However, Shasta County Sheriff Jim Pope refused to obey, claiming that to do so would violate federal law. After some delay, Sheriff Pope finally called the DEA, who conveniently came to confiscate Levin s pot before it could be returned. The Levins attorney, Eric Berg, filed suit against Sheriff Pope for contempt of court. Article III, Section 3.5 of the California Constitution states that no administrative agency can refuse to enforce a statute on the basis that federal law or regulations prohibit it, absent an appellate court decision to the contrary. However, Superior Court Judge John Letton threw out the contempt charges, ruling that Judge Boeckman s order was not sufficiently specific in mandating a precise time and place for Sheriff Pope to return the pot.
Contempt of court requires a clear, intentional violation of a specific, narrowly drawn court order.
Law Enforcement Proposes Two-Plant Limit Stung by public criticism of his handling of the Levin case, Sheriff Pope joined with the Shasta District Attorney and local police to announce a new county protocol for Prop. 215 enforcement. Law Enforcement Advanced Training Center. Unlike the Task Force bill, the Johannessen bill would also make registration mandatory and impose criminal penalties on non-registered patients, a provision that also apparently violates Prop. 215. Although the Johannessen bill is not expected to pass the Democrat-controlled legislature, the possibility remains that some features of it could be incorporated in the Task Force bill in order to reach a compromise with Gov. Davis, who has embraced the tough law enforcement policies of his Republican predecessor. Meanwhile, in the courts, Prop 215 advocates have been heartened by a growing list of jury acquittals like the Levin case, in which patients have been allowed far more generous quantities of medicine than under the Johannessen guidelines.