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. - --- MAP posted-by: Thunder