Pubdate: Tue, 03 Apr 2001
Source: Daily Californian, The (CA)
Copyright: 2001 The Daily Californian
Contact:  http://www.dailycal.org/
Details: http://www.mapinc.org/media/597
Author: Bonne Chance

BERKELEY ORDINANCE LIMITS MEDICINAL CANNABIS

(U-WIRE) BERKELEY, Calif. -- Berkeley residents who rely on marijuana for 
medical purposes say they are shortchanged by a new ordinance outlining the 
amount of legal possession.

The decision comes as debate over the extent to which California should 
permit medical marijuana sweeps the nation. Oakland currently has a case 
before the Supreme Court, which will force the justices to determine what 
rights patients have in accessing the drug.

The Berkeley City Council adopted the Medical Marijuana Ordinance last 
Tuesday, which allows patients to possess 2.5 pounds of dried marijuana and 
grow up to 10 plants. The council resoundingly dismissed a dueling proposal 
calling for 144 plants -- deemed "too liberal" by many city officials.

Berkeley is one of the last cities to establish legal guidelines of 
marijuana possession for qualified patients. While San Francisco determines 
legal amounts by examining personal situations, Oakland allows "qualified" 
patients to grow up to 144 plants.

The long-anticipated ordinance was met with rousing disapproval at the 
council meeting from patients who regularly use the drug. After the 8-1 
vote adopting the lesser amounts, the room erupted with chants from nearly 
50 activists, crying out, "We'll see you in court," "Shame on you" and 
"Where's the compassion?" as they walked out of the chambers.

"I think this should be supported by people needing to grow their own 
(marijuana)," said Val Adase of the city's Cannabis Buyer's Co-op. "Not 
everybody can afford what they need for their own. With the 10-plant limit, 
you can have half your crop wiped out by spider mites."

Adase said the growing method is endorsed in Proposition 215, which 
California voters passed in 1996. The  law allows patients, with a doctor's 
approval, to grow and possess marijuana, although it does not specify legal 
amounts.

City officials debated for over an hour the merits of two opposing 
proposals before reaching their decision.  While the approved ordinance for 
2.5 pounds and 10 growing plants originated from the city manager's office, 
the city's Community Health Commission argued for more plentiful amounts -- 
144 plants and six pounds of the  drug per person. It also placed no limit 
on collectives.

City Manger Weldon Rucker cited incidents of past violence and break-ins 
involving marijuana. Increasing  amounts of the drug in residences will 
negatively effect the crime rate city-wide, according to the staff report.

The city has done a good job in curbing illegal drug use, although 
"historically there have been problems," he  said at the meeting.

"I don't want to confuse the issue," Rucker said. "Medical marijuana is 
okay, but I think we have to be practical from the standpoint of 
irresponsible use of marijuana as a drug."

2.5 pounds is not an average, but a "very generous dose," maintained Poki 
Namkung, the city's health officer.

"I think the guidelines that have been established in the city manager's 
ordinance are humane," Namkung said.  "No person who needs medical 
marijuana will be denied access to it with those in place," adding that 
other  state health officers were "astonished" to hear about the 144-plant 
quota for which the commission was  lobbying.

While some city officials were hesitant to ignore the months of work by the 
commission, others said they were  wary to follow Oakland's lead, 
particularly in light of Oakland's pending case in the Supreme Court.

"It really is a shame that our federal government wants to be so tough on 
this plan," said Councilmember Dona  Spring, who was the sole dissenter 
against the ordinance. "They won't do the right thing and make this a 
pharmaceutical product."

Don Duncan, director of the Cannabis Buyers Club in Berkeley, said, if 
necessary, the grop will work on its  own legislation for the November 2002 
election.
- ---
MAP posted-by: Keith Brilhart