Pubdate: Sat, 15 Jul 2000
Source: San Jose Mercury News (CA)
Copyright: 2000 San Jose Mercury News
Contact:  750 Ridder Park Drive, San Jose, CA 95190
Fax: (408) 271-3792
Website: http://www.sjmercury.com/

CITY IDS ENTITLE SICK TO USE MARIJUANA

Card-Holders Safe Under Local Law

SAN FRANCISCO -- With $25 and a doctor's note, sick people can get an
official city ID card entitling them to use marijuana, the city
district attorney 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 medicinal 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 medicinal
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 medicinal 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 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 medicinal 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.

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
medicinal users from recreational ones.
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MAP posted-by: Larry Stevens