Pubdate: Thu, 20 Oct 2011 Source: Reporter, The (Vacaville, CA) Copyright: 2011 The Reporter Contact: http://www.thereporter.com/ Details: http://www.mapinc.org/media/472 CLARIFY RULES ON MEDICAL MARIJUANA Fifteen years after state voters approved marijuana use by those in medical need, it's time for state and federal officials to hammer out reasonable guidelines for implementation. Our current system is not working. At the same time, pot cultivators and distributors need to recognize that some of them are part of the problem that has led to this month's announced federal crackdown on the rapidly growing medicinal pot industry. While voters blessed providing for suffering patients, they did not approve turning California into a base for distributing marijuana across the nation. This is not a debate over the legalization of marijuana for the general population. While there are many thoughtful arguments for treating pot like alcohol, California voters last year rejected that idea. Clearly, they did not want the state to act unilaterally on that in defiance of federal law. Meanwhile, the battle over medical marijuana rages on. We've been at this since 1996, when voters approved Proposition 215 "to ensure that seriously ill Californians have the right to obtain and use marijuana for medical purposes" when recommended by a physician. In 2003, the Legislature and then-Gov. Gray Davis approved legislation setting down specific rules for implementation. Among them: Cultivation and distribution were not to be for profit. At the same time, all pot remains illegal at the federal level. Yet, the Obama administration's Justice Department has been consistent about its enforcement. It has stated that it will not go after patients and caregivers operating within state law. On the other hand, it has said it will aggressively pursue for-profit marijuana enterprises. The administration first served notice in 2009, and has not changed its position. Too many weren't listening. Producers and distributors marketed their product like candy, going so far in San Jose as to employ a sign-waver to try to attract customers to one dispensary. Some doctors handed out prescriptions indiscriminately. City officials in communities such as Oakland and Richmond viewed pot as just another growth industry and tried to tap it as a source of tax funds. Collectively, they were daring the federal government to step in. So it should have been no surprise when U.S. prosecutors on Oct. 7 announced a crackdown on the profit-making enterprises. Meanwhile, local officials, doctors and nonprofit marijuana distributors who are trying to comply with state law and the voters' wishes remain in legal limbo, uncertain what they can and cannot permit. State legislators and Gov. Jerry Brown must step in. They must craft rules for a reasonable cultivation and distribution system that ensures patients get the pot they truly need -- no more, no less. For its part, the Obama administration must join the discussion and signal what it is willing to accept. This should not be a back-door entrance to general pot legalization. That's a different debate, and it's not what voters approved. Moves in that direction are not only drawing the federal reaction, they are hurting efforts to help those in medical need. - --- MAP posted-by: Matt