BILL WOULD CLARIFY MARIJUANA-USE LAW

Proposal Establishes Guidelines For Medical Necessity, Police

Senate Bill 187

The bill seeks to make enforcement of Proposition 215 more consistent by
setting guidelines that determine how much marijuana a person can grow and
possess for medical use. It would also create a voluntary identification
system for medical marjuana users.

Martin Victor says he suffers from cluster headaches that make his head
feel like it's ready to burst. His wife, Lavonne, says she suffers from
multiple sclerosis, which can cripple her movements.

The couple uses marijuana because they say no other medication as been as
beneficial.

However, they and other medical-marijuana users have encountered problems
with the law in spite of Proposition 215. Approved by California voters in
1996, Proposition 215 allows marijuana to be used for medical purposes but
lacks uniform guidelines for enforcement.

The Victors hope Senate Bill 187 will allow them to use marijuana without
fear of legal prosecution.

The bill, which aims to establish a statewide registry card and set
guidelines for the amount of marijuana a patient can possess and grow, is
currently on the Senate floor.

First introduced in February 2001, the bill has been approved by both
houses. However, the details have been altered, requiring another Senate vote.

"(Proposition 215) didn't set a number. (Senate bill) 187 will mean I don't
have to worry about police and the court system. All I have to do is grow
what they allow me to grow and have what they allow me to have," Martin
Victor said.

If the bill passes in the Senate it could be sent to Gov. Gray Davis
sometime in August, said Sue North, chief of staff for the bill's author,
state Sen. John Vasconcellos, D-San Jose.

North said Proposition 215 did not implement working guidelines, which has
led to varied interpretations of the law by the different counties.

The bill will require the California Department of Health Services to
determine the amount of marijuana a person can grow and possess.

Identification Cards

It also establishes a voluntary program that will distribute identification
cards to people who use medical marijuana under a doctor's recommendation.

"If a police officer stops someone and they're carrying marijuana, a card
would help police validate the legitimacy of the use," North said.

"These registrations and guidelines would apply uniformly throughout the
state," said Lanny Swerdlow, a member of the Marijuana Anti-Prohibition
Project of Palm Springs/Coachella Valley.

For example, Swerdlow said currently one police officer may enter a home
were a patient is growing a certain number of marijuana plants and decide
that it is an appropriate amount for medical use. But he said another
officer could decide that same amount is not appropriate and arrest the person.

But not everyone supports the bill.

State Sen. Jim Battin, R-La Quinta, and Assemblyman Dave Kelley,
R-Idyllwild, have both voted against the bill.

The bill is also opposed by some counties that fear the costs associated
with implementing new guidelines would be too expensive.

Some people involved in drug education see a possibility for abuse if the
bill passes.

Black Market Cards

Wayne Koeppel, a Desert Hot Springs resident and chairman of the Drug
Awareness Program for the Elks Association, said he fears people will grow
more marijuana than they need for their personal consumption.

"I don't think it should be passed," he said.

Koeppel also fears that a market for counterfeit medical-marijuana
identification cards could emerge.

"They do it with Social Security cards and driver's licenses," he said.