Pubdate: Fri, 29 Oct 2004
Source: California Aggie, The (UC Davis, CA Edu)
Copyright: 2004sThe California Aggie
Contact:  http://www.californiaaggie.com/
Details: http://www.mapinc.org/media/2725
Author: Christian Danielsen
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)
Bookmark: http://www.mapinc.org/find?115 (Cannabis - California)

LEGAL MARIJUANA SALES BANNED IN SACRAMENTO, FOR NOW

Cities Scramble To Regulate Medicinal Use

Sacramento County renewed a temporary ban on medical marijuana dispensaries 
last week in order to draft rules for the controversial facilities. The 
10-month ban is an extension of a 45-day ban started on Sept. 21 in 
response to a request by Sacramento resident John Ambrosini to open a 
dispensary. Ambrosini's request was denied by the Sacramento Planning 
Department on zoning grounds, a decision he is challenging through 
administrative appeal.

The use of marijuana for medical purposes has been legal under state law 
since 1996, when Californians passed Proposition 215, the Medical Marijuana 
Act. Since then the law has remained in a legal gray area, as the 
possession, use or distribution of marijuana for any reason is still 
illegal under federal law. "It's a very complicated situation," said 
Ambrosini's lawyer Jeffery Kavitz. "But, the fact is, there is no system 
for people to receive their medication in a lawful manner.

If there isn't a place where they can get it, then the intent of the law is 
thwarted." While disappointed the board did not act immediately, Kavitz 
said he was pleased they established a task force that will report back 
with recommendations for regulating the legal sale of marijuana. "At the 
hearing, one of the supervisors even told a story about one of her friends 
who uses marijuana for medical relief," Kavitz said. Despite repeated 
attempts, none of the supervisors could be reached for comment on any 
opposition to allowing regulated dispensaries. Kavitz noted that 
establishing regulations would only be a first step towards a system that 
would fulfill the intent of Proposition 215. The law also mandated that 
counties establish a special identification system for people who are using 
marijuana for medical purposes.

No county has done that, he said, leading to the inadvertent arrests of 
people who are allowed to possess the drug under state law. The Davis City 
Council extended their own 45-day moratorium to 10 more months on Sept. 14, 
asking staff to return with regulation recommendations within three months.

The cities of Auburn, Citrus Heights and Elk Grove all have ordinances that 
regulate the sale of medical marijuana.

UC Davis junior Danny Kelley has a doctor's recommendation for medical 
marijuana to treat pain from scoliosis and shoulder surgery.

He said the drug provides him relief without using drugs he doesn't trust. 
"I don't really like taking chemicals," he said. "I prefer this because 
it's pretty much natural, and it definitely works." As for groups that deny 
that marijuana has any medical value, Kelley shrugs them off. "Don't knock 
it until you've tried it," he said.