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. - --- MAP posted-by: Beth