Pubdate: Wed, 06 Jun 2001
Source: Sacramento Bee (CA)
Copyright: 2001 The Sacramento Bee
Contact:  http://www.sacbee.com/
Details: http://www.mapinc.org/media/376
Author: Don Thompson, Associated Press Writer
Bookmark: http://www.mapinc.org/find?115 (Cannabis - California)
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)
Bookmark: http://www.mapinc.org/ocbc.htm (Oakland Cannabis Court Case)

SENATE BUCKS FEDS AND APPROVES MEDICAL MARIJUANA LICENSING

Conservative and liberal senators joined Wednesday to pass a statewide 
medical marijuana registry that could test the limits of an adverse U.S. 
Supreme Court decision last month.

The measure pits California's landmark medical marijuana law against last 
month's U.S. Supreme Court decision that Proposition 215 cannot supersede 
federal laws against marijuana distribution. Since voters approved the 
ballot initiative in 1996, eight other states have passed similar measures.

"We need to go forward to force the issue," argued conservative Sen. 
Maurice Johannessen, R-Redding. "Law enforcement in some areas has zero 
tolerance. Law enforcement in other areas says, 'Two pounds -- is that all 
you have?' -- and kicks them loose."

The measure passed the Senate 23-8, reflecting its unusual support by both 
medical marijuana advocates and law enforcement officials from Attorney 
General Bill Lockyer on down. It now goes to the Assembly.

Patients and caregivers -- those who provide the patients with marijuana -- 
would be immune from arrest on state charges if they join the statewide 
registry.

The measure also bars state prosecution of doctors who recommend marijuana 
to their patients, and allows caregivers to cultivate marijuana 
cooperatively for medical purposes under the auspices of the state 
Department of Health Services. Distribution by such marijuana clubs was 
specifically outlawed by the Supreme Court decision.

Law enforcement organizations said they want an easily verifiable, uniform, 
statewide registry so they don't waste time and money charging a legitimate 
medical marijuana user who will go free under California law. Supporters 
said California has had difficulty enacting its law to date because of the 
conflict with federal statutes.

Johannessen joined with the bill's liberal author, Sen. John Vasconcellos, 
D-Santa Clara, in backing marijuana's use by patients with AIDS, anorexia, 
arthritis, cancer, chronic pain, glaucoma, multiple sclerosis, epilepsy and 
other chronic conditions, despite the Supreme Court's ruling that there is 
no valid medical use under federal law.

"It may have some medical use -- we need to identify it," argued 
Johannessen. "If (the disease) is terminal, who cares if they become addicted?"

The measure requires county health departments to process the registry 
applications to shield them from police, and gives the state Department of 
Health Services a year to determine how much marijuana patients and 
caregivers should be allowed to possess. The department estimates the 
registry would cost $2.2 million a year to maintain.

On the Net: Read SB187 on the Web -- http://www.sen.ca.gov/
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MAP posted-by: GD