Pubdate: Wed, 14 Jul 1999 Source: San Francisco Chronicle (CA) Copyright: 1999 San Francisco Chronicle Contact: http://www.sfgate.com/chronicle/ Forum: http://www.sfgate.com/conferences/ Section: Page A11 Author: Robert B. Gunnison, Chronicle Sacramento Bureau DAVIS MOVES AWAY FROM OK OF CARD FOR MARIJUANA USE U.S. LAW TRUMPS MEDICAL SANCTIONS Gov. Gray Davis probably will veto a bill to create a state identification card for users of marijuana for medical reasons, his spokesman said yesterday. The announcement by the Davis office came as the Assembly Health Committee approved a bill backed by Attorney General Bill Lockyer intended to implement a 1996 ballot measure that legalized pot for medicinal use. The bill would allow quasi-underground marijuana shops in many Northern California counties to do business in the open. ``This is clearly in conflict with federal law,'' Davis' press secretary, Michael Bustamante, said of the measure by Sen. John Vasconcellos, D-Santa Clara. Davis campaigned against the marijuana measure, Proposition 215, along with law enforcement officers and Gen. Barry McCaffrey, the U.S. drug czar. ``Given the governor's long-standing position, I would be hard pressed to see him sign it,'' Bustamante said. ``Until the federal government legalizes its use or growing, state government should not put itself in a position of sanctioning it.'' The statement was a change from Monday, when Bustamante said Davis had no position on the bill, but added: ``If good science and good medicine dictate that this is reasonable, the governor will look at this very seriously.'' The developments left Vasconcellos sputtering in anger. ``I'm really offended,'' he said in an interview. ``This defies anything I've seen in 30 years here.'' ``I thought the people of California elected the governor -- not Barry McCaffrey,'' he said. He said he was offended because Davis's staff had breached protocol by making the governor's position known first to a reporter, and not to him. The position of the new Democratic governor puts him in the same camp with former Gov. Pete Wilson and former Attorney General Dan Lungren, both foes of medical use of marijuana. Wilson twice vetoed Vasconcellos' attempts to legalize marijuana for medical use in legislation more limited than Proposition 215. Lungren's agents raided the Cannabis Buyers' Club in San Francisco in 1996. Davis has repeatedly said elected officials should respect the will of voters when they approve initiatives like Propositions 187 and 209, which limited government programs for illegal immigrants and outlawed government affirmative action programs. Asked why Davis did not similarly follow voters' wishes on Proposition 215, Bustamante only repeated, ``This is clearly in conflict with federal law.'' The bill includes the recommendations of a 30-member task force of prosecutors, police and marijuana advocates who tried to find a way to legalize medical use of pot, even though its cultivation, possession and sale are outlawed by state and federal laws. ``We believe the bill provides for responsible implementation of Proposition 215,'' Attorney General Lockyer told the committee. The vote was 9 to 3 to send the measure, SB848, to the Appropriations Committee. The bill would create a statewide identity card that would be issued to anyone whose physician found to be afflicted with a ``serious medical condition,'' including AIDS, anorexia, arthritis, cancer, chronic pain, glaucoma, migraine or other ``chronic or persistent medical symptom.'' Bearers of the card would not be subject to prosecution for possession, transportation or growing marijuana -- if the amount is less than will be established later by state regulations. A separate card would be provided to qualified caregivers. Assemblyman Howard Wayne, D-San Diego, asked Vasconcellos to reconcile his bill with federal law outlawing pot possession. ``The federal government is so hysterical and unresponsive on this issue that I am not going to let them dictate policy,'' Vasconcellos responded. Wayne apparently was unpersuaded. He voted no. Also approved by the committee, 11 to 1, was a second Vasconcellos bill, SB847, which would appropriate $1 million for the University of California to study the medical effects of marijuana. ``This is simply to find out the truth,'' Vasconcellos said. - --- MAP posted-by: Keith Brilhart