cannabisnews.com: Time for The U.S. To Honor Prop. 215 Time for The U.S. To Honor Prop. 215 Posted by FoM on November 04, 2001 at 07:49:12 PT By Terence Hallinan Source: San Francisco Chronicle Five years after California voters passed Proposition 215, making it legal for doctors to recommend to patients to use marijuana medicinally, the Bush administration is trying to take away those rights. In recent weeks, the Drug Enforcement Administration has raided the Los Angeles Cannabis Resource Center -- a 3,000-member dispensary known for its rigorous membership requirements -- and a clinic in El Dorado County that served 6,000 patients. They are apparently trying to undo the most significant and promising reform of the 1990s. More than 5 million Californians voted yes on 215. In San Francisco, the support was a resounding 80 percent. Medical marijuana even carried Orange County. Exit polls showed that most voters had made up their minds based on personal experience or the report of a loved one. It was a stunning political development. Yet, Prop. 215 had been opposed by all the major candidates running for national and state office, as well 57 of California's 58 district attorneys. Clearly, the voters were trying to tell the government that, contrary to war- on-drugs rhetoric, they regarded marijuana as a relatively safe medicinal herb that can be very effective at stimulating appetite, reducing nausea and easing physical and psychological pain. This reality was most clearly understood in San Francisco, where the AIDS epidemic had taken and touched so many lives. The passage of the initiative gave many voters renewed hope in the democratic process -- a sense that we, the people, could impose common sense when the government lost its way. An attempt to dis-implement Prop. 215 began as soon as it passed into law (as section 11362.5 of the California Health & Safety Code). In December 1996, state Attorney General Dan Lungren, a Republican, convened a special "Emergency All Zones Meeting" of district attorneys, sheriffs and police chiefs to outline his "narrow interpretation" of the new law. He advised prosecuting marijuana possession cases as zealously as before and requiring doctors to testify in open court. A few weeks later, U.S. Drug Czar Barry McCaffrey warned California doctors that they might lose their federal licenses if they approved patients' marijuana use. Our current state attorney general, Bill Lockyer, a Democrat who supported Prop. 215, has left implementation up to the counties. In San Francisco, we have tried to respect the letter and spirit of the law. The Department of Public Health has established an identification-card system that protects patient confidentiality; some 2,000 cards have been issued to date. Chief of Police Fred Lau sent out a department bulletin reminding all officers that documented patients and caregivers have the right to possess and cultivate marijuana for medical use. Nonprofit dispensaries have been established to provide the drug to patients; some function as support groups for people who are very sick indeed. From a law-enforcement perspective, Prop. 215 has been implemented successfully in San Francisco. It has reduced crime as well as the costs associated with arrest, prosecution and incarceration; and it contributes to the public health and safety. It is ominous that the federal government has moved against the dispensary in Los Angeles and the physician in El Dorado County. News of DEA agents seizing patients' records has sent waves of fear throughout the state, as have sightings of agents, real or imagined, spying on local clubs. Patients and their caregivers have been calling my office seeking reassurance that their access to a medicine they rely on will not be denied. On their behalf, I call on the DEA to respect the rights of medical marijuana patients and caregivers in San Francisco and throughout the state. I reiterate the argument made by Attorney General Lockyer in support of the Oakland Cannabis Buyers Cooperative: "The states have a sovereign interest in matters pertaining to the health and welfare of their citizens, and the state ballot initiative process is a valid and lawful manner for those citizens to develop policy in these areas." The Bush administration supports, in theory, the right of local jurisdictions to create law enforcement and public health policies. The president's call for bipartisanship and focus in response to terrorist attacks has our support. But bipartisanship is not a one-way street. The will of voters in a predominantly Democratic city and state, on one of the most important issues of our time, should be respected. Terence Hallinan is the district attorney of San Francisco. Complete Title: Medical Marijuana: Time for The U.S. To Honor Prop. 215 Source: San Francisco Chronicle (CA) Author: Terence HallinanPublished: Sunday, November 4, 2001 Copyright: 2001 San Francisco Chronicle Page C - 5 Contact: letters sfchronicle.comWebsite: http://www.sfgate.com/chronicle/Related Articles & Web Sites:Medicinal Cannabis Research Linkshttp://freedomtoexhale.com/research.htmCannabis a Medical Miracle - It's Official http://cannabisnews.com/news/thread11253.shtmlThe