DEFENSE ATTORNEY TALKS POT AND POLITICS

Michael Rooney

Defense attorney Michael Rooney has been practicing law in Northern
California since moving here from Nevada in 1997. Before practicing
in Chico, Rooney was the chief public defender in Amador County, as
well as being assigned to the Mono-Inyo drug task force. According to
his website, Rooney has won more 95 percent of his criminal cases,
including many related to Proposition 215. He describes the marijuana
issue as being in a "state of quagmire." This is mainly because of
the nebulous concepts used by collectives and growers, he states, but
can be fixed by sound legal advice.

Do you think District Attorney Mike Ramsey's strict and narrow
interpretation of Prop 215 has helped or hindered Butte County?

The law was written with the intention of being slightly ambiguous.
The Second Amendment states that we have the right to bear arms, but
does that give someone the right to buy six nuclear missiles? The
same concept can apply to Prop. 215. At least he has written
guidelines that he has been open about and consistent with to his
constituents, and I think that could be positive.

Your website states that, "staying within the grow limits and other
local guidelines is not always sufficient protection from arrest on
felony charges." Why is that?

Despite the state laws and local guidelines, it can still be against
the law [federally]. Some people think that if a doctor prescribes X
amount of cannabis, it may be construed as legal. That's where people
can get in trouble.

What would you see as a better solution: legalization or decriminalization?

Legalization has the benefit of helping stimulate the economy. I
believe taking the monetary incentive out will help reduce the
violence surrounding the issue.

Would you say that this is a difficult county to live in as a
medical-marijuana patient?

No, there are guidelines for them to follow. As for growers, Butte
County, along with other local counties, are more than happy to do
compliance checks with law enforcement officials and defense
attorneys to help ensure they are following the guidelines.

What is the greatest challenge when presenting Prop. 215 cases in a
federal court?

The draconian law itself and mandatory minimum sentences. It can be
very easy for someone to be sentenced for 10 years for a crime the
state of California would only sentence for three years. That's a big
difference that can be tough to negotiate.