SURF CITY'S SHAMEFUL POLS

Stand Against Medical Marijuana Raises Phony Fears And Ignores State Law

On Monday, the Huntington Beach City Council curiously, and wrongfully,
imposed a 45-day moratorium on permits for medical cannabis dispensaries,
which are legal in California.

The city attorney and police chief argued for the ban, hiding behind the
smokescreen of "a conflict between state and federal law on the issue of
medical marijuana." The U.S. Supreme Court heard arguments in November and
is now deliberating in a medical marijuana case, Ashcroft vs. Raich, to
decide whether federal agents can stop patients from peacefully growing
their own medicine.

Angel Raich, who lives in Oakland, suffers severe chronic pain from a
variety of ailments, including fibromyalgia, endometriosis, scoliosis,
uterine fibroid tumors and rotator cuff syndrome. If that's not enough, she
also has an inoperable brain tumor, seizures, and life- threatening wasting
syndrome, accompanied by near-constant nausea. Raich found that medical
marijuana keeps her out of a wheelchair and feeling better than anything
else (she's tried over 35 medicines). Unfortunately, the feds think raiding
homes of people like Angel Raich is "law enforcement" and a good use of our
tax dollars.

However, under our federal system of dual sovereignties and California law,
even where state and federal laws conflict, Huntington Beach is obligated
to enforce only state law.

California voters overwhelmingly approved medical marijuana in 1996, and
the Legislature subsequently passed laws about implementation. It is state
policy to encourage dispensaries and provide medical marijuana to patients
in need. Moreover, the California Supreme Court has said that the state is
responsible for enforcement of its own marijuana laws rather than those of
the federal government.

Even if City Council members didn't pay attention in civics class, they
ignored valuable legal information from highly regarded Los Angeles
attorney Manny Klausner, who provided them with the relevant information
and case law before they voted for the ban. It is a sad day when they are
willing to discard the rule of law because of their own prejudices.

They claim they passed the ordinance because of an unsubstantiated fear
that medical cannabis causes crime - as if grandma is going to leave chemo,
toke up and go rob a bank because she has restricted access to her
medicine. Meanwhile, in Anaheim, police Sgt. Rick Martinez recently said a
marijuana dispensary that opened in December "has not caused any problems"
in his city.

Last year, at a symposium on medical cannabis at the USC medical school, a
paralyzed patient in a wheelchair told a heart-rending story of his
difficulties buying his medicine on the street, where he was routinely
victimized. So the real losers in this are the patients who are having
their access to medical cannabis restricted.

The science on medical marijuana is clear: The Institute of Medicine of the
National Academy of Sciences report (funded by the Office of National Drug
Control Policy) positively describes the role of cannabis as medicine.
Similarly, as Dr. Lester Grinspoon of the Harvard Medical School states,
"Marijuana's therapeutic uses are well- documented in the modern scientific
literature . These studies demonstrate marijuana's usefulness in reducing
nausea and vomiting, stimulating appetite, promoting weight gain and
diminishing intraocular pressure from glaucoma. There is also evidence that
smoked marijuana and/or THC reduce muscle spasticity from spinal cord
injuries and multiple sclerosis ... ."

Although this mean-spirited ordinance will not hold up in court, time is on
the city's side. The council surely knows that its initial ordinance will
expire before a court date can even be set because our wheels of justice
move so slowly.

Nevertheless, we've learned plenty about council members: They are willing
to discard state law and the overwhelming will of California voters; and
they are eager to smear ailing citizens seeking pain relief as a crime risk.

Californian Peter McWilliams choked to death on his own vomit because he
was denied access to the one medicine that successfully controlled his
nausea. How many more people must die before we stop erecting senseless
obstacles?