Source: Sacramento Bee (CA) Contact: http://www.sacbee.com/ Pubdate: Sun, 22 Mar 1998 Author: John Lyons, Bee Correspondent S.F. SET TO DEFEND MEDICAL POT CLUBS SAN FRANCISCO -- With government lawyers arriving from Washington this week to shut down Northern California's medical marijuana clubs, this often irreverent bay-side city has mustered all its political weight to make sure the ill can still get pot. San Francisco Mayor Willie Brown and the mayors of four other California cities sent letters to the White House on March 18, asking the Clinton administration to "respect local government's expertise" when it comes to marijuana and the seriously ill. City District Attorney Terence Hallinan filed friend-of-the-court papers two days earlier threatening that the city might use its own workers to distribute marijuana if the federal government closed the clubs, the main outlet for the drug since it was legalized for medical use under Proposition 215, a voter initiative passed in 1996. "We're saying, 'Hey, this is not your business,' " Hallinan said in a telephone interview. "San Francisco has been dealing with this for years." Five years before Proposition 215, the city passed an initiative supporting the distribution of marijuana to the sick. Proponents of the plant say it helps AIDS and chemotherapy patients maintain their weight by fighting nausea and increasing appetite. On Tuesday, U.S. Department of Justice lawyers will ask a federal judge in San Francisco for an injunction closing six Northern California marijuana clubs that were shut as part of a civil suit filed in federal court Jan. 9. Despite Proposition 215, all possession of marijuana is still against federal law. The clubs -- two in San Francisco and one each in Oakland, Santa Cruz, Ukiah and Marin County -- represent about 80 percent of the medical pot distributed in the state. Marijuana activists see Tuesday's hearing as a major test for the new law, and have dubbed the case "United States vs. Medical Marijuana." The case is also the first attempt by Washington to regain its footing since drug czar Barry McCaffrey threatened in 1996 to impose sanctions on doctors who recommended marijuana to their patients. That plan backfired when a federal judge said it violated the First Amendment and enjoined drug officials from taking any action against doctors. "If it wasn't such a political issue, I'd say the federal government has finally found an effective strategy," said Michael Vitiello, a professor at McGeorge School of Law who has written about Proposition 215. "The legal issues aren't that difficult, but the political side is very interesting." Justice Department lawyers will clearly have the law on their side, Vitiello said. Federal law always trumps state law. But popular support for giving the seriously ill access to marijuana could force the federal government into some form of compromise on the issue. Proposition 215 passed by about 56 percent of California voters. The mayors of West Hollywood, Oakland, Santa Cruz and San Francisco said in their March 18 letter writing campaign that closing the clubs completely could endanger the public health of their cities. "If the centers are shut down, many of these individuals will be compelled to search back alleys and street corners for their medicine," the mayors wrote. "This will not only endanger their lives, but place an unnecessary burden on our local police departments." With a tradition of progressive politics and active gay community, San Francisco has earned a reputation for innovation and controversy on AIDS-related issues. City leaders have openly rebuked efforts by state Attorney General Dan Lungren to shut down medical marijuana outlets. In 1992, San Francisco went against state law to endorse clean needle exchange programs to stem the spread of the HIV virus by intravenous drug users. "San Francisco has always been a little ahead," Hallinan said. "I don't think there's a person in this city who doesn't know someone who has been affected by AIDS." Leaders from San Francisco and other cities are expected to attend a rally in support of the marijuana outlets set for Tuesday morning outside the federal courthouse.