Pubdate: Tue, 14 Oct 2003 Source: Sacramento Bee (CA) Copyright: 2003 The Sacramento Bee Contact: http://www.sacbee.com/ Details: http://www.mapinc.org/media/376 Author: Ed Fletcher, Bee Capitol Bureau Bookmark: http://www.mapinc.org/find?115 (Cannabis - California) Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal) DAVIS SIGNS ADJUNCT TO MEDICAL POT LAW But He Refuses To Legalize The Sale Of Syringes Without A Prescription. Delivering mixed news, outgoing Gov. Gray Davis signed a bill fleshing out the state's medical marijuana law but vetoed a measure that would have let pharmacists sell syringes without prescriptions. Both bills were carried by Sen. John Vasconcellos, D-Santa Clara, and were long sought after by some public health advocates. "He defies analysis by me," Vasconcellos said about Davis, who acted on the legislation Sunday. The state senator said he was "livid" that Davis did not sign the syringe bill but pleased that the governor "finally saw the light" and signed a bill facilitating the legal use of marijuana for chronic medical ailments. In the seven years since voters approved Proposition 215, allowing the medicinal use of marijuana, judges and juries have had final say on what is allowed under the law as "fair use." Some jurisdictions enacted local guidelines, but statewide clarity remained elusive. SB 420, signed by Davis, attempts to clarify the law by creating a state-issued identification card for medical marijuana patients and caregivers, and spells out how much cannabis they can possess and grow. "This is a very good step forward," said Jeff Jones, executive director of the Oakland Cannabis Buyers Collective, which has been at the center of the legal battle over fair-use issues. Under the law, which takes effect Jan. 1, patients or primary caregivers may possess no more than 8 ounces of dried marijuana. Additionally, they may maintain no more than six mature and 12 immature marijuana plants per qualified patient. While the statewide limit is less than allowed by some municipalities, the law allows higher possession limits, if prescribed by doctors, and allows looser local laws to remain in place. Proponents said SB 420 will give police and courts a clear understanding of what is allowed under Proposition 215 and provide peace of mind for chronically ill patients legally using marijuana. The bill was supported by the California District Attorneys Association and numerous health advocacy groups. Opponents said the measure goes beyond what voters approved under Proposition 215 and warned that the ID card system is likely to be abused, leading to more illegal drug use. "The bill includes as 'caregiver' people who do nothing for patients but grow, transport and sell marijuana," the Committee on Moral Concerns wrote in a letter opposing the bill. "It creates a statewide marijuana trafficking network, without adequate safeguards." Meanwhile, Davis vetoed SB 774, which would have let pharmacists sell syringes without prescriptions. Advocates said the bill would have saved lives by reducing needle sharing among intravenous drug users, a key cause in the spread of viruses that cause hepatitis and AIDS. Davis said he rejected the bill and a similar measure last year on the grounds that they would have weakened the oversight built into existing one-for-one needle exchange programs. In his veto message, the outgoing Democratic governor said he was "committed to the underlying goal of the bill" -- reducing the transmission of diseases among injection drug users. Vasconcellos and public health advocates said giving addicts access to clean needles would go a long way toward that goal. The law would have allowed adults to buy and possess up to 30 hypodermic needles. "People are going to die (because of) Gray Davis," said Vasconcellos. California is one of only five states that does not allow needles to be sold without prescriptions. Glenn Backes of the Drug Policy Alliance said HIV infection rates among intravenous drug users drop by 50 percent in states that allow prescription-free syringe sales. "The veto is deadly," Backes said. "I don't see any logical reason for his veto." In other actions this weekend, Davis: * Signed legislation giving regional water boards a greater voice in approving new timber harvesting; * Vetoed a last-minute "gut and amend" bill that would have let rental car companies add a vehicle license fee charge to customers' bills; * Signed a measure allowing President Bush's name to appear on the March 2004 presidential primary ballot. Without the exemption, the state Republican Party convention this year would have come too late for Bush to appear on the March ballot. - --- MAP posted-by: Jay Bergstrom