Pubdate: Sun, 08 Apr 2001
Source: Los Angeles Times (CA)
Copyright: 2001 Los Angeles Times
Contact:  http://www.latimes.com/
Details: http://www.mapinc.org/media/248
Author: Associated Press
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)
Bookmark: http://www.mapinc.org/find?115 (Cannabis - California)

D.A. FACES RECALL VOTE FOR STANCE ON MEDICAL POT

Proposition 215: Marin County Official Says Marijuana Advocates' Portrayal 
Of Her As 'Pot Prosecutor' Is Unfair.

SAN RAFAEL, Calif.--Pot politics have invaded upscale Marin County, with 
the top prosecutor facing recall amid claims she's trampling on 
California's new medical marijuana law.

The May 22 election forced on Marin County Dist. Atty. Paula Kamena is the 
latest salvo in the war over pharmaceutical pot and one that may be 
repeated; organizers have a list of five other county prosecutors they 
would like to turn out of office.

"This could be the start of something," says Chuck Thomas, spokesman for 
the Washington D.C.-based Marijuana Policy Project, which is not involved 
in the Kamena recall but is interested in seeing how it turns out.

At issue is Proposition 215, the law approved by California voters in 1996 
that allows people to use marijuana for pain relief and other medical 
purposes provided they have a note from a doctor saying it will help their 
condition.

Advocates say pot has a host of medical uses, including stimulating 
appetite, crucial for AIDS patients afflicted with wasting syndrome.

Nine states, including California, have authorized the use of medical 
marijuana.

The federal government, however, remains adamant that marijuana has no 
medical use, creating a conflict that has gone all the way to the Supreme 
Court, where justices are considering whether medical necessity trumps the 
federal bans.

Meanwhile, although Proposition 215 clearly allows use of medical 
marijuana, it is vague on where patients can get it, setting no limits and 
saying that individuals or their primary caregivers can grow it.

That has launched spirited debates over how much is too much, and who 
qualifies as a caregiver.

County officials have varied widely in how they approach the issue, with 
some working closely with distribution clubs that sprang up after 
Proposition 215 passed and others taking a harder line.

Kamena said she has been unfairly painted as a pot prosecutor. During her 
first three years as Marin County district attorney, medical marijuana 
cases made up a tiny percentage of her office caseload--73 out of 
30,000--and most were dismissed or ended in plea bargains.

Kamena said she has made her intentions clear by declaring she won't 
prosecute if individuals have no more than six mature or 12 immature plants 
and half a pound of dry marijuana.

But opponents say that, far from being lenient, Kamena's guidelines note 
that federal law makes marijuana contraband and effectively give police a 
license to confiscate whether or not they make arrests.

"Every joint, every gram, every leaf, anything they can get their hands on, 
it's, 'Ha, ha, ha, the D.A. says this is all against federal law,' " says 
Lynette Shaw, director of the Marin Alliance for Medical Marijuana and a 
leader in the recall campaign. "It's been really mean, and it's hurt the 
health of hundreds of people."

The Marin Alliance, based in the small town of Fairfax, still is dispensing 
marijuana under an agreement with town officials, Shaw said.

Kamena says the problem is that Proposition 215 is "very convoluted and 
very complex. It is, in short, a mess. The idea of people who are ill who 
can benefit from marijuana--I don't have an issue with that at all."

"The only people who have any trouble understanding the law is the cops and 
the district attorneys," responds Dennis Peron, who wrote Proposition 215. 
"What it is they don't understand is compassion."

In Marin County, a liberal enclave of stunning views and breathtaking home 
prices just north of the Golden Gate Bridge, Proposition 215 passed with 
73% of the vote.

The recall petition against Kamena was started by parents angry about 
child-custody cases in Marin courts. That drive fizzled, but medical 
marijuana advocates later took up the cause, getting enough signatures to 
force the election, which is expected to cost $500,000.

The wording of the petition remains limited to the child-custody complaint, 
and Tom Van Zandt, a patent attorney and brother of the parent who 
spearheaded the initial drive, is running for the job if Kamena is turned 
out of office.
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