Pubdate: Tue, 25 Mar 2003
Source: Pride, The (CA Edu)
Copyright: 2003 The Pride
Contact:  http://www.csusm.edu/pride/
Details: http://www.mapinc.org/media/2848
Author: Jeanne Sapp
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)
Note: editor prefers email LTEs

MEDICAL MARIJUANA: PART 1 - INFORMATION AND ACTIVISM

Thousands of sick and dying people wake up in excruciating pain every day.
While traditional pain treatments may no longer be effective, some have
found one that is. The problem is that its use is against the law.  People
suffering from illnesses as varied as anorexia, migraines, chronic pain,
AIDS, and cancer have found relief by smoking marijuana, and the federal
government is taking action against them.

The Proposition

Proposition 215, The Compassionate Use Act of 1996, passed by a small
majority of California voters, provides for the growing and possession of
small quantities of marijuana. State police have been instructed about how
to handle citizens who are found with small amounts of marijuana for medical
use, since patients and their caregivers may grow and possess marijuana for
medical purposes in the State of California.

Prop. 215 added a section to the California Health and Safety code providing
that "seriously ill Californians have the right to obtain and use marijuana
for medical purposes when that medical use is deemed appropriate and has
been recommended by a physician who has determined that the person's health
would benefit from the use of marijuana."

In February of this year, the San Diego City Council adopted guidelines
based on recommendations from the Medical Cannabis Task Force and local
police. According to the guidelines, a qualified patient or caregiver may
possess one pound of marijuana and grow up to 24 marijuana plants indoors.
These guidelines went into effect immediately, and will be reviewed after
two years.

Federal law, on the other hand, forbids possession of any amount of
marijuana. This conflict among governmental agencies, and the question of
state sovereignty versus federal jurisdiction, is more than academic.

The Activist: T'was in another lifetime; One of toil and blood=85*

Steve McWilliams, leader of the medical marijuana information organization
"Shelter from the Storm," has recently accepted a plea agreement that was
offered by federal government prosecutors.  He was charged with growing 25
marijuana plants in his yard. Had he been convicted of this felony, he would
have faced a prison sentence of a minimum of five years due to additional
charges from an earlier raid by federal officers.

The guidelines adopted by the San Diego City Council seem generous, since
marijuana is still considered an illegal drug by the federal government.
However, McWilliams considers them restrictive, unnecessary, and in
violation of the will of the voters as expressed in the passage of Prop.
215.

McWilliams smokes marijuana in order to alleviate the pain he suffers from a
motorcycle accident. He and his housemate cultivate the drug for their own
medical use. "We considered ourselves an information resource center," said
McWilliams, and clarifies that they never sell or distribute marijuana. "We
are very strict," he says. He continues that "for protection under the law,"
he requires the patients who approached him to have a letter from their
physician, stating that the patient would be helped by using marijuana.
McWilliams would then teach the patient how to cultivate their own plants.

McWilliams uses his home garden as a model for how to successfully cultivate
the plants, which are notoriously difficult, time-consuming to grow, and
plagued with problems, including pests. According to McWilliams, it takes
about four months for a plant to fully mature from seedlings. He has invited
patients, police officers, and city council members to his home to view the
garden. Although it is behind a protective fence, he says that he has been
very open about his activities.

According to McWilliams, there are a number of countries investigating
therapeutic marijuana, including New Zealand, Portugal, and Spain. Locally,
UCSD is conducting a similar study on marijuana. Tests being conducted in
the U.S. have determined that inhaling marijuana through a vaporizer
delivers therapeutic benefits without the risks inherent in smoking the
plants' leaves.

McWilliams now faces a possible prison term of six months. After his case is
resolved and he has served any possible sentence, he will be leaving the
area. "San Diego is a police state," he said.  He plans to move to northern
California, where medical marijuana laws are more liberal. "I believe in
democracy. I believe in America," said McWilliams, but he added, "today,
sick and dying people have the right to this medication."

*Shelter From the Storm Bob Dylan, copyright 1974.