Source: San Francisco Chronicle Contact: Wed, 19 Nov 1997 Author: Marshall Wilson, Chronicle Staff Writer Section: p.A17 Website: http://www.sfgate.com:80/chronicle/index.shtml REGISTRATION PLAN FOR MEDICAL POT Users could get marijuana seized by San Mateo County REDWOOD CITY People suffering from AIDS, cancer and other diseases could register with San Mateo County so police know that it is all right for them to smoke marijuana under a program given a tentative green light yesterday. In a unanimous decision, supervisors pledged to have guidelines ready by early next year showing who could qualify for legal protection under Proposition 215. Supervisors also agreed to study board President Mike Nevin's novel idea to create a governmentrun pot dispensary. In a meeting last week with state Attorney General Dan Lungren, Nevin proposed dispensing pot seized by narcotics agents through county health clinics. One person who did not agree was Salvador Garcia, who saw his proposal to open a privately run pot dispensary go up in smoke. Garcia, who suggested in a letter that narcotics agents turn over confiscated pot to him for distribution, issued a flyer before yesterday's meeting calling for a protest, which did not materialize. The flyer said he didn't want ``communistic rule to infringe on the rights of free enterprise.'' ``You are basically infringing on my rights to do business in your county,'' he said yesterday. It was Garcia's proposal to open a place in unincorporated North Fair Oaks where he could grow and distribute medical marijuana that got the supervisors involved in the dispute. Residents of the predominantly Latino community objected to having the pot dispensary in their neighborhood. Nevin now wants a change in state law and, if necessary, federal law, to allow a pilot distribution project. He would appease concerns raised by Lungren that distributing pot sends the wrong message to children by expanding antidrug education. ``We're worthy of a test. We're worthy of being trusted,'' said Nevin, a former San Francisco police officer. Nevin said Lungren authorized a staff attorney to work with the county to draw up a proposal. The supervisors' moves come in the aftermath of last year's passage of Proposition 215, which legalized the use of marijuana for medicinal reasons but was hazy on the details of regulation. The vaguely worded initiative authorizes ``primary caregivers'' to distribute pot to the ill and has given rise to socalled cannabis clubs. In San Francisco, police ignore cannabis clubs, where people with medical approval can obtain marijuana. But in San Mateo County, where twothirds of voters supported Proposition 215, officials say clubs do not meet the legal requirements of being a primary caregiver. Officials decided that registering individual patients and caregivers could work instead. Lungren has not taken a position on the concept, preferring to let local agencies devise their own strategies, spokesman Matt Ross said. Proponents had to convince District Attorney Jim Fox, who signed the ballot argument against Proposition 215. Fox said he approves of the county's plan as long as the definition of ``primary caregiver'' is narrow and patients receive a doctor's approval. Scott Morrow, the county's chief health officer, has said that from 1,500 to 5,000 people in the county might qualify to receive medical pot. Morrow yesterday warned that registration cannot be foolproof. ``We cannot set up a system where we could eliminate fraud,'' he said. Despite those concerns, Sheriff Don Horsley said the county's police chiefs support the plan for a local identification system. If stopped, patients and caregivers could show they have a legitimate reason to possess marijuana, he said. ``I think this is the right way to handle a sensitive issue,'' he said.