Pubdate: Sun, 16 Feb 2003
Source: Press Democrat, The (CA)
Contact:  2002 The Press Democrat
Website: http://www.pressdemo.com/
Details: http://www.mapinc.org/media/348
Author: Michael Coit, The Press Democrat
Note: This article is part of a multi-part series which ran in today's 
Press Democrat
Bookmark: http://www.mapinc.org/find?194 (Hutchinson, Asa)
Bookmark: http://www.mapinc.org/find?115 (Cannabis - California)
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)

FEDERAL, STATE LAWS DUEL OVER POT

Marijuana Conflicts Yet To Be Resolved By Legislators

A string of DEA raids across California triggered an exchange of letters 
between state Attorney General Bill Lockyer and Asa Hutchinson, the 
agency's director at the time, highlighting the conflict between state and 
federal marijuana laws.

Lockyer called on Hutchinson to stop what Lockyer described as "punitive 
expeditions whether or not a crime can be successfully prosecuted." He 
charged the agency was going after small cooperatives that met local 
guidelines.

Hutchinson replied that the U.S. Supreme Court ruled marijuana had no 
accepted medical use under federal law and would remain a target under 
federal drug enforcement efforts until Congress changes the law. "The 
landscape's not real friendly right now. That seems to be the price we're 
paying for being open and honest," said Chris Andrian, a Santa Rosa 
attorney who has defended medical marijuana cases and commended local law 
enforcement authorities for approving Sonoma County's guidelines. "We're at 
one of those places where we don't know how things are going to shake out. 
We're caught in this kind of power play that is leaving patients in the 
lurch," he said. "Now they're taking more of a chance." California and 
Arizona voters sparked the conflict by approving initiatives to permit 
marijuana use for medical purposes in 1996. Seven other states have 
followed with similar laws: Alaska, Colorado, Hawaii, Maine, Nevada, Oregon 
and Washington.

Congressman Barney Frank, D-Mass., twice has proposed legislation that 
would enable states to allow marijuana use for medicinal purposes without 
running afoul of federal drug laws. They were never given a hearing. Frank 
plans to reintroduce the legislation in the current session of Congress. 
North Coast Reps. Lynne Woolsey, D-Petaluma, and Mike Thompson, D-St. 
Helena, have co-sponsored Frank's bill in the past and said they will 
continue to support the measure.

"The voters of California have made their feelings known. The federal 
government needs to stay within its jurisdiction on this issue, in fact, 
the U.S. should take California's lead and legalize medical marijuana," 
Woolsey said.

"It defies both compassion and common sense for federal agents to 
prioritize the prosecution of cancer patients at this crucial time in our 
nation's history. It's hard to understand how the arrest of a sick 
grandparent is improving our national security," Thompson said. "The 
current leadership of the House doesn't have a great track record on this 
issue, but I remain hopeful that it will be given an opportunity for debate 
and vote."

Several Republican representatives have signed onto Frank's measures, so 
there is some bipartisan support. But Frank has acknowledged it will be a 
tough fight.
- ---
MAP posted-by: Jackl