Pubdate: Tue, 06 Nov 2001 Source: San Francisco Chronicle (CA) Copyright: 2001 Hearst Communications Inc. Contact: http://www.sfgate.com/chronicle/ Details: http://www.mapinc.org/media/388 Author: Rachel Gordon, Chronicle Staff Writer PROPOSAL FOR MEDICAL POT SANCTUARY Leno Wants S.F. To Make Declaration, Even If Only Symbolic San Francisco would become an official -- but symbolic -- "sanctuary" for the use, cultivation and distribution of medical marijuana under a plan proposed yesterday. The proposal by Supervisor Mark Leno came after the federal Drug Enforcement Administration recently busted two medical marijuana clubs in California. Leno's legislation would declare San Francisco a medical marijuana sanctuary and urge local, state and federal law enforcement officials to refrain from enforcing and prosecuting anti-drug laws against those using, growing or selling pot for medical reasons. Leno said his plan merely reflects the will of the people. Since 1972, San Franciscans have voted on numerous measures in support of medical marijuana, most recently in 1996 when Proposition 215, the Compassionate Use Act, was approved by voters statewide. The Board of Supervisors has enacted several other measures, including the creation of a special Health Department identification card for medical pot users that they can show local police officers if they're caught with the substance. San Francisco officers look the other way if someone can substantiate that their possession of marijuana is for legitimate medical use, said Police Chief Fred Lau. "We're very compassionate," he said. District Attorney Terence Hallinan, San Francisco's chief prosecutor, said the sanctuary idea was a good one. "Everyone here is totally in fear," Hallinan said of the renewed interest in the pot clubs by federal authorities. "If nothing else, we want to give people reassurance that we're not just going to stand by." During a rally on the steps of the Hall of Justice yesterday, Hallinan had a message for the federal drug cops: "Lay off our marijuana clubs." The response from local DEA officials: Don't count on it. "Possession, cultivation and distribution of marijuana is illegal under federal law -- regardless of any state or local law," said Richard Meyer, spokesman for the DEA's San Francisco field division. "Our job is to enforce federal law, and we will." In recent weeks, the DEA raided the Los Angeles Cannabis Resource Center in West Hollywood and the California Medical Research Center in the town of Cool in the Sierra foothills. Agents seized pot plants and patient records. Meyer wouldn't discuss if or when federal authorities plan to move against clubs in the Bay Area, which number about 20. There are 13 clubs and cooperatives operating in the city alone, Hallinan said. Three years ago, Oakland tried a novel approach by declaring a medical marijuana club a city agency that could officially distribute pot for medicinal use. After the city approved the ordinance, federal authorities shut down the club. The closure was upheld by the federal courts, but the case is pending before the U.S. Supreme Court. Leno acknowledged his measure is little more than symbolic. However, he said, he wants to once again put San Francisco's position on the record. Neither he nor Meyer knew of any other city that had declared itself a medicinal marijuana sanctuary. The Board of Supervisors must still vote on Leno's only-in-San Francisco legislation before it goes to Mayor Willie Brown for consideration. "My concern is for the health and well being of the many San Franciscans who depend on safe access to medical cannabis," Leno said. One of those people is Wayne Justmann, a medical marijuana activist and user who runs the San Francisco Patients Resource Center. The club in the Western Addition sells pot to about 325 physician-certified patients a day. Justmann has HIV and uses marijuana to help spur his appetite. "A lot of us are worried about what's happening in other counties, so I'm glad San Francisco is looking at creating a sanctuary," he said. San Francisco's proposed law will offer people some comfort, he said, as much "as any citizen in violation of federal law can have." - --- MAP posted-by: Richard Lake