Pubdate: Thu, 11 Oct 2012
Source: San Diego Union Tribune (CA)
Copyright: 2012 Union-Tribune Publishing Co.
Contact:  http://www.utsandiego.com/
Details: http://www.mapinc.org/media/386
Author: Jan Goldsmith

LEGALIZING MEDICAL MARIJUANA THE RIGHT WAY

"If it makes terminally ill patients feel better, who are we to tell
them no?" argued then-California Assemblyman Jim Rogan in May 1995. I
remember those words quite clearly, not only because I was there when
he spoke them, but because I agreed with my Assembly colleague.

Before Proposition 215, California lawmakers took a stab at legalizing
medical marijuana. AB 1529 was pending before the state Assembly. It
needed 41 votes for approval and it had 35. Six additional votes were
needed to support the bill or it would die.

The bill passed with the minimum 41 votes. Three Republican Assemblymen 
supplied the final votes allowing AB 1529 to pass on to the Senate: 
Rogan, a former prosecutor and judge; former Contra Costa County Sheriff 
Richard Rainey and me.

The bill ran afoul of federal law and needed tighter regulations. The
idea was to negotiate with the feds and work out an exemption. But,
nothing of that magnitude could have occurred in such a short period
of time. Ultimately, Gov. Pete Wilson vetoed AB 1549 because, among
other reasons, marijuana remained illegal under federal law. That
opened the door for Proposition 215 the following year.

Now it's been 17 years and the problems that fatally flawed AB 1529
and Proposition 215 have still not been addressed. The irony is that
I, a former legislator who supported medical marijuana because it was
the right thing to do, am now charged with closing illegal
dispensaries that abuse the law, thereby curtailing access to those I
sought to help as a legislator.

Today, I firmly stand with the U.S. attorney in our joint effort to
enforce the law. We have shuttered well over 100 dispensaries in San
Diego and will continue to seek and enforce court orders without
hesitation. Pot shops are not permitted under San Diego's local law.
Moreover, federal law classifies marijuana as an illegal substance. It
is a federal crime to possess, sell or transport marijuana. Those who
rent to marijuana dispensaries can lose ownership of their buildings
under federal drug forfeiture laws. And, nothing done on the state or
local level can change federal law. Any effort toward legalization
must begin with a change in federal law.

Allowing an exemption in federal law for those with serious illnesses
to deal with their pain would be the right thing to do. But, that
exemption should not permit the chaotic system of dispensaries we have
seen throughout California.

Let's be clear: In approving Proposition 215, California voters did
not legalize marijuana for recreational purposes. This notion of pot
shops on every corner is ridiculous unless the goal is to sell to
children who frequent our neighborhoods. Many (but not all) of the
marijuana dispensaries we have shuttered were phony attempts at
achieving legalization through the back door. Those who were making
bundles of money enticing customers with phony medical marijuana cards
"issued" through Skype by a phony "provider" were no better than the
neighborhood drug dealers.

Rather than looking to California for a reasonable exemption, the feds
should look to the state of Connecticut. Perhaps learning from
California's mistakes, Connecticut recently legalized marijuana for
medicinal purposes by enacting a bill that may not be perfect or even
legal under federal law, but is far superior to the train wreck of a
law created by Proposition 215 in 1996.

Under Connecticut's new law, a licensed physician must certify there
is a medical need for marijuana to help patients deal with a specific
list of serious conditions such as cancer, AIDS, Parkinson's or
multiple sclerosis. Once prescribed by a doctor, only a pharmacist
with a special license can dispense medical marijuana. Although this
is not an airtight process, it is about as close as we can get, and a
lot better than neighborhood pot shops.

Using portions of Connecticut's plan as a starting point, it is time
to open discussions about amending federal law. Let's learn from our
17-year mistake, however, and do this in a way that does not invite
exploitation by crooks, but allows marijuana access to help those with
serious illnesses deal with their pain. After all, "if it makes
terminally ill patients feel better, who are we to tell them no?"

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Goldsmith was recently re-elected to his second term as San Diego city
attorney. Previously, he served three terms in the state Legislature,
10 years on the San Diego Superior Court and has served as mayor of
Poway. He has been an attorney since 1976.
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MAP posted-by: Matt