Pubdate: Tue, 14 Sep 1999 Source: Press Democrat, The (CA) Copyright: 1999, The Press Democrat Contact: http://www.pressdemo.com/ Forum: http://www.pressdemo.com/opinion/talk/ Author: Mike Geniella, Press Democrat Bureau LOCKYER SAYS MENDOCINO DOSE TOO HIGH UKIAH -- Attorney General Bill Lockyer is questioning the "excessive'' use of pot allowed under Mendocino County's new medicinal marijuana program, an amount equivalent to a dozen or more marijuana cigarettes a day. As it is, the amount of pot an approved medical patient may possess in Mendocino County is four times the amount allowed in Arcata, the hip Humboldt County town where a groundbreaking program to issue photo identification cards to medicinal marijuana users was pioneered two years ago. But Mendocino District Attorney Norman Vroman said Monday that Lockyer's objections were unjustified and politically motivated, and that he would not reduce the amount of pot allowed in the county program. Vroman said many medical patients mix marijuana in their food or inhale pot smoke through vaporizers. Those methods use up more marijuana than smoking it, he said. Lockyer's complaints were outlined in a letter sent Aug. 24 to Vroman and Mendocino County Sheriff Tony Craver. Vroman said Monday the letter was meant to obscure the fact that Lockyer and state legislative leaders have been unable to agree how much pot medical patients could possess under a proposed statewide ID card program modeled after those in Mendocino County and Arcata. "If the state wants to provide some definitive guidance, we will be happy to attempt to bring our policy into conformance. Until then, we're going to continue the way we are,'' Vroman said. The Legislature, hung up on the issue of how much marijuana medicinal users should be allowed to possess, adjourned Friday without acting on a Senate bill that would have created a statewide version of Mendocino County's program. The measure by Sen. John Vasconellos, D-San Jose, would have required the state Health Department to issue emergency regulations addressing the amount of marijuana a person could have possessed for medicinal purposes. Rand Martin, Vasconellos' chief of staff, said Monday the measure is likely to be taken up during the next legislative session. Martin said the volume issue, and questions raised by law enforcement agencies about how to verify the legitimacy of a patient who chooses not to register under the proposed state program, "surfaced very late in the session.'' Noting worries Gov. Gray Davis might veto the measure if it was passed with those issues unresolved, Martin said, "We decided it might be wiser to take some more time.'' Vroman said he disagrees that the limits set in Mendocino County are excessive. "From what we learned about how marijuana is used for medicinal purposes, the amount we set was fair and reasonable,'' he said. "As far as I'm concerned, it's a non-story,'' he said. Medical marijuana proponents sided with Vroman, noting federal guidelines related to testing of the medicinal benefits of pot allow the use of up to 10 marijuana cigarettes a day. Under those guidelines, a three-month supply for participants in the federal experiment amounts to l 1/2 pounds. Ukiah attorney David Nelson, who represents a local medical marijuana club, said Monday Mendocino County's provisions are "somewhere in the middle'' when compared with other medicinal marijuana plans adopted or contemplated around the state. The issue may become moot if legal issues surrounding provisions of Proposition 215 and the proliferation of local clubs that distribute marijuana to medical patients finally are resolved. On Monday, a federal appeals court raised the possibility of reopening six closed medical marijuana clubs to patients who could show that they need pot to prevent imminent medical harm. Marijuana clubs in Ukiah and Fairfax have continued to operate pending federal action. ~~~~~ MAP note: The opinion in United States Of America v. Oakland Cannabis Buyers' Cooperative is online at: http://www.ce9.uscourts.gov/ Look under: Court of Appeals Opinions are now online! And it has also been posted by marijuananews.com at: http://www.marijuananews.com/oakland_case_ninth_circuit_rulin.htm - --- MAP posted-by: Richard Lake