Your article of Oct. 4, "FBI makes medical marijuana seizures in Lakeport," wasn't quite correct when it said that the voter-approved Proposition 215 allowed for only six to 12 plants, unless local governments or a physician authorizes more.

Proposition 215 contained no limits on medical marijuana, leaving dosage up to the doctor. A legislative action, SB 420, imposed the limits you name along with a voluntary ID card program. Since the California Constitution (Article 2, Section 10) rules that a voter mandate cannot be changed by a mere legislative action, it is legally arguable that only those who sign up for the state ID program are bound by SB 420 limits.

What has held up in court, based on Drug Enforcement Administration yield studies, is 100 square feet of plant canopy per patient. The federal government continues to provide six pounds or more yearly to several patients in Investigational New Drug program, begun in the 1970s.

In any case, why is the FBI enforcing California state law?

Ellen Komp is with the Civil Liberties Monitoring Project in Redway, www.civilliberties.org.

{mos_sb_discuss:4}