Other War - LA Weekly http://cannabisnews.com/news/thread11233.shtmlUS Cracks Down on Med. Marijuana in California http://cannabisnews.com/news/thread11227.shtml END SNIP --> Snipped Home Comment Email Register Recent Comments Help Comment #17 posted by shrox on November 06, 2001 at 00:39:10 PT: The spice must flow (repost) I have decided to step forward and demonstrate the effectiveness that one individual can have in bringing about change. The DEA has been raiding medical cannabis outlets and clubs in California. I hold an office as a commissioner in a city outside San Francisco. It is a volunteer position with no payment, but I did sign a document that stated I would defend the constitution of the State of California, and I swore an oath to this effect. Prop. 215 made medical cannabis an option for persons in California fitting a definition of need and medical necessity that I find quite reasonable. The actions of the DEA are unacceptable in a constitutional republic such as our own. I carry an ID card that proclaims my membership with the Oakland Cannabis Buyers Cooperative. Shall I wear it on my lapel as the Nazi's made Jews wear a yellow Star of David? http://www.shrox.com/spiceflow.html [ Post Comment ] Comment #16 posted by Shishaldin on November 05, 2001 at 12:06:14 PT Here's Dubya's totals.... http://www.opensecrets.org/2000elect/indus/P00003335.htm [ Post Comment ] Comment #15 posted by Lehder on November 05, 2001 at 06:38:51 PT three price lists and one error Bob Barr (R,GA) receives a lot of his money from "Health Professionals":http://www.opensecrets.org/politicians/indus.asp?CID=N00002526&cycle=2002The source of five percent of his money is a mystery: http://www.opensecrets.org/politicians/summary.asp?CID=N00002526&cycle=2002Doug Ose (R,CA), a little more affordable, is also concerned about your health: http://www.opensecrets.org/politicians/indus.asp?CID=N00007581&cycle=2002Mark Souder (R,IN) seems the most affordable of the three Congressman: http://www.opensecrets.org/politicians/indus.asp?CID=N00003844&cycle=2002Entering "Bush" yields, "An error has occurred....": http://www.opensecrets.org/politicians/summary.asp?CID=&cycle=2000Write for your Congressman's price list:http://www.visi.com/juan/congress/ [ Post Comment ] Comment #14 posted by dddd on November 05, 2001 at 00:26:25 PT shalom Concerning the previous posts link,I hope no one was offended by it's mild,slightly questionable anti-sematic flavor,,I am an honorary Jew myself,but I believe in Jesus,,and besides,,there are just as many non-Jewish media owners,and manipulators........ ..dddd [ Post Comment ] Comment #13 posted by dddd on November 04, 2001 at 23:10:48 PT This is Really good Leefmyner,and anyone else http://natall.com/who-rules-america/ [ Post Comment ] Comment #12 posted by dddd on November 04, 2001 at 17:16:52 PT Welcome Leefmyner ..Media suppression,manipulation,and censorship is one of my favorite topics,and I like to see it when someone recognizes it....Your post is right on,,,but I'm afraid the "radar",that they are flying under,was carpet bombed long ago,and even the radar that still exsists,has been effectivly squelched by the overlords of the media. People who read the newspaper,or watch the "news" on TV,,tend to believe what they read,and see.After all,we do have a "free press",,,dont we?...........dddd [ Post Comment ] Comment #11 posted by Patrick on November 04, 2001 at 16:50:25 PT Hi Leefmyner Welcome to the WAR!I don't know if you are a minor or a miner as your handle implies? :) But, I think you will find this website is an education and an eye opener. FREEDOM OF SPEECH! Many in this country want justice for 9/11 and the DEA has the time to bust people in California for using medicinal marijuana that is legal under California State LAW. Time to pay attention to your rights even if you are not old enough to vote or mine buds. PLAY BALL! [ Post Comment ] Comment #10 posted by Leefmyner on November 04, 2001 at 16:16:19 PT: Under the Radar I live in the northeast and I have not seen one story mentioning any of the events in california related to medical marijuana. Even nationally, this story has been ignored. Go to CNN.com and do a search for this story. THEY COMPLETELY IGNORED IT! This is one of those storys that cannot be spun the way they want, because denying sick people medicine is never popular, so they didn't even bother to publish it. We live in sad times when any sort of dissent toward our federal government is taboo and important stories like this cannot reach the majority. If this story did reach the masses, there would be an outcry. Unfortunately the opportunistic feds are using the Sept. 11 story to bury their dirty deeds. Freedom of the press does not need to be inhibited in times like these because the press is too buisy doing its "patriotic duty" Even if the presses were not preoccupied, most editors would be too afraid to publish this story, hence the void at CNN. They're more fraid of the government than the terrorists. Ironic, isn't it? [ Post Comment ] Comment #9 posted by kaptinemo on November 04, 2001 at 15:19:37 PT: Try here, P_T This is where I learned:HTML