Pubdate: Sat, 11 May 2013
Source: Inland Valley Daily Bulletin (Ontario, CA)
Copyright: 2013 Los Angeles Newspaper Group
Contact:  http://www.dailybulletin.com/
Details: http://www.mapinc.org/media/871
Authors: Sandra Emerson and Wes Woods II

LEGISLATIVE ACTION NEXT STEP FOR PRO-MARIJUANA ADVOCATES

The state Supreme Court's decision upholding local governments' right 
to ban medical marijuana dispensaries left pro-marijuana advocates to 
rely on legislative action to ensure patients access to marijuana.

Although the court recognized the legality of medicinal marijuana 
use, they did uphold the constitutional rights of the nearly 200 
cities and counties throughout the state to ban dispensaries.

"I think the take-home from the court's decision wasn't a big 
surprise, it just really underscored the need of the state to step up 
and provide comprehensive regulations which is in everybody's 
interest," said Tamar Todd, senior staff attorney with Drug Policy 
Alliance's legal affairs office in Berkeley. "The patients need 
access. Law enforcement needs clarity, and localities need help in 
regulating. "

The decision written by Justice Marvin R. Baxter, concluded by 
saying, "Of course nothing prevents future efforts by the 
Legislature, or by the people, to adopt a different approach. In the 
meantime however, we must conclude that Riverside's ordinances are 
not preempted by state law. "

The decision was made in the case involving the city of Riverside and 
medical marijuana dispensary Inland Empire Patients Health and 
Wellness Center, which questioned the city's ordinance banning 
dispensaries. Although the Compassionate Use Act of 1996 
decriminalizes the use of marijuana for medicinal purposes, it did 
not set up a legal system for distributing medical marijuana.

The Medical Marijuana Program, approved by the state Legislature in 
2004, established a medical marijuana identification card program, 
but does not require municipalities to allow dispensaries for patient access.

Lanny Swerdlow, founder of Inland Empire Patients Health and Wellness 
Center, which has closed, is now working with the Brownie Mary 
Democratic Club of Riverside - the first political party affiliated 
cannabis club in the state, according to the club's website.

"The name of the game is paying off politicians," Swerdlow said. 
"Either with time, volunteering or money. We're going to have to join 
that game or be on the short end of the stick. "

Swerdlow also plans to work with Americans for Safe Access and 
legislators trying to enact legislation, such as Assemblyman Tom 
Ammiano, D-San Francisco, who has authored a bill that would create a 
regulatory agency under the state's Department of Alcoholic Beverage 
Control. It would establish statewide standards for cultivation, 
testing, manufacturing, transportation, distribution and sales of 
medical marijuana and medical cannabis products.

The bill does not address the abilities of cities and counties to ban 
dispensaries, but the assemblyman's hope is the reassurance that 
dispensaries can operate safely, legally and without threat to public safety.

The intent is also to show the federal government that it is not 
necessary for them to crack down on well-regulated and non-criminal 
enterprises, according to a spokesman for Ammiano.

"It is Mr. Ammiano's hope that by doing this he can take away a great 
deal of the anxiety that some of the jurisdictions feel with respect 
to allowing medical marijuana dispensaries," said Carlos Alcala, 
communications director in Ammiano's office. The bill has made it 
through its first committee.

State Senate President Pro Tem Darrell Steinberg, D-Sacramento, has a 
bill in front of the Senate that would protect operators of medical 
marijuana dispensaries that meet security standards set by the state 
attorney general from being prosecuted for marijuana possession or sales.

Scott Chipman, co-chair for Citizens Against Legalizing Marijuana in 
Southern California, said his group will continue to push back 
against pro-marijuana groups attempting to get marijuana legalized 
for recreational use.

"We know that there are many people in California that are addicted 
both chemically and financially to marijuana," he said. "We're going 
to continue our efforts to keep marijuana illegal and to convince the 
citizens of California, marijuana is harmful and should not be legalized. "

Chipman said he does expect pro-marijuana groups to push for 
legislation and legalization despite the Supreme Court's decision.

"Is this issue over? No," he said. "I think we're just right in the 
middle. This decision marks a turning point because over 90 percent 
of the cities and counties in California have already passed or are 
prohibiting dispensaries. "

Chipman said he does not believe localities will reverse their bans 
because they have seen the impact dispensaries have on the community.

"So they all think and see what they are and how they operate and 
made the decision they're a public nuisance and health hazard risk 
for public safety and the health and welfare of citizens of their 
cities and counties," he said.

Jack Pitney, a politics and government professor at Claremont McKenna 
College, said the real solution would have to come at the federal level.

"Whatever else California does, possession is still a federal crime. 
And as long as it's a federal crime its legal status is 
questionable," Pitney said.

Pitney said medical marijuana legalization on the federal scale would 
be unlikely to pass a Republican-controlled House of Representatives.

"This administration seems to put less emphasis on prosecution, but 
that could change with another attorney general or another president, 
so the settlement of the issue involves federal government, not 
states or localities," he said.
- ---
MAP posted-by: Jay Bergstrom