Pubdate: Tue, 14 Jun 2005
Source: San Francisco Bay Guardian, The (CA)
Copyright: 2005 San Francisco Bay Guardian
Contact:  http://www.sfbg.com/
Details: http://www.mapinc.org/media/387
Author: Kamala D. Harris, San Francisco District Attorney

SAFE MEDICAL POT

LAST WEEK THE U.S. Supreme Court ruled that state law does not protect
patients who use medicinal marijuana from federal prosecution. One of
the most important questions for us locally is: Does this decision
change anything for patients in San Francisco who rely on medicinal
marijuana to alleviate their suffering and pain?

In the wake of the ruling, the position of the San Francisco District
Attorney's Office remains consistent: We will not prosecute people who
use or sell marijuana for medicinal purposes.

The most important goals to me on this issue are ensuring the rights
of patients to access treatments they need for serious medical
conditions, and protecting the safety of our community. The Bush
administration's approach on medical marijuana threatens both of those
goals. This is not only an issue of compassion for sick and elderly
citizens but also a matter of public safety.

Taking away safe access to this medicine will not stop patients from
using medical marijuana. On the contrary, fear of arrest or
prosecution by federal authorities could discourage patients and their
caregivers from safely accessing it at dispensaries and force them to
turn to other, more dangerous means. As a community, we do not want to
go back to the days when frail and sick people could be forced to
purchase medical marijuana in city parks from drug dealers under the
cover of night. The decision threatens the safety of the frail and
elderly and puts communities at risk.

In last week's ruling, the court decided that the federal government
could prosecute individuals who use medical marijuana, despite our
state law permitting it. Progressives generally support an expansive
reading of the Constitution's Commerce Clause, which has been
important in addressing problems like child labor and in enforcing
civil rights laws. But its use against the sick people using medical
marijuana is not compassionate.

It is wrong to pursue policies that punish Americans who are sick and
use small amounts of marijuana in private as prescribed by a doctor.
It is a much smarter use of law enforcement resources to focus on real
threats to community safety, such the as trafficking and production of
methamphetamine, heroin, and crack cocaine.

In my own life, I have had loved ones and close friends who relied on
medical marijuana to relieve their suffering and even prolong their
lives. San Franciscans have long supported the use of medical
marijuana to help alleviate the pain experienced by those who suffer
from such ailments as AIDS, cancer, multiple sclerosis, epilepsy, and
chronic pain.

Locally, we need to make improvements to address public safety and
fire concerns. In addition, we need to create regulations to ensure
patients are getting safe, nontoxic medicine. I formed, and have been
meeting with, a medical marijuana advisory group =AD a group of
leaders from the medical marijuana community whom I have asked to
advise me and to discuss community impacts.

As the chief law enforcement official of this great city, it is my
duty to protect the most vulnerable among us from harm. That includes
those who are sick and seek care through medicinal marijuana. I pledge
to continue this important work.
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