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