Goodies:http://www.htmlgoodies.com/to immediately answer:Type the following to begin italicization:then type at the end of what you want to italicize. [ Post Comment ] Comment #8 posted by el_toonces on November 04, 2001 at 14:08:18 PT: Sorry, Puff_Tuff, My Bad! Puff-Tuff --Sorry about that - I must be going blind or mental! When I checked to see if my interrogatory was posted properly, I finally saw the date, in capital letters no less, that had been in your post all along.I think I need a holiday;)Pax vobiscum,ElP.S. -- Does anyone know how to get italics when typing or pasting text into this box? [ Post Comment ] Comment #7 posted by el_toonces on November 04, 2001 at 14:03:23 PT: Quien diaz, mi amigo 'puff_tuff?" Dear Puff-Tuff---Thanks for the link to the coverage with the times for testimony, but what day will the coverage be broadcast? I re-read your posts and the entire article but either missed it or it was not there to see. Could you possibly indulge me and post again?Muchas gracias,El [ Post Comment ] Comment #6 posted by puff_tuff on November 04, 2001 at 12:10:55 PT OOPS That link didn't work, try this.http://www.parl.gc.ca/common/Committee_SenHome.asp?Language=E&Parl=37&Ses=1&comm_id=66 [ Post Comment ] Comment #5 posted by puff_tuff on November 04, 2001 at 12:05:26 PT Americans will address Canadian Senate Committee The Canadian Senate has a Special Committee on Illegal Drugs, to reassess Canada's anti-drug legislation and policies. They are focusing on marijuana, recently they have been hearing from foreign countries to gather information on their policies.Tomorrow (NOV 5) they are hearing from the USA, this is the agendaWitness(es) Lindesmith Centre (9:00 a.m.-10:30 a.m.) Ethan Nadelman, Executive director State of New Mexico (10:45 a.m.-12:15 p.m.) Gary Johnson, Governor National Institute on Drug Abuse Alan Leshner, Director Should be interesting, once the transcripts are online I will provide a link.Check out the committee's website, lots of info, including a link to this site!! (Cannabis News) Special Committee on Illegal Drugs [ Post Comment ] Comment #4 posted by Duzt on November 04, 2001 at 11:53:43 PT Speaking of Congressmen... This is a letter sent to John Ashcroft from some of those very Congressmen who supposedly represent us. Don't kid yourself into believing we live in a democracy. 70-75% of Americans are for medical marijuana, so who do they represent? Please write or call these people and let them know how you feel about them.Following is a copy of a letter to A.G. John Ashcroft from three members of the House Committee on Government Reform Subcommittee on Criminal Justice, Drug Policy and Human Resources calling on the feds to move against California's medical cannabis clubs in the wake of the Supreme Court decision. This is the same committee that sent a delegation of GAO officers to investigate the Los Angeles Cannabis Resource Center in August. The GAO inquired mainly about where the LACRC got its marijuana, and was informed that the club grew its own supplies on site and at a satellite garden in Ventura County. One hour after the GAO left the premises, a warrant was signed to raid the Ventura garden. It thus appears that Congressional drug warriors and the GAO were behind the recent LACRC bust. *** Note that the letter was signed by one Californian, Rep. Doug Ose of West Sacramento / Davis. Although supposedly a Republican moderate, Rep. Ose is one of the most militant drug warriors in Congress. Constituents are urged to make their views known to Rep. Ose at 202-225-5716/FAX 226-1298, doug.ose mail.house.gov - 1508 Longworth House Office Bldg, Wash DC 20515. - D. Gieringer (posted on www.marijuana.org) CONGRESS OF THE UNITED STATES, COMMITTEE ON GOVERNMENT REFORM, Washington, DC, May 23, 2001. Hon. JOHN ASHCROFT, Attorney General, Washington, DC. DEAR GENERAL ASHCROFT: As members of the Subcommittee on Criminal Justice, Drug Policy and Human Resources, we write to commend you on the outstanding performance of the Justice Department in obtaining a decisive Supreme Court ruling in the Oakland Cannabis case. We urge you to now move swiftly to give effect to that ruling throughout the United States with respect to ``medical marijuana'' provisions contrary to the Court's unanimous decision. As you know, the Court's determined that the express congressional determination in the Controlled Substances Act (``CSA'') that marijuana and other Schedule I drugs have ``no currently accepted medical use in treatment in the United States'' (21 U.S.C. §812(b)(1)(B)) is clear and controlling law. Accordingly, the CSA's prohibitions against manufacturing, distribution, and possession with intent to distribute controlled substances such as marijuana (21 U.S.C. §844(a)), are the law of the land across the United States under the Constitution's Supremacy Clause. As President Bush recently made clear, ``we emphatically disagree with those who favor drug legalization.'' Yet eight states and the District of Columbia purport to permit the use of marijuana in a way wholly contrary to the explicit reading of the Controlled Substances Act explained by the Supreme Court. The fringe drug legalization movement hopes this