GROUP BACKS MEDICAL MARIJUANA

LaVonne Victor is not a criminal, but sometimes she feels like one.

"Why?" she asked emphatically. "Why should we be made to feel like
lawbreakers when we're only taking what our doctors prescribed?"

Victor, a Temecula resident, is talking about medical marijuana. It's
a volatile subject, and the ongoing debate over its use is a source
of great concern for people like her. A new support group in
Riverside is offering help.

Victor suffers from multiple sclerosis, seizures and agoraphobia.
She's taken many traditional medications with little results and
life-altering side effects including depression, mood swings and exhaustion.

About nine years ago her husband attended Hempfest, an event
promoting the positive aspects of cannabis, more commonly known as marijuana.

According to the National Institute on Drug Abuse, marijuana is a
dry, shredded green and brown mix of flowers, stems, seeds and leaves
derived from the hemp plant cannabis sativa. The main active chemical
in marijuana is delta-9-tetrahydrocannabinol, THC for short. THC acts
on specific sites in the brain, called cannabinoid receptors, kicking
off a series of cellular reactions that ultimately lead to the high
users experience. Cannabis can be smoked, cooked into foods and
ingested from a vapor.

After talking to several doctors, Victor's husband thought the
infamous plant might help her. She obtained a legal prescription and
started taking the cannabis. Her health improved, and she showed no
side effects.

There are thousands of stories like Victor's, where cannabis has
succeeded in relieving excruciating pain when traditional medications
have failed.

However, according to the U.S. Drug Enforcement Administration's Web
site, "there is no consensus of medical evidence that smoking
marijuana helps patients."

On the site the DEA shows supportive statements from the American
Medical Association, which has rejected pleas to endorse marijuana as
medicine, and instead has urged that marijuana remain a prohibited
substance ... at least until more research is done.

Also, the American Cancer Society "does not advocate inhaling smoke,
nor the legalization of marijuana," according to an official
statement by the organization. However, the society does support
carefully controlled clinical studies for alternative delivery
methods, specifically a THC skin patch.

Many who suffer from various ailments and choose cannabis as a
treatment support its legalization and believe in its health
benefits. Their own bodies are proof, they say.

But they face such daily challenges as where to get it legally,
battling the high cost of it, and fighting the stigma that surrounds it.

About three months ago, the Marijuana Anti-Prohibition Project
started the for patients to discuss their individual hardships and
share information.

Meetings are at the THCF Medical Clinic in Riverside, which serves
the Inland Empire. The clinic does not dispense cannabis.

Lanny Swerdlow, a registered nurse at the clinic, has been involved
in the campaign to legalize cannabis for decades. He facilitates the
meetings, sharing his knowledge of the subject.

Fidel Valenzuela, 29, attends the support group regularly. Nearly
three years ago the Colton resident was in a devastating motorcycle
accident, colliding with a truck at 45 miles an hour.

The nerves from his right arm were disconnected from his spine. They
are held together now with two plates and eight screws.

"The pain was unbelievable and constant, 24/7," he said.

The pills he was prescribed changed his personality from a laid-back,
even-tempered guy to someone he didn't recognize.

"I had really bad mood changes, I was real snappy, got angry real
fast," Valenzuela said. "They also gave me stomach problems, so bad I
couldn't eat. I had blood in my stool. I started just taking the
pills at night, but sometimes the pain was still so bad. Then, I
started drinking to stop the pain."

Before his accident Valenzuela was a health nut, watched what he ate,
worked out at the gym and didn't do drugs.

A family member who saw Valenzuela's pain offered him some cannabis
and something unexpected happened.

"Smoking the marijuana gave me such relief," he said. "It took the
edge off the pain without side effects."

He felt better but was uneasy about how little he knew about what he
was putting in his body. The support group helped fill that void.

Venezuela was able to share his story, listen to others and learn
from their experiences.

"At the support group you can ask questions and find out the do's and
don'ts," he said.

One of the most intense topics at the meetings is availability and cost.

According to www.marijuanagrams.com, seven grams, or one-fourth of an
ounce, for most varieties can run between $85 and $400. Prices on the
street can be less, but there is a legal risk and no quality control.

For Valenzuela, who's been out of work since his accident, all
options are a hardship.

"I can only buy a little at a time, then I have to ration it out," he said.

Though there are long-standing debates about the positive and
negative effects of cannabis, it is, to date, illegal except for
those Californians who qualify under The Compassionate Use Act of 1996.

The general public is invited to attend the clinic's support group meetings.

