Pubdate: Tue, 16 Oct 2007
Source: Union Democrat, The (Sonora, CA)
Copyright: 2007 Western Communications, Inc
Contact:  http://uniondemocrat.com/
Details: http://www.mapinc.org/media/846
Author: Rebecca Howes, The Union Democrat
Cited: Sonora City Council http://www.sonoraca.com/government/citycouncil.htm
Bookmark: http://www.mapinc.org/mmj.htm (Marijuana - Medicinal)
Bookmark: http://www.mapinc.org/find?232 (Chronic Pain)

CITY LOOKS AT USE OF MEDICINAL POT

The Sonora City Council will wait a month to address a proposed 
ordinance that would prevent medicinal marijuana patients from using 
pot in public.

Council members were prepared to vote on a change in the city's law 
regarding alcohol consumption in public -- adding pot to the equation.

But when the council was informed some patients use the drug orally, 
without smoking it, they sent the ordinance change back for revisions.

The modification was proposed by Sgt. Turu VanderWiel of the Sonora 
Police Department.

VanderWeil saw the need to make all marijuana smoking, even with a 
prescription, illegal on city streets.

To make smoking marijuana in public a misdemeanor means clearing up a 
very murky area, said police Chief Mace McIntosh.

"There is a lot of gray area on this stateside," McIntosh said prior 
to the meeting.

"Many people with valid prescriptions and medicinal user cards are 
now taking their use of the substance into the streets to bring 
notice to their legal right," he told the council, reading from a 
letter written by VanderWeil.

The council had no questions for the police chief and the floor was 
then open for public comment.

Christopher Demars, 28, gave the council, as well as audience 
members, a lesson on medical pot. Not all people who use medicinal 
marijuana actually smoke it, he said.

Demars told the council he was there to represent not only himself, 
but his father who could not attend due to the effects of multiple sclerosis.

He went on to tell the council that his father takes marijuana 
orally, he does not smoke it publicly, yet he will still be breaking 
the law should the ordinance be passed, simply by possessing it or 
ingesting it.

The tincture he uses is extracted oil from the flower of the 
marijuana plant which is combined with grape seed oil and placed 
under the tongue for managing pain, Demars explained.

"There is no second hand smoke in that," he said, addressing issues 
raised by McIntosh.

Demars' father has suffered with MS for the past 20 years. By 4 p.m. 
most days, he is in bed due to chronic pain and nausea.

His primary caregiver since 2002, Demars has witnessed his father's 
deterioration first hand.

He said his father is in constant pain, confined to a wheelchair, and 
will never get better.

"I feel like the city is targeting people who are sick, disabled or 
dying," he said.

After Demars spoke, the council agreed to readdress the issue and 
rewrite the proposed ordinance.

"I will consult recent case law," said Richard Matranga, the attorney 
for the city of Sonora.

Mayor Hank Russell and City Administrator Greg Applegate both agreed 
this was the way city government should work.

"This is an example of the power of an individual to influence 
government," said Russell.

Demars admits to being surprised at the council's response.

"I am glad they delayed the vote and didn't override the wishes of 
the public," he said. "We would have had to pursue a lawsuit had the 
outcome been different."

The council will again consider the ordinance on Nov. 19. 
- ---
MAP posted-by: Richard Lake