will send a message to our children and society that drug use is tolerable. Marijuana use is not tolerable under any circumstances. Accordingly, we are asking you to direct the Department of Justice to immediately seek injunctive relief in federal courts in each of these states similar to the order in California which was unanimously upheld by the Supreme Court in Oakland Cannabis. Since state ``medical marijuana'' initiatives which purport to allow the manufacture, distribution or individual possession of marijuana contrary to the Controlled Substances Act are clearly unconstitutional under the Supremacy Clause, we believe that injunctive relief prohibiting such manufacturing, distribution and individual possession is well warranted as a matter of law. This action would also decisively resolve significant uncertainties with respect to marijuana which have greatly hampered federal, state and local law enforcement activities in each of these areas and send a critical anti-drug message to our nation. We appreciate the leadership of President Bush and you in this important area and look forward to continuing to work with you to protect our families from illegal drugs. Sincerely, Mark E. Souder, Chairman. Bob Barr, Member of Congress. Doug Ose, Member of Congress. Note: This is a direct excerpt from the Congressional Record, page H4191 DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE JUDICIARY, AND RELATED AGENCIES APPROPRIATIONS ACT, 2002 -- (House of Representatives - July 18, 2001) The surrounding debate is highly recommended reading and can be found easily through the Federal Government Website: THOMAS Back to www.marijuana.org -- Back to New Articles -- ---- Dale Gieringer (415) 563-5858 // canorml igc.org 2215-R Market St. #278, San Francisco CA 94114 [ Post Comment ] Comment #3 posted by Patrick on November 04, 2001 at 11:41:42 PT Earth to Mr. Hutchinson I am one of the 80% of voters that voted for Prop. 215! I don't like my vote being treated like it was of Castro's or Saddam Husseins subjects. The DEA is like the IRS was before they begain to clean up their act. The DEA is a rogue agency that wastes 95% of its $20 billion dollar annual budget chasing marijuana plants. That is your money people! If you pay taxes you are funding the DEA whether you want to or not! Terrorists have declared war on the American taxpayer and the American military. And yes folks, there are two fronts in this war. The terrorists that are amongst us, and the terrorists that are employed in our government. Law enforcement is a legitimate use of our tax dollars. However, $20 billion dollars for chasing pot users begs the question, Why is Social Security short on funds?I find it difficult to fathom that I am funding these DEA cowards while my fellow countrymen are on the ground in Afghanistan. I am starting to get really pissed off with the DEA actions in California. Don't tread on me, Mr. Hutchinson. You are the jack-booted terrorist in this situation. You violate state law, and voters rights. You violate our very democracy for the sake of a law enforcement bureaucracy that is completely out of step with the people it has sworn to protect. You were once a congressman! Now you are a lowly drug enforcement nazi. What a stupid career move, in my opinion. Anyway, I hope that someday your god will show you the error of your ways in choosing to bust these clubs. Part of me wants to believe that you are just a pawn and a puppet. You are being used to show the public how silly a government out-of-control actually looks when it oppresses its very own people. History will record the facts that are not sealed under one of your secretive court orders! In the future, people will find it hard to believe that the government even had any say at all over what the individual chooses to place in their body. People may act like sheep for awhile however, American history shows that when a group of people in this country are driven into the ground, eventually some of them will fight back. And once they begin the fight, it is a long slow downhill slide for any government bureaucracy that is no longer required. Americans don't need to enforce drugs; they need to control them. Ultimately, it is the individual that chooses what food, liquid, medicine, or substance is ingested. I urge you to surrender you wasteful law enforcement charter under the justice department arm. Turn in your guns, badges, and pledge allegiance to the department of health and human services. You can save face historically by remaining the head of the DEA (Drug Education Agency). Send your jack-booted thugs to air marshal training where they can play wanna-be warriors protecting the flying public from more violence. [ Post Comment ] Comment #2 posted by lookinside on November 04, 2001 at 09:28:49 PT: sanity! i'd move to S.F. in a hot second if i could afford it...90 miles away, i don't dare put a seed in the ground because our DA would send me to prison for 3 years... [ Post Comment ] Comment #1 posted by FoM on November 04, 2001 at 09:13:52 PT Let Us Be! Come on people in charge give state's their rights, like Bush said is important just the other day! [ Post Comment ] Post Comment