Pubdate: 04, Jan 1999 Source: Orange County Register (CA) Contact: http://www.ocregister.com/ Copyright: 1998 The Orange County Register LOCKYER AND PROP 215 The new year grants a chance to clear the air of the haze of confusion hanging over Proposition 215, the medical marijuana initiative voters passed in 1996. And incoming Attorney Gen. Bill Lockyer has turned on the fans, signalling that a new view of the issue is being taken by the state's top law enforcement officer. Under Mr. Lockyer's predecessor, Dan Lungren, virtually no leeway was given to local counties and cities in the implementation of the law. Mr. Lungren even called in federal drug enforcement officials to crack down on medical marijuana distributors. Although the wording of Prop. 215 is not always clear, its intent is to allow a physician to give a permission slip (not a prescription) to suffering patients, who then should be able to legally obtain the medicine. Unfortunately, Prop. 215 doesn't specify how patients can get the medicine, which is still illegal to sell or buy. This policy disconnect has led to crackdowns on cannabis buyers' clubs, including at least one in Orange County. Mr. Lockyer says he's going to implement the will of the voters. "That means cooperating with local communities if they have different approaches," he told the San Francisco Examiner last week. "So San Francisco would be different than Kern County. I think [Mr. Lungren'] was overly zealous in continuing to oppose [Prop. 215] even after the people had adopted it. I joke that there are days when I thought Dan had a copy of 'Reefer Madness' at home." That's good news for the many people suffering from glaucoma, leukemia, cancer or other ailments that seem to be aided by smoking the herb. During last year's political campaign, we twice met with Mr. Lockyer and were touched by his compassion for his mother and sister, both of whom died of leukemia. He wondered to us why suffering patients can be given morphine, but not marijuana, if that's what can ease their pain. "I'm impressed and delighted with the vision and courage that Bill Lockyer has shown on this issue," Steve Kubby told us; he's co-author of Prop. 215, publisher of Alpine World and was last year's Libertarian Party candidate for governor. "In addition, his approach of doing it on a county-by-county basis, rather than on a statewide basis, is exactly what's needed right now. Lockyer said it best: Lungren saw himself as the pinnacle of law enforcement, but Lockyer sees himself as a support for communities district attorneys and local law enforcement." Mr. Kubby also was impressed with Mr. Lockyer's "private discussions with people like the Oakland Cannabis Buyers' Club. That's the first time an elected official I've heard of has gone right to the patients and asked them for their views. So he has a track record with medical patients, and we respect him and appreciate him." Mr. Lockyer's job won't be easy. He still has to deal with federal drug enforcement authorities, who insist that marijuana has no medicinal value and should not be recommended by doctors. A crackdown could include revoking a physician's federal license to prescribe medication. But Mr. Lockyer, unlike Mr. Lungren, is a member of the same party as President Clinton, the Democrats. And as the No. 2 elected official in the nation's largest state, Mr. Lockyer's voice will be heard in Washington on this issue - especially after last November's election, when five other states voted to allow medical marijuana. Clearly, Americans want marijuana allowed as a medical treatment. In California, it's time to make Prop. 215 work. - --- MAP posted-by: Rich O'Grady