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Possession of marijuana is a misdemeanor under California Health and
Safety Code Section 11357. Possession of one ounce (28.5 gms) or less
is punishable by a maximum $100 fine. Jail time is possible for
larger amounts or for hashish, which is an optional felony
("wobbler"). However, under Proposition 36, effective July 1, 2001,
first- and second-time possession-only offenders may demand a
treatment program instead of jail. Upon successful completion of the
program, their conviction is erased. Possession (and personal-use
cultivation) offenders can also avoid conviction by making a
pre-guilty plea under Penal Code 1000, in which case their charges
are dismissed upon successful completion of a diversion program.
Possession offenses are expunged from the record after two years
under Health and Safety Code Sections 11361.5 and 11361.7.

Possession of one ounce or less in a vehicle while driving may also
be charged under Vehicle Code 23222, which is treated identically to
HSC 11357 B.

No arrest or imprisonment is allowed for possession of less than one
ounce of marijuana. However, police often get around this provision
by charging minor offenders with intent to sell (see below).

Marijuana defined. "Marijuana means all parts of the plant Cannabis
sativa L., whether growing or not; the seeds thereof; the resin
extracted from any part of the plant; and every compound,
manufacture, salt, derivative, mixture, or preparation of the plant,
its seeds, or its resin. It does not include the mature stalks of the
plant, fiber produced from the stalks, oil or cake made from the
seeds of the plant, any other compound, manufacture, salt,
derivative, mixture, or preparation of the mature stalks (except the
resin extracted therefrom), fiber, oil, or cake, or the sterilized
seed of the plant which is incapable of germination" (H&SC 11018).

Possession with intent to sell any amount of marijuana is a felony
under Health and Safety Code 11359. Police often charge intent to
sell if they see such indicia as: scales, cash, multiple packages,
"commercial" packaging materials, "excessive" quantity, pay-owe
sheets, address books, pagers, etc.

Cultivation of any amount of marijuana is a felony under Health and
Safety Code 11358. People who grow for personal use are eligible for
diversion under Penal Code 1000 so long as there is no evidence of
intent to sell. There are no fixed plant number limits to personal
use cultivation.

Medical marijuana: Medical patients and their designated primary
caregivers may legally possess and cultivate, but not distribute or
sell, marijuana under Health and Safety Code 11362.5 (Proposition
215) if they have a physician's recommendation or approval.

Sale, transportation or distribution of marijuana is a felony under
Health and Safety Code Sections 11360. Transporting or giving away
one ounce or less is a misdemeanor punishable by a maximum $100 fine.

Sale or distribution to minors is a felony under Health and Safety Code 11361.

Marijuana paraphernalia are illegal to sell or manufacture, but not
possess, under Health and Safety Code 11364. All marijuana
paraphernalia are subject to seizure by the police.

Driving suspension for minors: Any minor (age under 21) convicted of
any marijuana, alcohol, or other drug offense faces a 12-month
driver's license suspension, regardless of whether the offense was
driving-related. The court may allow restricted license privileges if
the minor demonstrates a "critical need to drive." Vehicle Code
13202.5. (Note: This penalty can be avoided by entering a diversion program.)

Driving under the influence: It is unlawful to drive while under the
influence of marijuana (or alcohol or any other drug) by Vehicle Code
23152. "Under the influence" is not specifically defined in the
statute, but is interpreted to imply some degree of impairment.
Therefore the mere fact of having taken a toke of marijuana does not
necessarily mean one is DUI. For evidence of impairment, officers may
administer a field sobriety test. Arrestees may also be required to
submit to their choice of a urine or blood test under Vehicle Code
23612. Since marijuana is detectable for much longer periods in urine
than in blood (several days vs. several hours), a positive urine test
constitutes much weaker proof of recent use and impairment than a
positive blood test. If you haven't smoked marijuana recently and are
not under the influence, you are better off to choose a blood test,
since you will probably pass it. However, if you are a chronic smoker
or have smoked recently, you are better off to choose a urine test;
even though you can expect to test positive, the question will at
least remain open as to whether you were actually "under the
influence" at time of arrest.

Marijuana in a vehicle: Drivers found in possession of less than one
ounce of marijuana in their vehicles are liable for a maximum $100
misdemeanor fine under Vehicle Code 23222 (larger amounts are
punishable under H&SC 11357(a) and 11359).

Forfeiture: Unlike federal law, California law requires a conviction
for forfeiture of property involved in a drug crime. Also unlike
federal law, state law does not permit forfeiture of personal real
estate for marijuana cultivation. Vehicles may be forfeited only if
10 pounds or more of marijuana is involved. Health and Safety Code 11470.

State marijuana laws - www.leginfo.ca.gov/calaw.html