Pubdate: Oct. 28, 1998 Source: San Francisco Examiner (CA) Copyright: 1998 San Francisco Examiner Contact: http://www.examiner.com/ Author: Mark Helm, Examiner Washington Bureau 5 STATES FACE VOTE ON MEDICAL POT Opponents Fume Passage Could Make Drug "Quasi-Legal' WASHINGTON - Just as it opposed California's 1996 medical marijuana initiative, the White House is lobbying against medical marijuana measures that will be on the ballot next Tuesday in five states and the District of Columbia. "To be blunt, these initiatives would result in the quasi-legalization of marijuana," Barry McCaffrey, White House drug policy director, said Tuesday. McCaffrey said decisions to use certain drugs for medical use should be based on science rather than politics. "Medicine is not determined by popular vote," he said. Voters in Alaska, Arizona, the District of Columbia, Nevada, Oregon and Washington will consider such initiatives. The measures would allow physicians, under defined conditions, to obtain and dispense marijuana as a palliative to their patients. California and Arizona both passed similar measures in 1996, but neither has gone into effect. In California, state and federal authorities have made a persistent effort to prevent people from selling marijuana to individuals who obtain a doctor's prescription. Arizona's referendum was blocked by the state legislature when it discovered that the measure also allowed doctors to prescribe 116 other drugs, including LSD, heroin and PCP. If some or all of the initiatives pass next week, political leaders and police will have to deal with the fact that the new state laws will be at odds with federal law. Attorney General Janet Reno has strongly denounced the initiatives, insisting, "I don't think that the determination as to whether there is a medical use for marijuana should be made at the ballot box." Political significance "Legally, there is little significance if these things pass, but politically there is a lot of significance," said Eric Sterling, president of the Criminal Justice Policy Foundation. "Members of Congress might start to re-evaluate their position." The proposals' supporters hope they are establishing a beachhead, and that eventually marijuana will be legally available from doctors nationwide. The initiatives' popularity suggests many people are rejecting the message that marijuana is a dangerous "gateway" to stronger drugs, and see marijuana instead as potentially therapeutic. "This is a way to legally introduce people to possibly a lifetime of drug abuse," said John Justice, a South Carolina prosecutor who heads the National District Attorneys Association. "The drug problem from stem to stern in this country is tremendous, and I knew a judge who used to call marijuana "the kindergarten of the drug industry.' " Proponents of the initiatives say there are many cancer and AIDS patients for whom marijuana is the most effective drug in relieving nausea and other debilitating side effects of treatments. "The public has told us that they support the right of suffering patients to use medical marijuana," said Wayne Turner, who helped organize the ballot initiative in the District of Columbia. While medical research on the effectiveness of marijuana is continuing, proponents of the initiatives cite research that smoking marijuana is more effective than pills and patches containing THC, the chemical found in marijuana that some scientists and physicians believe is beneficial to terminally ill patients. More initiatives in 1999, 2000 Dave Fratello, spokesman for Santa Monica-based Americans for Medical Rights - which is coordinating the ballot drives in Alaska, Nevada, Oregon and Washington state - said in a statement that his group hoped to put the medical marijuana initiatives on ballots in more states in the future. "The goal is to change national policy, but we know we will have to win more battles in 1999 and 2000 before that happens," said Fratello, whose group will spend $2 million on advertisements supporting the state initiatives. AMR is bankrolled by three multimillionaires: financier George Soros, insurance magnate Peter Lewis and John Sperling, who owns a successful chain of adult education centers. The three have spent a total of just over $2 million on the cause. The campaign is airing commercials that stress the theme of compassion. An Oregon TV spot, for example, shows an avuncular doctor bemoaning his inability to help patients suffering with chemotherapy. "Please, let us treat you with every medicine that can help," Dr. Rick Bayer begs viewers. Public officials and anti-drug activists are furious at this campaign, but there is little organized opposition or advertising on the other side - one reason supporters are confident of victory. Opponents see a sinister agenda, the legalization of all drugs, hiding behind the mask of compassion. The Chicago Tribune contributed to this report. - --- Checked-by: Patrick Henry