized the patients “medicine” and some paraphernalia from an upstairs closet, even though the total weight of the cannabis was under the legal threshhold, then told Taylor he’ll probably be hearing from the prosecutor’s office about criminal charges.
Sergeant Bill Balafas, Gilbert PD spokesman, tells New Times that because Taylor bought the marijuana from another person, as opposed to growing it himself, the possession wasn’t legal despite his status as a patient.
According to Balafas, Gilbert’s drug-enforcement squad received information that Taylor had an ounce of marijuana in his home. Police had no idea Taylor owned a medical-marijuana company or that he had a valid registration card, Balafas says.
The Police went through the trouble of drafting a search warrant and having it signed by a judge, but apparently they didn’t bother to check in with the state Department of Health Services to find out if Taylor was in the patient registry, which he was.
Before the raid, police cut-off the power and water to the home, so the Taylors wouldn’t be able to flush away such a small quantity before being able to get everyone secured in cuffs. So, they banged on the door, yelling that they had a search warrant and Taylor says, he let them in.
Taylor, who’s from Phoenix but has lived for the last couple of years in Prescott, had just obtained title on his new Gilbert home the week before and was in the process of moving in.
Kevin Anderson, a manager with All My Sons Moving and Storage, says three of his employees were handcuffed after the cops — some with shields and holding shotguns — came in with the announcement that they were the “SWAT” team. The three movers were detained for about an hour until cops let them go, Anderson says.
Taylor informed the officers that he’d purchased his medication from another qualified patient, and police told him that means he wasn’t legally in possession of the medicinal cannabis.
We also believe, based on a reading of the law and interviews in the last few months with state officials and advocates of the law, that qualified patients can legally possess up to 2 1/2 ounces of cannabis no matter where it came from. According to Arizona statute:
A. There is a presumption that a qualifying patient or designated caregiver is engaged in the medical use of marijuana pursuant to this chapter.
1. The presumption exists if the qualifying patient or designated caregiver:
(a) Is in possession of a registry identification card.
(b) Is in possession of an amount of marijuana that does not exceed the allowable amount of marijuana.
The state DHS also weighs in on this issue in its FAQs about the law:
Q: Where can I legally buy marijuana if I am a qualifying patient?
A: Qualifying patients can obtain medical marijuana from a dispensary, the qualifying patient’s designated caregiver, another qualifying patient, or, if authorized to cultivate, from home cultivation.
“The hashish isn’t mentioned at all in the law,” says spokesman Bill Balafas, “so it’s always illegal.” (This has not been ruled to be correct, because hashish is in-fact only cannabis plant extract.
In the end, police seized his meds but Taylor didn’t end-up going to jail, but prosecutors could file charges weeks or months later, if they feel like it.
For now, the East Valley town just might be one place for qualified medical-marijuana patients to avoid.