Pubdate: Tue, 29 May 2001
Source: Los Angeles Times (CA)
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Author: Eric Bailey, Times Staff Writer

MEDICAL POT BILL AIMS TO CLARIFY USAGE

Drugs: The Legislation Would Form A Patient Registry And Issue Id Cards To 
People Using Marijuana To Lessen Their Pain From Illnesses

SACRAMENTO--Despite a recent U.S. Supreme Court decision striking a blow to 
the medical marijuana movement, legislation is in the works to establish a 
statewide patient registry and set limits on how much pot is enough.

Advocates of medical marijuana will meet Wednesday with lobbyists 
representing law enforcement and physicians to begin wrestling over details 
of the measure sponsored by state Sen. John Vasconcellos (D-Santa Clara).

"You have tens of thousands of patients who have found a substance that 
alleviates their pain," said Bill Zimmerman of Americans for Medical 
Rights, the Santa Monica-based group that pushed medi-pot measures across 
the country. "They're not going to go away because of the Supreme Court 
decision."

The bill is similar to a Vasconcellos measure that stalled two years ago 
after police and district attorneys balked over key details.

Since then, a chorus of prosecutors and other law enforcement officials 
throughout California have called for statewide standards to bring clarity 
to an issue that has caused confusion for beat cops and led to pot patient 
arrests that were later overturned in the courts.

Those pleas by law officers haven't faded since the U.S. Supreme Court 
ruled May 14 on California's Proposition 215, the landmark 1996 medical 
marijuana initiative that spurred similar laws in eight other states.

Though the high court reaffirmed that distribution of pot is illegal under 
federal drug laws, many participants in the California debate say that the 
decision stopped well short of invalidating Proposition 215.

Instead, the court's ruling gives federal officials leeway to go after 
organized clubs that sell marijuana to patients. As a practical matter, 
they say, federal drug agents lack the manpower to arrest or bring charges 
against the thousands of patients now using marijuana as medicine. 
Meanwhile, juries in California's state courts have demonstrated a marked 
resistance to convicting defendants who mount a credible medical marijuana 
defense.

Advocates of medical marijuana have in recent months launched a political 
offensive against prosecutors in several California counties, although the 
first battle--a recall campaign against the district attorney in Marin 
County--failed miserably last Tuesday.

Vasconcellos' bill, SB 187, envisions a computer registry of pot patients 
that could be tapped by police officers after they apprehend a suspect 
claiming a medical need. Patients also would be issued identification cards 
that they could show to law officers.

In addition, the bill calls on state health department officials to 
establish levels for how much pot a qualified patient could have on hand or 
grow in their home for medical use.

Though that framework has been established, "the nuts and bolts of how this 
works" remain to be haggled out in the weeks to come, said Sue North, 
Vasconcellos' chief of staff.

Law enforcement officials appear poised to insist as they did two years ago 
that the registry be mandatory. But medical pot boosters say that 
requirement would be unconstitutional because it might threaten to strip 
unregistered patients of their legal protections in court under Proposition 
215.

"The issues are real difficult," said John Lovell, a lobbyist for several 
law enforcement groups. "But I think everyone who is involved in the 
process would like to see an agreement reached."

Physicians, meanwhile, are opposed to efforts to require that doctors be 
listed in the registry. They fear the possibility that federal prosecutors 
might attempt to use the registry to track down doctors  who have 
recommended marijuana as a medicine.

The bill also could widen a growing rift in the medical marijuana community.

Some hard-liners say that the registry program is simply a bad idea that 
would undermine the sweeping and open-ended spirit of Proposition 215, 
which was designed to ensure that no one who needs pot to cope with an 
illness be denied.

More moderate medi-pot boosters, such as Zimmerman, say that the program 
can work if enough safeguards are provided to ensure patient and physician 
confidentiality.

Zimmerman also would like to see state lawmakers adopt a 
government-sanctioned distribution system. He said the need is greater than 
ever because the Supreme Court ruling may prompt federal law enforcement 
officials to seek the closure of California's few remaining pot clubs.

"There's some jeopardy created to the supply," Zimmerman said. "We're going 
to push for a state distribution system to come online as soon as possible."
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