Pubdate: Wed, 25 Jul 2001
Source: Santa Barbara News-Press (CA)
Copyright: 2001 Santa Barbara News-Press
Contact:  http://www.newspress.com/
Details: http://www.mapinc.org/media/393
Author: Joshua Molina

COUNCIL BACKS MEDICINAL MARIJUANA PLAN

City Will Urge Officials To Support Bill

There will be no ordinance allowing medicinal marijuana in Santa Barbara 
any time soon. Instead, the Santa Barbara City Council on Tuesday voted to 
send letters to state and federal officials urging them to support state 
Senate Bill 187. That bill would develop a plan to implement the 
voter-approved Proposition 215, which in 1996 legalized medicinal marijuana 
use in California with a doctor's recommendation. The vote was 4-2, with 
Mayor Harriet Miller and Councilman Tom Roberts opposing the measure.

Councilman Rusty Fairly was absent.

Mayor Miller and Councilman Roberts made clear that they weren't opposed to 
sending letters, but that they wished the city's Ordinance Committee had 
figured out a way to do more and possibly implement Prop. 215 at the city 
level. "I am severely disappointed by the recommendation," Mr. Roberts 
said. "We've shown the ability to lead here. You have to start somewhere to 
address this issue."

Mayor Miller, too, said she was disappointed that "we have people out there 
who need this kind of medication," and nothing is being done to help them. 
Marijuana is recommended by some doctors to relieve the often debilitating 
symptoms of AIDS, epilepsy, glaucoma and multiple sclerosis, as well as 
side effects from the treatment of cancer.

But since the passage of Prop. 215, jurisdictions across California have 
been debating its legality -- it conflicts with a federal ban on marijuana 
use. In a meeting earlier this month, the Ordinance Committee, comprised of 
mayoral candidates Marty Blum and Gil Garcia, along with Gregg Hart, said 
that guidelines regarding Prop. 215 needed to be clarified.

They also said that unless an agreement to cooperate could be made with 
county law enforcement agencies, approving a city ordinance would "provide 
a false sense of security over possession or use of marijuana."

The committee members said that the city and county law enforcement 
agencies had never reached an agreement concerning how state and federal 
laws could co-exist. Council members hope that if Senate Bill 187 is 
passed, the city and law enforcement agencies will reach an understanding. 
On Tuesday, Santa Barbara County District Attorney Tom Sneddon said he is 
just following the law. "We're not doing anything other than what the law 
tells us," he said. In May, the U.S. Supreme Court ruled that there is no 
medical necessity exception to the U.S. Controlled Substance Act, which 
prohibits the manufacture and distribution of marijuana except for 
government-funded studies.

The high court handed down the ruling as a result of an Oakland cannabis 
club's efforts to distribute marijuana to ill patients with a doctor's 
recommendation. But Bruce Rittenhouse, a mayoral candidate and longtime 
activist on several issues, including medicinal marijuana, told the council 
on Tuesday that Prop. 215 has nothing to do with distribution, and that 
there's absolutely no reason the city can't implement state law. "I'm 
extremely disappointed," Mr. Rittenhouse said. "I am casting stones at the 
Ordinance Committee. I think you failed."

Councilwoman Blum, however, disagreed, calling it a sticky issue. "For us 
to say it is legal in the city, but the district attorney will prosecute, 
is really problematic," she said.
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MAP posted-by: Beth