cannabisnews.com: MMJ Backers Say California Law Needs Tightening 





MMJ Backers Say California Law Needs Tightening 
Posted by FoM on July 16, 2000 at 17:48:33 PT
By Jennifer Coleman, Associated Press Writer
Source: SF Gate
California's groundbreaking medicinal marijuana law is being used in other states as a model of how not to write a law to allow chronically ill patients to smoke the drug. The Compassionate Use Act of 1996 doesn't define the specific amounts of marijuana allowed or say if patients should be registered or required to carry an identification card, and that has created confusion among law enforcement officials, medical personnel, patients and lawmakers, said Gina Pesulima, spokeswoman for Americans for Medical Rights, a group that advises grass-roots organizations promoting medical marijuana laws. 
``Proposition 215 was pretty loosely written,'' Pesulima said. ``We help other states draft tighter laws, which will make it easier for everyone involved.'' Since California voters approved the 1996 law, voters in Alaska, Washington, Oregon and Maine have approved similar laws. Voters in Nevada and Colorado also approved initiatives, but will vote again on their measures this fall. Colorado's was disqualified from the ballot after the election and Nevada's is a Constitutional amendment, which requires approval in two successive elections. The Hawaii Legislature recently approved a law decriminalizing marijuana for medical purposes. Medical marijuana advocacy groups estimate that thousands of people are using the drug under the new laws. Oregon has a voluntary registry that includes about 1,000 patients, Pesulima said, but many users fear giving up their privacy and don't register. California Sen. John Vasconcellos has sponsored a bill that would tighten state law by establishing a registry or identification card system and urging consistent enforcement. The bill was put in the inactive file in the state Assembly, but Rand Martin, a consultant from Vasconcellos' office said he expects it to be approved this year. In the meantime, San Francisco District Attorney Terence Hallinan on Friday announced a plan to issue city ID cards allowing sick people to use marijuana. The cards, which cost $25 and require a doctor's note, allow patients to avoid local prosecution if caught possessing the drug. On Monday, U.S. District Judge Charles R. Breyer is expected to decide if an Oakland club is allowed to distribute medicinal marijuana. He hinted last week he may be forced to permit it because the U.S. Justice Department hasn't rebutted evidence that cannabis is the only effective treatment for a large group of seriously ill people. Gov. Gray Davis has approved spending $3 million over three years to research the benefits and efficacy of marijuana, which is used by some to ease the pain of terminal or chronic illness. Advocates say research could help solve problems that arose from the 1996 measure, such as how best to take the drug, how much to prescribe and how law enforcement officials should treat those with a doctor's recommendation. Even officers who fight drug use support the research, said John Lovell, a lobbyist for the California Narcotic Officers Association. ``We've always supported all dispassionate research into the effects of any drugs. I don't think anyone has any investment in ignorance,'' Lovell said. There are no definitive plans yet for the research, which will be done within the University of California system. Possession and cultivation of marijuana remains illegal under U.S. law, and federal officials have repeatedly told state officials that medical marijuana users risk federal prosecution. Federal defendants who have tried to use the state's law as a defense have failed, said Thomas J. Ballanco, the defense attorney involved in the two biggest cases using the defense. He lost both. In one of them, B.E. Smith was convicted of growing marijuana on federal land in Trinity County. Smith has a doctor's recommendation for marijuana and said he was growing the plants for himself and others who were able to smoke pot under the Compassionate Use Act. Smith is serving a 27-month prison sentence and is appealing the conviction. ``In the cases I've seen at the state level, it has been a successful defense,'' said Ballanco, who had a client who had her marijuana plants seized, then returned by the Los Angeles Police Department. ``We just backed up a truck to the LAPD and drove off with a bunch of marijuana,'' Ballanco said. Pesulima's group, Americans for Medical Rights, provides legal assistance for patients who have been arrested on drug charges and are using the Compassionate Use Act as a defense in state courts. ``We're confident that patients are able to use the law as a defense,'' she