Pubdate: Sat, 15 Jul 2000
Source: San Diego Union Tribune (CA)
Copyright: 2000 Union-Tribune Publishing Co.
Contact:  PO Box 120191, San Diego, CA, 92112-0191
Fax: (619) 293-1440
Website: http://www.uniontrib.com/
Forum: http://www.uniontrib.com/cgi-bin/WebX
Author: Jessie Seyfer, Associated Press

IDS FOR MEDICAL MARIJUANA ISSUED IN SAN FRANCISCO

Cannabis User Cards Require Doctor's Note; Patients Can Avoid Prosecution

SAN FRANCISCO -- With $25 and a doctor's note, sick people can get an 
official city identification card entitling them to use medicinal 
marijuana, San Francisco's maverick district attorney announced yesterday.

"This represents another stone in the foundation we're building to make 
people recognize that cannabis is a legitimate medicinal agent," Terence 
Hallinan said. "I'm not really worried we won't be able to work things out 
with the federal government."

The program allows patients to avoid local prosecution if caught possessing 
the drug. It is modeled on programs in Mendocino County and Arcata, which 
also pose a direct challenge to federal law.

Californians legalized medical marijuana by approving Proposition 215 in 
1996, but the measure has been entangled in legal disputes since.

San Francisco Health Department officials said their ID card program would 
not have been possible without the influence of Hallinan, who calls himself 
"America's most progressive district attorney."

"When Proposition 215 passed, many prosecutors said they wouldn't enforce 
it," department of public health director Dr. Mitch Katz said. "But things 
are different in San Francisco."

As a prosecutor, Hallinan has refused to carry out the "war on drugs," 
choosing instead to send minor drug offenders to diversion programs. 
Hallinan's stance on pot is shared, however, by a growing number of law 
enforcement officials elsewhere in Northern California, where attitudes 
toward marijuana have a decidedly mellow tone.

The ID program announced yesterday does not address how those in need will 
obtain the drug; it merely shields them from arrest by certifying that 
cardholders have a medical reason to use it.

Doctors sign a form agreeing to monitor the patient's medical condition. 
The cards are good for up to two years. Teen-agers can get them too, with 
approval from their parent or guardian.

"This is a wonderful civics lesson that could only occur in a place like 
San Francisco," San Francisco Assistant Police Chief Prentice Sanders said.

The Office of National Drug Control Policy refused to comment on the San 
Francisco program, but the agency has opposed medical marijuana 
initiatives, considering them to be a back-door route to legalizing marijuana.

"Ballot initiatives to date generally have not limited use of marijuana to 
a small number of terminally ill patients, as most voters envisioned," the 
agency's latest annual report reads. "Rather, they commonly allow marijuana 
to be obtained without prescription and used indefinitely without 
evaluation by a physician."

Also yesterday, a federal judge hinted he may be forced to allow an Oakland 
club to distribute medicinal marijuana because the U.S. Justice Department 
has not rebutted evidence that cannabis is the only effective treatment for 
a large group of seriously ill people.

U.S. District Judge Charles R. Breyer of San Francisco said he would rule 
Monday in the complex case, which deals with the conflict between 
California's medical marijuana initiative and federal drug regulations.

Jane Weirick, who uses marijuana to alleviate pain from a back ailment, 
said the cards "finally give us legitimacy."

"I was taking prescription opiates and was stuck in bed all the time," 
Weirick said. "When I started taking cannabis I was finally able to 
function. It was like night and day."

Voters have approved initiatives legalizing medicinal marijuana use in 
California, Alaska, Arizona, Hawaii, Maine, Nevada, Oregon and Washington 
state. The San Francisco pot ID program has been in operation for a week.

Former Attorney General Dan Lungren had opposed any attempt to carry out 
Proposition 215. But since taking office last year, Attorney General Bill 
Lockyer has shifted the state's position, even standing behind a bill to 
create a statewide pot ID card program.
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MAP posted-by: Jo-D