Pubdate: Fri,  8 Jun 2001
Source: Tahoe Daily Tribune (CA)
Copyright: 2001 Tahoe-Carson Area Newspapers
Contact:  http://www.mapinc.org/media/443
Website: http://www.tahoe.com/tribune/
Author: Don Thompson, Associated Press
Bookmark: http://www.mapinc.org/find?115 (Cannabis - California)
Bookmark: http://www.mapinc.org/ocbc.htm (Oakland Cannabis Court Case)

CALIFORNIA SENATE BUCKS FEDS AND APPROVES MEDICAL MARIJUANA LICENSING

SACRAMENTO, Calif. - Conservative and liberal senators joined Wednesday
to pass a statewide medical marijuana registry that could test the
limits of an adverse U.S. Supreme Court decision last month. 

The measure pits California's landmark medical marijuana law against
last month's U.S. Supreme Court decision that Proposition 215 cannot
supersede federal laws against marijuana distribution. 

Since voters approved the ballot initiative in 1996, eight other states
have passed similar measures, and the Nevada Legislature approved a
medical marijuana bill earlier this week. 

''We need to go forward to force the issue,'' argued conservative Sen.
Maurice Johannessen, a Redding Republican. ''Law enforcement in some
areas has zero tolerance. Law enforcement in other areas says, 'Two
pounds - is that all you have?' - and kicks them loose.'' 

The measure passed the Senate 23-8, reflecting its unusual support by
both medical marijuana advocates and law enforcement officials from
Attorney General Bill Lockyer on down. It now goes to the Assembly. 

Patients and caregivers - those who provide the patients with marijuana
- - would be immune from arrest on state charges if they join the
statewide registry. 

The measure also bars state prosecution of doctors who recommend
marijuana to their patients, and allows caregivers to cultivate
marijuana cooperatively for medical purposes under the auspices of the
state Department of Health Services. Distribution by such marijuana
clubs was specifically outlawed by the Supreme Court decision. 

Law enforcement organizations said they want an easily verifiable,
uniform, statewide registry so they don't waste time and money charging
a legitimate medical marijuana user who will go free under California
law. Supporters said California has had difficulty enacting its law to
date because of the conflict with federal statutes. 

Johannessen joined with the bill's liberal author, Sen. John
Vasconcellos, a Santa Clara Democrat, in backing marijuana's use by
patients with AIDS, anorexia, arthritis, cancer, chronic pain, glaucoma,
multiple sclerosis, epilepsy and other chronic conditions, despite the
Supreme Court's ruling that there is no valid medical use under federal
law. 

''It may have some medical use - we need to identify it,'' argued
Johannessen. ''If (the disease) is terminal, who cares if they become
addicted?'' 

The measure requires county health departments to process the registry
applications to shield them from police, and gives the state Department
of Health Services a year to determine how much marijuana patients and
caregivers should be allowed to possess. The department estimates the
registry would cost $2.2 million a year to maintain. 

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On the Net: Read SB187 on the Web at http://www.sen.ca.gov
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MAP posted-by: Doc-Hawk