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News (Media Awareness Project) - US CA: Business As Usual For Medical Marijuana Clubs
Title:US CA: Business As Usual For Medical Marijuana Clubs
Published On:2001-05-15
Source:San Francisco Examiner (CA)
Fetched On:2008-01-25 19:41:50
BUSINESS AS USUAL FOR MEDICAL MARIJUANA CLUBS

San Francisco's medical marijuana clubs reacted with a shrug to the
U.S. Supreme Court's decision Monday stating their operations are
illegal under federal law.

A handful of clubs that dispense the weed throughout the city said
they plan to continue holding regular hours until someone tells them
otherwise. So far, they said, they believe they have the support of
city officials.

Federal law has conflicted with state law since the passage of
Proposition 215 in November 1996, when Californians approved the
legalization of medical marijuana.

"The fact remains that there are sick and dying people out there who
need their medicine and need this service," said Sister Rosemarie, a
disciple at St. Martin de Porres House who works at the San Francisco
Patients' Resource Center. "We will remain open to serve our patients."

Of the center's 300 patients, 60 percent have AIDS or are
HIV-positive, while 30 percent have cancer and the rest have other
conditions, such as glaucoma or arthritis. All patients must have
proof of their doctor's approval of marijuana use and an
identification card from the Department of Public Health.

In spite of the court ruling, a long line formed outside the door of
Cannabis Helping Alleviate Medical Problems, or CHAMP, at Church and
Market streets Monday afternoon.

Kevin Guyton, 50, of San Francisco, said that if it weren't for CHAMP,
he would have to give up on the alternative treatment for his
arthritis. He's been smoking pot since he was 16 and inhales about two
joints a day to relieve the pain of his arthritis and to get to sleep
at night. If CHAMP closes down, the Navy veteran who relies on Social
Security payments says he'll just have to do without it.

"Going to the street's too much trouble," he said. "Because there's
crime, it's violent and it's dangerous. And it's more expensive."

Ken, a 45-year-old software consultant with wire-rim glasses, suffers
from parasthesia, a condition that makes him feel acute, stabbing
pains in a small area on his upper right leg. He says his neurologist
prescribed medication for the pain, but it didn't work. "It just put
me to sleep," he said.

Then he discovered that a gram of marijuana -- smoked through a water
pipe -- could provide him with relief. Not only did it stop the pain,
it stopped the muscle spasms. If the club closes, he said, he will try
to grow pot at home.

As of yet, no clinical studies have adequately proven the medical
effects of marijuana, said Hastings College of Law professor Marsha
Cohen, an expert on food and drug law. The federal government didn't
permit the studies.

But the Supreme Court's decision means that prosecutors can crack down
on local clubs, knowing that they have support from the higher courts.
The question is whether a local jury will support them.

"It's all become an interesting game of cat and mouse between the
people and the federal government," Cohen said. "Instead of fighting
over this, there should be a study."

The news seemed irrelevant to medical marijuana seekers who were
buying what they say is a necessity at Hope Center, 988 Market St.

Peter Herzog, 42, had $20 in his hand to buy a 16th of an ounce of
"green buds." Diagnosed with AIDS six years ago, he said marijuana
helps him keep up his appetite despite the multiple-pill cocktails he
takes.

Marijuana also is good for "spiritual awakening," said Robert
Esquivel, 58, who's been smoking pot for 40 years and getting his
regular stash from the center.

Oakland attorney William Panzer said the court's decision has no
direct impact on what happens locally under Prop. 215. He represented
Alan Martinez, a 40-year-old epileptic who used marijuana for relief
in the first test case of medical marijuana in December 1996.

After being charged with the illegal cultivation and possession of
marijuana plants in his home, Martinez stopped using the weed for fear
of being put in jail, Panzer said. He died a year later during an
epileptic seizure while driving his car.

Even though medical studies are inadequate, Steve Heilig, director of
the San Francisco Medical Association, which endorsed 215, says it's
better to give people a choice than to deprive them. The Supreme
Court's decision is going to breed more fear among doctors about
prescribing medical marijuana, he said.

"For me, it's an ethical question," he said. "We're talking about
compassionate use, really."
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