Pubdate: Thu, 21 Dec 2000 Source: Times-Standard (CA) Copyright: 2000 The Times-Standard Contact: 930 Sixth St. Eureka, CA 95501 Fax: 707-441-0501 Feedback: http://www.times-standard.com/AngEuk_feedback.asp?PUID=5106&SPUID=5106 Website: http://www.times-standard.com/ MEDICAL MARIJUANA MEASURE MASKS LARGER FAILURE OF VISION County supervisors made a cautious move this week that should provide some help to medical marijuana users without taking the county onto shaky legal ground. The U.S. Supreme Court eventually will rule on California's Proposition 215, and it makes no sense for the county to anticipate their decision. The Public Health Department will issue identification cards to medical marijuana users who can produce a legitimate recommendation from a licensed physician -- doctors can't actually "prescribe" marijuana, because it's a herbal remedy, not part of the recognized pharmacopoeia. The county policy includes restrictions to reduce (it cannot eliminate) the likelihood that the cards will be abused. What the county did not do is resolve the greatest source of present controversy, by specifying how much marijuana a patient may legally possess, or a "provider" may grow. This will continue to be left to the judgment of individual police officers, following a departmental rule-of-thumb. Most are not likely to err on the side of generosity. That means we will continue to hear angry complaints -- some of them perhaps legitimate -- about confiscated pot. A few of these have involved growers who seem to be genuinely trying to comply with the law, and who feel they were punished for their honesty. The medical marijuana initiative, unfortunately, opened the door to massive abuse. Suddenly California was full of invalids who could only find relief in a reefer, and of growers who were selflessly willing to supply scores of such unfortunates with "medicine." Few of them had much difficulty finding a healer of some description who would attest to their medical need. There are, in fact, rather few physical conditions for which marijuana is the remedy of choice. It is not a cure, but primarily a pain reliever. Some sufferers say they experience fewer harsh side effects from it than from other pain-killing drugs. Now marijuana is not a particularly dangerous drug (certainly less so than alcohol and nicotine) and there is no reason why those few cancer, glaucoma and AIDS patients who really would benefit from it should not have it. California voters recognized this when they passed Prop 215 in 1996, and county officials are moving cautiously but, we believe, sincerely to make it possible. We do not for a moment, however, believe that all or even most of the advocates of medical marijuana are sufferers who cannot obtain relief by any other means. Some are people who enjoy smoking pot, or who wish to profit from growing and selling the plant, who have seized on this means to obtain its partial legalization. While there are valid arguments against legalizing marijuana, it might make more sense to regulate, control and tax it like tobacco and alcohol than to condone hypocrisy of this sort. We have been trying to suppress marijuana for almost a century, with no result but a great expenditure of public funds that might have been put to better use. The experience with alcohol prohibition in the 1920s should have been a sufficient lesson in futility. The certainty of political retaliation almost precludes any public official from admitting the failure of present policies or openly discussing more workable alternatives. We are apparently fated to remain locked into our present state of mutually agreed denial. And government officials, doctors, lawyers, police and pot growers will all continue their solemn ceremonial dance around a sad handful of seriously ill people. - --- MAP posted-by: Richard Lake