Pubdate: Sun, 10 Nov 2002
Source: Boston Globe (MA)
Copyright: 2002 Globe Newspaper Company
Contact:  http://www.boston.com/globe/
Details: http://www.mapinc.org/media/52
Author: Martha Mendoza, Associated Press

PROPONENTS OF EASING MARIJUANA LAWS BRACE FOR LEGAL BATTLES

San Francisco Plan Takes the Forefront

ANAHEIM, Calif. - Stung by the defeat of marijuana law reform measures in 
three states, proponents of decriminalizing the drug are preparing for a 
new round of political and legal battles.

Voters on Tuesday defeated a Nevada measure to legalize possession of up to 
3 ounces of marijuana, an Arizona initiative that would have likened 
marijuana possession to a traffic violation, and a South Dakota initiative 
that would legalize hemp farms.

Several local measures did pass, including resolutions in 19 Massachusetts 
districts asking the state representative to support making marijuana 
possession a civil rather than a criminal violation. But the "crown jewel" 
of marijuana reform laws was passed in San Francisco, authorizing the city 
to make it official policy to explore the establishment of a medical 
marijuana growing and distribution program, said Rob Kampia, executive 
director of the Washington, D.C.-based Marijuana Policy Project.

It is in San Francisco, where the mayor, top prosecutor, and many voters 
support legalizing medical marijuana, that his group's fight will be centered.

"We in hypocrisy-filled, stinkyville Washington, D.C., want to use your 
beautiful city as a beachhead in the drug war," Kampia said.

He joined about 500 marijuana reform advocates in Anaheim during the 
weekend for a three-day conference to regroup after the election and plan 
the next step.

The attendees agreed they have a lot of work to do. Federal drug 
enforcement officials have said the election marked the beginning of the 
end of the legalization movement.

The election was "a stunning victory of common sense over pro-drug 
propaganda," said John P. Walters, director of the Office of National Drug 
Control Policy. He said that from now on, "the tide runs our way."

"Well, I'm up to the challenge," said Kampia. "I say we fight."

The next offensive for the reform movement will take place in several 
different venues, said Kevin Zeese, president of Common Sense for Drug Policy.

Politically, advocates plan to press San Francisco officials to follow 
through on what some considered a somewhat symbolic piece of legislation 
and actually start planting marijuana gardens and giving the drug as 
medicine to sick and dying people.

That would be illegal under federal law, despite state and local laws that 
allow it, Richard Meyer, spokesman for the Drug Enforcement Administration, 
said in San Francisco.

"Whoever cultivates, possesses, or distributes marijuana is breaking 
federal law regardless of intended use," he said. "We'll be conducting 
business as usual." Zeese said such confrontations are necessary. "Part of 
the process is to sharpen the conflict," he said.

Eight states have approved medical marijuana, and 35 states have passed 
legislation recognizing marijuana's medicinal value. But federal law bans 
marijuana under any circumstances. In the past year, DEA agents have raided 
several medical marijuana providers in California, mostly without support 
from local law enforcement.

Shawn Heller, national director of Students for Sensible Drug Policy, which 
has chapters at 200 college and high school campuses, said other local 
initiatives and perhaps another state proposal should be organized.

On the legal front, a federal appeals court ruled last week in San 
Francisco that the government cannot revoke the prescription drug licenses 
of doctors who recommend marijuana to sick patients. During the next few 
months, federal judges in California are expected to hear several more 
cases involving a patient's attempt to use medical marijuana, and in one 
case to retrieve marijuana confiscated in a raid.

Angel McClary Raich, who uses marijuana every two hours to control pain for 
an array of medical problems including an inoperable brain tumor, has a 
case pending in US District Court in Oakland. "I'm fighting for my life, 
but also I'm trying to help other patients," she said. While lawyers and 
advocates are pushing for reform in public venues, a group of doctors has 
been investigating the possible medical benefits of marijuana.
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