Pubdate: Thu, 13 Feb 2003
Source: Oakland Tribune, The (CA)
Copyright: 2003 MediaNews Group, Inc. and ANG Newspapers
Contact:  http://www.oaklandtribune.com/
Details: http://www.mapinc.org/media/
Author: Donna Horowitz, Staff Writer
Bookmarks: http://www.mapinc.org/find?115 (Cannabis - California) , 
http://www.mapinc.org/mmj.htm (Cannabis - Medicinal), 
http://www.mapinc.org/people/Ed+Rosenthal

SUPERVISOR HAGGERTY OPPOSES PROPOSED POT CARDS

He allows full board to consider medical marijuana plan

Alameda County Supervisor Scott Haggerty has blasted a proposal by a 
colleague to issue medical marijuana identification cards, calling it a 
"half-baked ordinance."

Haggerty strenuously opposed Supervisor Nate Miley's proposed ordinance 
because he said "this is setting people up for attorney's fees, nights in 
jail and false hopes."

Haggerty said if people with medical marijuana cards are pulled over by 
Fremont police and found with the drug, there's no assurance they wouldn't 
be booked into jail.

"I'm not going to create my own Mr. Ed Rosenthal," he said, referring to 
the case of the Oakland man who recently was convicted of three felonies 
and faces up to 85 years in prison, although he was growing marijuana as an 
officer for the city of Oakland for medical marijuana users.

Haggerty made his comments Monday at the board's Public Protection 
Committee, which he chairs. Haggerty initially vowed to let Miley's 
proposal die in committee, but later relented and agreed to send it to the 
full board without a committee recommendation.

Joe DeVries, field director for Miley, said Tuesday police who seize a 
medical marijuana user's drug could face civil action for confiscating 
property, false arrest and denying a sick person his or her medicine.

Angel McClary-Raich, an Oakland medical marijuana patient who uses nine 
pounds of pot a year to treat her health problems, said the identification 
cards would "help us feel safe," although she conceded they wouldn't help 
with the federal government.

Voters in California approved Prop. 215, which allows the use of marijuana 
for medical purposes. However, federal law bans possession or use of 
marijuana, even for medical reasons.

Although eight county police chiefs and the sheriff have said they wouldn't 
honor the identification cards, DeVries noted that the police would have to 
abide by whatever their city councils decided.

DeVries bristled at Haggerty's characterization of the ordinance, saying 
the County Counsel's Office had drafted it by incorporating similar 
regulations from San Francisco and Marin County, as well as San Diego. He 
said the card also would help legitimize medical marijuana use with an 
employer, loved one or potential in-law.

Board President Gail Steele, the other Public Protection Committee member, 
also said she didn't think Miley's ordinance was ready to go to the full 
board, although she didn't feel as strongly about the matter as Haggerty. 
The card debate has not been scheduled before the board.

Steele has been bothered by potential abuses by caretakers who might grow 
and then supply pot to others besides the ill person. DeVries offered a 
compromise to respond to her concern, saying Miley was willing to consider 
limiting the number of caregivers per patient to two or three, or whatever 
the public health department deemed was the right number. Under the 
proposal, the public health department would oversee the program, which 
would be run by an outside agency.
- ---
MAP posted-by: Jay Bergstrom