Pubdate: Wed, 21 Oct 2009
Source: Tribune, The (San Luis Obispo, CA)
Copyright: 2009 The Tribune
Contact:  http://www.sanluisobispo.com/
Details: http://www.mapinc.org/media/391
Author: Bill Morem
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)

STANCE ON MEDICAL MARIJUANA STIRS POT

Announcement gives some users hope for easier access;  officers will
still go after dealers

U.S. Attorney General Eric Holder's announcement Monday  that the
federal government is thinking of throttling  back prosecution of
medical marijuana use has stirred  mixed reactions locally.

Area law enforcement officials see no change of course  in going after
traffickers, while people who rely on  medical pot are cautiously
hopeful that a change in  federal policy means marijuana dispensaries
will reopen  in San Luis Obispo County.

The gist of Holder's comments was twofold: Federal  resources won't be
used to prosecute patients with  serious illnesses or their caregivers
who are complying  with state laws on medical marijuana. On the other
hand, the feds won't tolerate drug traffickers who  "hide behind
claims of compliance with state law to  mask activities that are
clearly illegal."

Rob Bryn, Sheriff's Department spokesman, said he sees  "virtually no
change in the Attorney General's policy  -- it's a reinforcement of a
position the federal  government has taken for some time."

Calling dispensaries "get-rich schemes being  perpetrated by people
wanting to find a loophole, the  federal government still holds that
all marijuana in  any of its forms is illegal," Bryn added.

A call seeking comment from Dr. Josef T. Schwartz, who  advertises
"discrete and comprehensive" medical  cannabis evaluations, was not
returned.

Elaine McKellips, a 57-year-old medicinal marijuana  smoker for the
past five years because of a variety of  illnesses, said Holder's
comments gave her hope.

"Hopefully I won't be so stressed out about where, when  and how I get
it -- and what kind of people I have to  deal with in getting it."

There are several historical pinch-points that have  dogged the
federal vs. state positions on the use of  medical marijuana.

The first was the Controlled Substance Act of 1970 that  classified
marijuana as a drug unacceptable for any  use.

The second was a ruling by the U.S. Supreme Court that  said the
regulation of illicit drugs is a matter of  interstate commerce and as
such is overseen by the  federal government.

The third federal vs. state showdown came when  Californians passed
the Medical Marijuana Initiative,  Prop. 215, in 1996.

But dispensaries have had a tough time in San Luis  Obispo County. The
Central Coast Compassionate  Caregivers dispensary in Morro Bay was
shut down in  April 2007 and its owner, Charles Lynch, was indicted
and convicted on five counts of distributing illegal  drugs. His case
is now on appeal.

A proposed dispensary in Templeton was later blocked.  And Atascadero
has placed a 10-month moratorium on  whether to allow a dispensary in
its city.

Part of the problem with local governments and law  enforcement is
that as of now, there is no one agency  that regulates dispensaries.
This means that it's  unknown how many have opened and where, how they
  operate and whether or not they conform to state law in  that they
don't make a profit.

Bryn noted of the Lynch bust, "One of the reasons we so  aggressively
focused our actions in this county against  this (case) is because of
the clear issues of what's  going on in L.A. today, where there are
gang-related  robberies, shootings and trafficking outside of
dispensaries.

These people aren't in compliance; they're dope dealers  making
money." 
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MAP posted-by: Jo-D