Pubdate: Fri, 14 Jul 2000
Source: CNN.com (US Web)
Copyright: 2000 Cable News Network, Inc.
Contact:  http://cnn.com/feedback/
Website: http://www.cnn.com/
Forum: http://community.cnn.com/

SAN FRANCISCO ISSUES ID CARDS FOR MEDICAL MARIJUANA USERS

SAN FRANCISCO (AP) -- With $25 and a doctor's note, sick people can get an 
official city ID card entitling them to use marijuana, the city's maverick 
district attorney proudly announced Friday.

The program shields card-holders caught with the drug from local 
prosecution -- though marijuana possession remains illegal under federal law.

"This represents another stone in the foundation we're building to make 
people recognize that cannabis is a legitimate medicinal agent," said 
District Attorney Terence Hallinan. "I'm not really worried we won't be 
able to work things out with the federal government."

Californians voted to legalize marijuana for medical use in 1996, but the 
ballot measure they approved has been entangled in legal disputes ever since.

The Office of National Drug Control Policy has long opposed medical 
marijuana initiatives, considering them backdoor routes to legalizing 
marijuana. Agency officials refused to comment on San Francisco's new ID 
program.

In addition to California, measures approving the medical use of marijuana 
have passed in Alaska, Arizona, Hawaii, Maine, Nevada, Oregon and 
Washington state.

While federal opposition to marijuana remains strong, there are signs that 
government arguments against states' medicinal marijuana measures may be 
weakening.

A federal judge on Friday hinted he may be forced to allow an Oakland club 
to distribute medicinal marijuana because the Justice Department hasn't 
rebutted evidence that cannabis is the only effective treatment for a large 
group of seriously ill people.

U.S. District Judge Charles R. Breyer of San Francisco said he would rule 
Monday in the complex case, which draws in the wider conflict between 
California's medical marijuana initiative and federal drug regulations.

Jane Weirick, who uses marijuana to alleviate pain from a back ailment, 
said the city's ID cards will "finally give us legitimacy."

"I was taking prescription opiates and was stuck in bed all the time," she 
said. "When I started taking cannabis, I was finally able to function. It 
was like night and day."

Former state Attorney General Dan Lungren opposed any attempt to carry out 
the 1996 ballot measure and shut down most of the state's informal 
marijuana distribution clubs.

But since Bill Lockyer took over as attorney general last year, the state's 
position has shifted toward support for the creation of a statewide 
marijuana ID program.

"When Proposition 215 passed, many prosecutors said they wouldn't enforce 
it," said San Francisco Department of Public Health Director Mitch Katz. 
"But things are different in San Francisco."

As a prosecutor, Hallinan, who describes himself as "America's most 
progressive district attorney," has refused to carry out the government's 
War on Drugs, choosing instead to send minor drug offenders to diversion 
programs.

His stance on marijuana is shared by a growing number of law enforcement 
officials elsewhere in Northern California, where attitudes toward 
marijuana have a decidedly mellow tone. Similar marijuana ID programs 
already are in use in Mendocino County and Arcata.

To get the card in San Francisco, a doctor must sign a form agreeing to 
monitor the patient's medical condition. The cards are good for up to two 
years, and minors can get them too with approval from a parent or guardian. 
The program doesn't address how card-holders will obtain the drug. It 
merely shields them from prosecution -- and then only local prosecution.

Police officials have described it as an efficient way to distinguish 
medical users from recreational ones.

"This is a wonderful civics lesson that could only occur in a place like 
San Francisco," said Police Department Assistant Chief Prentice Sanders. 
"We find that this is an orderly way to carry out the law and the will of 
the people."
- ---
MAP posted-by: Keith Brilhart