Source: San Jose Mercury News Contact: Pubdate: Fri, 14 Nov 1997 LUNGREN BACKS IDS FOR POT USERS Proposal: Attorney general endorses San Mateo County plan. By Alan Gathright Mercury News Staff Writer State Attorney General Dan Lungren called ``enlightened'' a San Mateo County proposal to issue identity cards to patients using medical marijuana, making it easier to smoke or grow pot without fear of arrest. The plan, Lungren said, is ``a far more enlightened approach than setting up a cannabis buyers' club.'' His comments came as a county counsel report released Thursday advised the board of supervisors to reject as illegal a request to open a private marijuana dispensary in the North Fair Oaks district of unincorporated Redwood City. The county imposed a 45day ban on the dispensary Oct. 7, and its applicant, Salvador Garcia, has called for a ``Lift the Ban'' rally at next Tuesday's meeting by patients, doctors and supporters. But Lungren and county law enforcement officials were united in their opinion Thursday that Proposition 215, the medical marijuana measure that Californians passed last year, does not legalize pot distribution by private ``cannabis clubs.'' He opposed Proposition 215 and is prosecuting the San Francisco Cannabis Buyers Club for illegal pot sales. He's also appealing a San Francisco judge's ruling that allowed the club to remain open until there's evidence of illegal sales. Meanwhile, Supervisor Mike Nevin said he will ask Lungren in a meeting today to support a 12month pilot project allowing San Mateo County health clinics to dispense marijuana seized by police to patients who show the identity card. County Counsel Thomas Casey advised supervisors that distribution by the county would also be illegal under Proposition 215 and would require a change in state and federal laws. ``My program takes the underground motive and the profit motive out of it,'' said Nevin, a former police detective. ``I'm trying to find a compassionate way of getting this drug that is now legal to the sick and dying people who need it.'' Conflicting rules confuse Conflicting rules across California about how medical marijuana can be distributed show the confusion over Proposition 215, which allows a physician to approve marijuana use by ill people and allows their primary caregiver to cultivate the weed. But the proposition offered cities and counties little guidance about how to execute the measure. Some advocates argue that the cannabis clubs can act as ``primary caregivers,'' and officials in San Jose, San Francisco and Alameda counties have allowed the clubs to exist under police regulation. Palo Alto has temporarily banned dispensaries. On Dec. 2, Marin County supervisors are expected to pass the first medical marijuana identification program in the country, said county health director Thomas Peters. ``Because we at the local level are all hampered by the lack of state leadership on this issue, we're admittedly entering uncharted territory,'' Peters said. San Mateo County Undersheriff Greg Munks agreed, saying: ``When you have legislation by proposition you end up with a law filled with loopholes and questions. In the meantime, you have 58 counties scrambling to figure out 58 different ways of dealing with it.'' Lungren, an anticipated Republican gubernatorial candidate, was visiting San Mateo County as part of a tour to meet with county law enforcement officials through out the state. Pepper spray report today He also announced that his office today would report on a review of 25,000 police cases on the use of pepper spray. The report will be released in the wake of a federal investigation into logging protesters' charges that they were ``tortured'' by Humboldt County sheriff's deputies who swabbed the spray in their eyes. Lungren said he generally believes that, when properly used, pepper spray has reduced serious injuries in potentially violent confrontations between police and suspects. But as the state's top lawman he wants to review police practices and training procedures. Lungren said he is also concerned about the statewide explosion of illicit methamphetamine, which is the biggest crime problem facing nearly all 58 counties he's visiting. He said methamphetamine or speed is a ``multiheaded monster'' that fuels violent crime and child abuse. Toxic dumping by illegal labs has become the second largest contamination problem in the state, he said. Stressing that state and federal agents are expected this year to raid a record 2,000 labs in California 75 percent of the national count Lungren said: ``The problem is it's everywhere. Out of the first 50 counties I've visited, 49 told me it was the drug of choice and the biggest problem they had.'' During 1995, state agents seized 465 labs and 18,000 pounds of ``meth,'' compared with 362 labs and 1,409 pounds in 1991. In San Mateo County, some 45 pounds of meth estimated to be worth $1.1 million were seized last year, compared with 14 pounds in 1995.