Pubdate: Thu, 16 Sep 1999
Source: San Jose Mercury News (CA)
Copyright: 1999 Mercury Center
Contact:  http://www.sjmercury.com/

THERE'S A SECOND CHANCE ON MEDICAL MARIJUANA

A FEDERAL appellate court has given Gov. Gray Davis reason to reflect on 
his obstinacy on Proposition 215, the medical marijuana initiative that 
voters passed in 1996.

The court ruled that the federal law forbidding the sale and use of 
marijuana is not absolute. Those who enforce it -- judges, prosecutors, 
governors -- should at least consider an exception when marijuana is 
medically necessary.

The decision won't be the final word. The case now returns to U.S. District 
Court Judge Charles Breyer, who must decide whether Oakland's Cannabis 
Buyers' Cooperative falls under the exception. The club is one of a 
half-dozen that had been distributing marijuana to AIDS and cancer patients 
to relieve pain and nausea.

Over the past year, San Jose Sen. John Vasconcellos has sought to bridge 
the gap between federal law and Proposition 215. The solution -- a state 
registry for medical marijuana users -- collapsed on the final days of the 
session.

Davis' expected veto contributed to the failure to compromise. The federal 
court's ruling gives him a second chance to show leadership and flexibility.

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