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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />~ 11 <br />~~~ 12 <br />< W ~ 13 <br />~~ ~~ <br />~~ ~~ 14 <br />~~ <br />~~ ~ 15 <br />~ ~ 16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />8. I have testified in Superior Courts in Orange and Los Angeles Counties on numerous <br />occasions as an expert witness regarding narcotic investigations including use/influence, <br />identification, usable quantity, possession for sales and sales of various controlled substances. <br />9. I maintain a current understanding of trends used by narcotic offenders, as well as <br />investigation and enforcement of narcotic laws by reading books, manuals, articles, reports and <br />training bulletins pertaining to these subjects. I am a Life Time Member of the California <br />Narcotic Officers Association and a member since 1989. <br />10. As the Supervisor of the Anaheim Police Department's Street Narcotic Unit, I <br />prepared reports in support of the City of Anaheim's Medical Marijuana Dispensary Ordinance. <br />11. The contents of my reports provide background information regarding Proposition <br />215, codified as Health and Safety Code § 11362.5 and Senate Bill 420, which clarified the scope <br />of Proposition 215; the availability of marijuana; how other jurisdictions are dealing with the <br />medical marijuana issues; and the impact that medical marijuana is having on the City of <br />Anaheim. <br />PROPOSITION 215 <br />12. Proposition 215, the Compassionate Use Act of 1996 ("CUA"), was approved by <br />California voters with the intent to "ensure seriously ill Californians the right to obtain and use <br />marijuana for medical purposes where that medical use is deemed appropriate and has been <br />recommended by a physician who has determined that the person's health would benefit from <br />the use of marijuana in the treatment of [specified illnesses]." This proposition is codified as <br />Health and Safety Code § 11362.5, and allows personal possession and cultivation of marijuana <br />for medical purposes. This section does not provide the patient with absolute immunity from <br />arrest, but provides limited immunity allowing the patient to raise a medical use defense. <br />Attached as Exhibit 1 is a true and correct copy of Proposition 215, Section 1. <br />13. Senate Bi11420 took effect on January 1, 2004 to clarify the scope of Proposition <br />215, and to allow cities and counties to adopt and enforce rules and regulations regarding the <br />CUA. <br />// <br />- 2 - Decl Opp to OSC Re Preliminary Injunction <br />10 of 36 <br />75A-133 <br />