Pubdate: Sat, 16 Aug 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

LEGISLATURE FAILS, AGAIN, TO REGULATE MEDICAL MARIJUANA

Success has many fathers, the saying goes, but failure is an orphan.
Plenty of people are responsible for the collapse of a potentially
landmark bill enacting the first statewide rules for medical marijuana.

While the measure would not completely fix California's medical
marijuana mess, it would tackle some of the worst abuses that have
undermined the original intent of "compassionate care" for seriously
ill patients. It at least tries to bring some order to the confusing
maze of pot rules across the state. And it was the closest the
Legislature had come to a compromise.

So it's a shame that the bill is all but dead after it was blocked
Thursday in the Assembly Appropriations Committee. Unless proponents
miraculously resurrect it before the session ends, a new Legislature
could have to start from scratch in January.

Senate Bill 1262 sought to marry the original version of that bill,
authored by Sen. Lou Correa of Santa Ana and backed by the state's
police chiefs and cities, with Assembly Bill 604, authored by
Assemblyman Tom Ammiano of San Francisco and defeated on the Assembly
floor in May.

The California Police Chiefs Association and the League of California
Cities stayed on board with the revised bill. But most industry groups
were adamantly opposed, and in the end, Ammiano backed away, saying
that the final version "included provisions that would have gutted the
industry in some parts of California."

The marriage fell apart over issues that included criminal background
checks for those seeking licenses to run dispensaries, growing and
processing operations, and transportation services.

Another major disagreement is local flexibility. While the bill does
not preempt local regulations or bans on dispensaries, it does add
statewide requirements on security, testing and distribution. That is
too much for other local government groups, which say existing
regulations are working well for them.

The revised SB 1262 did resolve a major difference between the two
earlier proposals  who would enforce statewide regulations. Correa
proposed the state Department of Public Health, while Ammiano wanted a
new division under the Department of Alcoholic Beverage Control. In
the compromise, a new division within the Department of Consumer
Affairs would be in charge and would be funded by license fees. Its
director would be appointed by the governor.

The bill also targeted a major problem  unscrupulous doctors who write
recommendations for medical pot without verifying there's a real
medical need.

The bill would allow only a patient's attending physician to write a
recommendation and would require a diagnosis to be done in person, or
through an approved tele-medicine program. It would also tell the
state medical board to put a priority on investigating cases in which
physicians make recommendations without a proper exam, and would make
it a crime for doctors who write recommendations to have a financial
interest in dispensaries.

The continuing impasse is just fine with some interest groups. Those
who want to legalize recreational marijuana are pointing toward a
possible ballot measure in 2016. Meanwhile, nearly 18 years after
voters approved Proposition 215, California remains stuck without
common-sense rules on the marijuana that is already legal.

It may not be what Sen. Correa calls "the wild, wild west" of
unregulated marijuana; the federal crackdown starting in late 2011
took care of that. But it's still not a good situation.

It is not easy to bring all the competing interests together on an
issue this complicated and with so much money at stake. Still, that's
the Legislature's job. The lack of a compromise is a failure of
imagination and leadership.
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MAP posted-by: Matt