Source:   San Francisco Bay Guardian
Contact:    Wed, 31 Dec 1997

LUNGREN VS. PROP. 215

A recent California appellate court ruling, which reinstated an injunction
to shut down the San Francisco Cannabis Buyers Club, may have chilling
consequences. The court ruling was specifically directed at Dennis Peron
and the San Francisco club, but I worry that Attorney General Dan Lungren
may use it as an excuse to shut down clubs throughout California. In a
Dec.12 Associated Press story, Lungren said he believes the ruling "gives
proper guidance through-out California and we will so advise the law
enforcement." In the same article, Gov. Wilson's spokesperson said, "The
state needs to do everything in its power to limit the distribution of
potentially dangerous drugs."

That sounds to me like the state government is getting ready to fight with
patients and caregivers throughout California to thwart access to their
medicine. Was that the intent of Prop. 215?

In a dissenting opinion from the appellate court, Justice J. Anthony Kline
said the majority ruling would make marijuana unavailable for many
seriously ill Californians. Was that the intent of Prop. 215?

Justice Kline said, "The right to obtain marijuana is... meaningless if it
cannot legally be satisfied." I agree with Justice Kline. I think the
major-ity on the appellate court got this one wrong. The intent of Prop.
215 was to allow seriously ill patients to have safe access to a medicine
that is ben-eficial to them.

What is to protect the patients and caregivers from the police? The court
of law has failed them, though hopefully only temporarily. In the
mean-time, we have only the court of public opinion.

I urge you to call your local law-enforcement agencies, the attorney
general, and the governor and tell them that you will strongly object to
any attempt to shut down buyers' and cultivators' clubs statewide. State
law enforcement should not be using your tax dollars to fight your sick
family and friends. Prop. 215 was about co~ passion, not control. Stop
arresting sick people!

Naura Kriho
Nederlaud, CoLa.