Source: Ukiah Daily Journal
Author:  Glenda Anderson, The Ukiah Daily Journal
Contact: P.O. Box 749, Ukiah, CA 95482 
Fax: (707) 4685780 
Pubdate: December 18, 1997

COUNTY TO CONSIDER CANNABIS RESOLUTION

Spurred by a recent San Francisco court ruling, 5th District Supervisor
Charles Peterson this week submitted a draft resolution to the clerk of the
board to try to protect people and clubs who provide marijuana for medical
use.

"I'm afraid it will spur (state Attorney General) Dan Lungren to bust
everybody," he said this morning, referring to the recent. court decision.

His proposed resolution, scheduled to be discussed at the board's Jan. 13
meeting, asks the District Attorney and Sheriff's Office to make
prosecution of people who grow or provide marijuana for medical use a low
priority

While it has no legal standing, Peterson said it's at least something.

"Until the state Legislature and the governor get off their youknowwhats
and respond to Proposition 215, we have to do something," he said.

Proposition 215 legalized marijuana used by seriously ill people whose
doctors recommend the drug, or possession by a "primary caregiver" but
doesn't adequately spell out the means by which people can grow and provide
the drug.

At issue in last week's Court of Appeals case was whether cannabis buyers
clubs, where people can go to buy and use marijuana, can be caregivers. The
court said the San Francisco Cannabis Buyers Club was not a primary
caregiver, under the definition of Proposition 215. The case is being
appealed.

The state Attorney General's Office has long stated cannabis clubs are not
primary caregivers. and thus are illegal. The Mendocino County Sheriff's
Office also believes the Ukiah Cannabis Buyers Club and similar clubs
throughout the state are illegal, but has held off shutting down the local
club until the law is clarified, according to Sheriff's spokesman Lt. Kevin
Broin.

Last week's ruling, though on appeal, has strengthened the Attorney
General's and Sheriff's Office's stand, Broin said. He said he expects the
club eventually will be closed.

Peterson said he's not sure of the exact wording in his draft resolution
because he wrote it months ago but he doesn't believe it attempts to define
who primary caregivers. are. He said he hadn't submitted the resolution
earlier because he suspected there would be a more critical time to deal
with the issue, like now.