Pubdate: Sun, 16 Feb 2003 Source: Press Democrat, The (CA) Contact: 2002 The Press Democrat Website: http://www.pressdemo.com/ Details: http://www.mapinc.org/media/348 Author: Michael Coit, The Press Democrat Note: This article is part of a multi-part series which ran in today's Press Democrat Bookmark: http://www.mapinc.org/find?194 (Hutchinson, Asa) Bookmark: http://www.mapinc.org/find?115 (Cannabis - California) Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal) FEDERAL, STATE LAWS DUEL OVER POT Marijuana Conflicts Yet To Be Resolved By Legislators A string of DEA raids across California triggered an exchange of letters between state Attorney General Bill Lockyer and Asa Hutchinson, the agency's director at the time, highlighting the conflict between state and federal marijuana laws. Lockyer called on Hutchinson to stop what Lockyer described as "punitive expeditions whether or not a crime can be successfully prosecuted." He charged the agency was going after small cooperatives that met local guidelines. Hutchinson replied that the U.S. Supreme Court ruled marijuana had no accepted medical use under federal law and would remain a target under federal drug enforcement efforts until Congress changes the law. "The landscape's not real friendly right now. That seems to be the price we're paying for being open and honest," said Chris Andrian, a Santa Rosa attorney who has defended medical marijuana cases and commended local law enforcement authorities for approving Sonoma County's guidelines. "We're at one of those places where we don't know how things are going to shake out. We're caught in this kind of power play that is leaving patients in the lurch," he said. "Now they're taking more of a chance." California and Arizona voters sparked the conflict by approving initiatives to permit marijuana use for medical purposes in 1996. Seven other states have followed with similar laws: Alaska, Colorado, Hawaii, Maine, Nevada, Oregon and Washington. Congressman Barney Frank, D-Mass., twice has proposed legislation that would enable states to allow marijuana use for medicinal purposes without running afoul of federal drug laws. They were never given a hearing. Frank plans to reintroduce the legislation in the current session of Congress. North Coast Reps. Lynne Woolsey, D-Petaluma, and Mike Thompson, D-St. Helena, have co-sponsored Frank's bill in the past and said they will continue to support the measure. "The voters of California have made their feelings known. The federal government needs to stay within its jurisdiction on this issue, in fact, the U.S. should take California's lead and legalize medical marijuana," Woolsey said. "It defies both compassion and common sense for federal agents to prioritize the prosecution of cancer patients at this crucial time in our nation's history. It's hard to understand how the arrest of a sick grandparent is improving our national security," Thompson said. "The current leadership of the House doesn't have a great track record on this issue, but I remain hopeful that it will be given an opportunity for debate and vote." Several Republican representatives have signed onto Frank's measures, so there is some bipartisan support. But Frank has acknowledged it will be a tough fight. - --- MAP posted-by: Jackl