Source: San Francisco Examiner Contact: http://www.examiner.com Pubdate: Fri, 13 Feb 1998 Author: Rachel Gordon of the Examiner Staff MEDICAL POT LAW A HEADACHE FOR COPS The San Francisco Police Department's top anti-drug enforcer is calling the state law allowing the medicinal use of marijuana a giant law enforcement headache fueled by confusion. Lt. Mike Puccinelli, who heads the SFPD narcotics division, said officers have to determine when the use and possession of pot is legitimate and when it is not even though the rules aren't clearly spelled out. The district attorney faces a similar dilemma. Both San Francisco police brass and District Attorney Terence Hallinan have said they don't want to deprive anyone of marijuana used for medicinal purposes, but until there are clarifications in the law, confusion reigns. "We're in a horrible position now," Puccinelli said. "It's a big mess." Since California voters approved Proposition 215 in 1996 by a 6-4 ratio, local jurisdictions have been grappling with how to handle it. Such cities as San Jose and Fairfax in Marin County have provided permits for pot clubs to operate, and now several elected officials in San Francisco are contemplating a similar move. The City's Health Department is on record in support of Prop. 215 and issued guidelines to local doctors on which patients should be considered for the therapy and under what circumstances. They also outline the potential benefits and risks of pot. The ground-breaking California law allows people to grow and possess marijuana, if it is recommended by a doctor for treatment of symptoms related to such illnesses as AIDS, cancer, arthritis, glaucoma and migraines. Supervisor Tom Ammiano, who held a City Hall hearing Thursday on San Francisco's response to the state law, said he has no doubt that there's the political will in The City to assure sick people access to pot. "What concerns me is that the nuts and bolts aren't there to withstand the attacks," Ammiano said. He's calling for a coordinated effort among city agencies to address everything from access to enforcement. Gary Johnson, who has AIDS and is in a constant battle to keep weight on his fragile frame, pleaded with city officials to defy state and federal authorities and do everything they can to provide people in need with their voter-given right to marijuana. "Don't they know that people are sick and dying?" he asked. "A lot of people don't know how much this fight has taken out of people. But I'd rather break the law and give them a joint than watch them starve." While the Health Department is moving forward through medical channels, the district attorney and police have put on hold the drafting of their guidelines, while the fate of Prop. 215 is debated in the courts and the state Legislature. The law does not address such issues of supply and distribution, and raises questions in other areas, opening the door to legal attacks. Puccinelli recounted a recent incident in which an officer came upon two men smoking pot in Boedekker Park -- a well-known haven in the Tenderloin for drugs and related crimes. One of the men said he needed marijuana because he was sick, and offered to share it with his friend, whose use did not fall under Prop. 215's jurisdiction. Situations like that, Puccinelli said, are troublesome for police who don't want to harass sick people but who also are charged with enforcing anti-drug laws. Neighbors of such parks as Boedekker and Mission Dolores in the Mission District, for example, have called on police to crack down on the rampant use and sale of illegal drugs in their areas. "If you allow people to smoke marijuana in public, that's going to cause a problem," Puccinelli said. There's also dispute over whether San Francisco police are arresting and citing people who have marijuana for medical purposes. Wayne Justmann, representing the Cannabis Cultivators Club -- the pot club started by the father of the movement, Dennis Peron -- said he gets reports two or three times a week from people who say they were unfairly harassed by cops. Ammiano said guidelines must be drawn that clearly outline police enforcement policy. One speaker said a ban on outdoor use wouldn't be fair to homeless people, who have a difficult time finding refuge indoors. An alternative, at least for now, are cannabis buyers clubs, where people go to smoke or ingest pot. There are five operating in San Francisco, but federal law enforcers have tried to shut them. Critics of the clubs say they don't limit their services to the ill. "There's a chilling effect out there right now," Ammiano said. "Even though some of the cannabis centers are open, there's still grave concern that there can be a bust." )1998 San Francisco Examiner