Pubdate: Sun, 02 Mar 2014
Source: Sacramento Bee (CA)
Copyright: 2014 The Sacramento Bee
Contact: http://mapinc.org/url/0n4cG7L1
Website: http://www.sacbee.com/
Details: http://www.mapinc.org/media/376

CALIFORNIA NEEDS TO SOLVE MEDICAL MARIJUANA MESS FIRST

Given how long California has been stuck in its medical marijuana 
morass, the wisest move is to fix that first. With real-life 
laboratories in Colorado and Washington state on legal recreational 
marijuana, it makes sense to wait and watch closely before making pot 
any more available.

If state legislators do their job, that can be California's course.

Proponents of the best-financed initiative to legalize marijuana have 
pulled back from this November's ballot and have set their sights on 
2016, when they believe a larger voter turnout will help their 
chances. While two other groups are pushing ahead for this year, 
neither has qualified its initiative for the ballot.

Meanwhile, there are two bills before the Legislature to finally 
bring some sensible statewide rules to medical marijuana 
dispensaries, more than 17 years after voters approved Proposition 215.

The goal ought to be to return as much as possible to the original 
intent of Prop. 215  compassionate use of marijuana for the seriously 
ill. Lawmakers should help shield legitimate dispensaries from 
heavy-handed federal action, while discouraging big commercial operations.

Both bills have their good points. Legislators need to pick the best 
provisions, putting aside pride of authorship and political ego.

The California Police Chiefs Association and the League of California 
Cities have joined forces behind Senate Bill 1262, introduced by Lou 
Correa, a Santa Ana Democrat.

Assembly Bill 604 combines elements of measures introduced last year 
by Senate President Pro Tem Darrell Steinberg of Sacramento and 
Assemblyman Tom Ammiano of San Francisco. Both stalled in the Assembly.

Both SB 1262 and AB 604 would continue to let cities and counties 
decide whether to allow dispensaries at all  a power affirmed last 
May by the California Supreme Court. Some cities, such as Sacramento, 
have permitted a limited number. About 200 local governments, 
including Sacramento County, have banned them.

Both measures would target the big problem of rogue doctors who write 
pot recommendations with little regard for actual medical need. Some 
even "diagnose" patients over Skype.

Under SB 1262, physicians would have to conduct an in-person physical 
examination and determine the type of marijuana and how it should be 
ingested. To prescribe pot to minors, they would have to justify why 
the benefits outweigh the possible neurological damage. Doctors would 
have to report to the California Medical Board how many 
recommendations they write; if it's more than 100 in a year, the 
board would audit them. These would be important protections.

AB 604 would prohibit marijuana-prescribing doctors from having a 
financial interest in dispensaries. It says that prescribing pot 
without a real medical reason should be considered unprofessional 
conduct and given priority for investigation by the state Medical 
Board. Also, AB 604 exempts from regulation patients who grow 
marijuana for their personal use.

Another major difference between the bills is which state agency 
would be in charge of overseeing dispensaries.

SB 1262 calls for the state Department of Public Health to license 
dispensaries and growing operations, establish quality control 
testing and ban the use of pesticides for cultivation. Local health 
departments would enforce security and other requirements on 
dispensaries. The state and local agencies would charge 
as-yet-undetermined fees to dispensaries to cover their costs.

AB 604 would create a new marijuana regulation division under the 
state Department of Alcoholic Beverage Control.

If marijuana is really for medical use, then it does seem to make 
sense for state and county health departments to oversee 
dispensaries. Also, ABC has its hands full regulating bars and liquor stores.

Medical marijuana is complicated and controversial enough. Possession 
for personal use was effectively decriminalized in 2010, made an 
infraction with a $100 fine. There's no reason to rush into legalized 
recreational marijuana, especially since California policymakers can 
look to Colorado and Washington to see the pros, cons and unintended 
consequences.

They do, however, need to sort out medical marijuana. It is long 
overdue for legislators to take up the challenge.
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MAP posted-by: Jay Bergstrom