GRAND JURY WEIGHS IN ON MEDICAL POT

County Is Chided For Ignoring Law

San Diego County supervisors have ignored the will of California
voters for too long and should take "all possible action" to promote
access to marijuana for seriously ill constituents who might benefit
from it, the grand jury said yesterday.

In a rebuke announced two days after the U.S. Supreme Court upheld
the federal government's power to prosecute medical marijuana
patients, the grand jury said county leaders shirked their duty to
abide by California law.

"The San Diego County Board of Supervisors has been blinded by its
prejudices against medical marijuana use and has failed to implement
the will of California voters," the report stated.

In 1996, 56 percent of California voters approved the use of
marijuana for patients who have a doctor's recommendation, but the
drug remains illegal under the federal Controlled Substances Act.

In San Diego County, the 1996 initiative, known as the Compassionate
Use Act, passed with just over 52 percent support.

The 16-page grand jury report included the disclaimer that it neither
endorses nor condones the illegal use of drugs and takes no position
on the medicinal value of marijuana. But it sharply criticized county
supervisors for refusing to adopt uniform standards for the
cultivation and use of medical marijuana for up to 5,000 patients who
live in the county.

"California law is clear," the grand jury said. "The cultivation
and/or possession of marijuana is legal when necessary for medical
purposes and authorized by a physician."

The timing of the report was coincidental to Monday's Supreme Court ruling.

In answering the report, county officials said they have no role in
the ongoing dispute over medical marijuana.

"The county of San Diego is not in a position to issue rulings that
would fly in the face of federal law," board Chairwoman Pam
Slater-Price said. "We do not have that authority."

In a response May 31 to a draft of the grand jury report, county
Chief Administrative Officer Walter Ekard noted, "The Board of
Supervisors has no authority over the manner in which local and
federal law enforcement agencies interpret or enforce laws."

Nonetheless, eight California counties instituted identification card
programs to assist police and sheriff's deputies in enforcing the
law, and four others are participating in a state-sponsored pilot ID
program, the grand jury stated.

Eighteen counties have adopted detailed guidelines, the report said.
"San Diego patients and caregivers are being deprived of the same
rights and protections as citizens in other, less populous counties,"
jurors wrote.

On Tuesday, the day after the Supreme Court ruling, Alameda County
supervisors approved a plan to permit three new medical marijuana
dispensaries in the unincorporated parts of that county, which would
raise the total to 10 there.

Grand jury foreman William Westlake said jurors took up the subject
after receiving complaints from residents about the uneven
enforcement of medical marijuana laws in the county.

"We felt we could do a service to the county by investigating this
matter in more detail and determining why the city of San Diego had
definite plans and direction and why the county was reluctant or
reticent in providing programs," Westlake said.

The grand jury spent months researching medical marijuana and
interviewing public officials and activists.

The report commended the cities of San Diego and Escondido for
developing guidelines that police can use to evaluate the legitimacy
of medical marijuana claims, and praised a San Diego municipal task
force for its commitment to implementing the Compassionate Use Act.

The report also credited the San Diego County District Attorney's
Office for "its attempt to inject reasonableness and consistency at
the prosecution stage" of medical marijuana cases.

County prosecutors evaluate every medical marijuana case
independently and file charges only when they are convinced the
claims are not valid under state law.

Kris Hermes, legal campaign director of the advocacy group Americans
for Safe Access, said dozens of California cities and counties have
steered clear of implementing the state's medical marijuana law.

"It's a pretty significant problem," said Hermes, whose agency is
suing the city of Fresno for its refusal to allow a dispensary. "That
means patients are unnecessarily harassed and arrested for what
should be legal conduct."

The 19-member grand jury investigates government programs of the
county, cities and special districts.