said. ``In the cases where there's more of an ongoing battle, it's usually because they have more than the amount allowed for personal use or they are using in public, which is clearly not allowed.'' Sacramento (AP) Published: July 16, 2000©2000 Associated Press  Related Articles & Web Sites:Marijuana.orghttp://www.marijuana.org/Oakland Cannabis Buyer's Cooperativehttp://www.rxcbc.org/index.htmlCCUA Chronology of Implementation http://drugsense.org/CCUA/chrono.htmlMedical Pot Ban Liftedhttp://cannabisnews.com/news/thread6407.shtmlCard-Carrying Medical Pot Users Like Protectionhttp://cannabisnews.com/news/thread6406.shtmlStudy Finds Pot Safe for AIDS Patientshttp://cannabisnews.com/news/thread6390.shtmlA Letter From B.E. Smith's Wifehttp://cannabisnews.com/news/thread3651.shtmlCannabisNews Medical Marijuana Archives:http://cannabisnews.com/news/list/medical.shtml
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Comment #3 posted by Doctor Dave on July 17, 2000 at 11:20:44 PT
The law is pretty clear to me
This law is pretty clear to me: people with a written or oral recommendation from their doctor may legally use, possess, or cultivate cannabis. It's no longer a police issue, it's a medical issue between you and your doctor. What's so tough to understand about that?I think what's tough (in many areas) is the general mentality of police and ignorant citizens towards cannabis users, medical or otherwise. The fact of the matter is that cannabis is the best medicine for some people, and the state has no vested interest in preventing them from using it (as the federal court decision today should spell out). It is a shame that this legal revelation has come too late for Peter McWilliams, may he rest in peace.Cannabis usage is, at its heart, a medical issue. But 60+ years of failed cannabis policy has allowed the government to turn it into a racist, political, financial, and human rights abuse issue. Proposition 215 was the response of the voters to turn it back into a medial issue. And if the people sworn to uphold the law will not listen to the will of the voters, it is clear to me that something is very wrong. This law was not passed by a bunch of far-away people with political ambitions - it was passed by our neighbors, our teachers, our lawyers, our clergy, our blue-collar workers, and even our tired and poor yearning to breath free. These millions of people who voted for Prop 215 knew that this would mean some people in their neighborhoods would be using cannabis medically because of this new law, and they accepted that. It's called "consent of the governed".As kaptinemo so often and so eloquently mentions, now that cracks have appeared in the house of cards that perpetuates the war on medicinal plant users, what's a poor drug warrior to do? Maybe they won't have jobs in a few years? Maybe that oh-so-powerful CA Prison Guards Union is going to be losing a lot of membership. Police will have less control over our personal botanical and medical decisions. But more importantly... the money. The one thing that has overwhelming driven the drug war into a self-perpetuating abomination of lies and human rights abuses... the money... is slowly but surely going to begin to dry up. And that's what any smart drug warrior is going to be worried about. Because too often in this country, money is power. And history has shown us that those in power do not give up their power easily, even if it's the morally correct path to take.
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Comment #2 posted by FoM on July 17, 2000 at 09:52:35 PT
Problems Persist with California's Marijuana Law
Drug Bugs: Problems Persist with California's Medical Marijuana LawBy Jennifer Coleman In the four years since California's groundbreaking medicinal marijuana law, bugs have been detected, other states have been inspired and the federal government remains unhappy. July 17, 2000 | Sacramento, Calif. (AP) Copyright © 2000 Salon.comClick to read the complete article.http://www.salon.com/politics/wire/2000/07/17/marijuana/index.html
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Comment #1 posted by Frank on July 16, 2000 at 18:17:35 PT
yeah right
"Even officers who fight drug use support the research, said John Lovell, a lobbyist for the California Narcotic Officers Association. ``We've always supported all dispassionate research into the effects of any drugs. I don't think anyone has any investment in ignorance,'' Lovell said."What a joke! Their job security depends on maintaining ignorance! If the cops started obeying the law and concentrating on real crime instead of busting the sick and dying, and targeting victimless crimes like recreational drug use, we'd get by with a lot less!
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