MIXED MESSAGES ON MEDICAL MARIJUANA

For the first time in months, it appears that Santa Ana medical marijuana
activist and patient Marvin Chavez could be moving toward a satisfactory
resolution of his legal problems.

It can't come too soon. Localities like Orange County would do well to get
their act together on the state law that authorizes patients to use
marijuana, because it looks as if the federal government is beginning a
heavy-handed crackdown.

Mr. Chavez, you may recall, was charged with cultivation for distribution
and sale of marijuana after the Santa Ana police raided his home and
confiscated the marijuana plants he was growing.

The founder of the Orange County Patient Doctor Nurse Support Group, who
has a recommendation as a patient to use marijuana medicinally, says he was
growing it all for his personal use, and his cultivation is protected under
Prop. 215, passed by the voters in 1996. Wednesday, after months of
preliminary legal maneuvering, Judge Gary S. Paer, after a proceeding in
which Mr. Chavez finally agreed to be represented by a particular public
defender and some legal issues were sorted out, set a date of March 5 for a
preliminary hearing.

Marvin Chavez will soon have his day in court.

Meanwhile, on Tuesday, a cannabis dispensary and several growers were
raided by federal agents in San Francisco, in what is seen as a sign that
the Bush administration plans to get tough on medical marijuana patients.

On the same day, the San Diego City Council passed an ordinance adopting
the recommendations of its Medical Marijuana Task Force, setting up a
voluntary patient identification system along with controls over
cultivation and distribution.

Why the apparent confusion?

Because state law and federal law, as the U.S. Supreme Court acknowledged
in its decision last year that federal law contains no provision for a
"medical necessity" defense, are simply different.

State, county and city officials are sworn to uphold state law - indeed,
required by the California Constitution to do so. Federal officers are
charged with enforcing federal law.

We hope the Chavez case provides an impetus for Orange County to move in
the direction San Diego has taken: developing an ordinance to facilitate
the rights of patients and respect the interests of law enforcement under
state law, preferably after sober consultation with all interested parties.

The struggle to change federal law and policies will continue, and it would
be folly to predict the outcome. In the meantime, Orange County's duty is
to respect and implement state law.