PROPOSAL FOR MEDICAL POT SANCTUARY

Leno Wants S.F. To Make Declaration, Even If Only Symbolic

San Francisco would become an official -- but symbolic -- "sanctuary"
for the use, cultivation and distribution of medical marijuana under a
plan proposed yesterday.

The proposal by Supervisor Mark Leno came after the federal Drug
Enforcement Administration recently busted two medical marijuana clubs
in California.

Leno's legislation would declare San Francisco a medical marijuana
sanctuary and urge local, state and federal law enforcement officials
to refrain from enforcing and prosecuting anti-drug laws against those
using, growing or selling pot for medical reasons.

Leno said his plan merely reflects the will of the people. Since 1972,
San Franciscans have voted on numerous measures in support of medical
marijuana, most recently in 1996 when Proposition 215, the
Compassionate Use Act, was approved by voters statewide.

The Board of Supervisors has enacted several other measures, including
the creation of a special Health Department identification card for
medical pot users that they can show local police officers if they're
caught with the substance.

San Francisco officers look the other way if someone can substantiate
that their possession of marijuana is for legitimate medical use, said
Police Chief Fred Lau. "We're very compassionate," he said.

District Attorney Terence Hallinan, San Francisco's chief prosecutor,
said the sanctuary idea was a good one.

"Everyone here is totally in fear," Hallinan said of the renewed
interest in the pot clubs by federal authorities. "If nothing else, we
want to give people reassurance that we're not just going to stand
by." During a rally on the steps of the Hall of Justice yesterday,
Hallinan had a message for the federal drug cops: "Lay off our
marijuana clubs."

The response from local DEA officials: Don't count on
it.

"Possession, cultivation and distribution of marijuana is illegal
under federal law -- regardless of any state or local law," said
Richard Meyer, spokesman for the DEA's San Francisco field division.
"Our job is to enforce federal law, and we will."

In recent weeks, the DEA raided the Los Angeles Cannabis Resource
Center in West Hollywood and the California Medical Research Center in
the town of Cool in the Sierra foothills. Agents seized pot plants and
patient records.

Meyer wouldn't discuss if or when federal authorities plan to move
against clubs in the Bay Area, which number about 20. There are 13
clubs and cooperatives operating in the city alone, Hallinan said.

Three years ago, Oakland tried a novel approach by declaring a medical
marijuana club a city agency that could officially distribute pot for
medicinal use. After the city approved the ordinance, federal
authorities shut down the club. The closure was upheld by the federal
courts, but the case is pending before the U.S. Supreme Court.

Leno acknowledged his measure is little more than symbolic. However,
he said, he wants to once again put San Francisco's position on the
record. Neither he nor Meyer knew of any other city that had declared
itself a medicinal marijuana sanctuary. The Board of Supervisors must
still vote on Leno's only-in-San Francisco legislation before it goes
to Mayor Willie Brown for consideration.

"My concern is for the health and well being of the many San
Franciscans who depend on safe access to medical cannabis," Leno said.

One of those people is Wayne Justmann, a medical marijuana activist
and user who runs the San Francisco Patients Resource Center. The club
in the Western Addition sells pot to about 325 physician-certified
patients a day. Justmann has HIV and uses marijuana to help spur his
appetite.

"A lot of us are worried about what's happening in other counties, so
I'm glad San Francisco is looking at creating a sanctuary," he said.

San Francisco's proposed law will offer people some comfort, he said,
as much "as any citizen in violation of federal law can have."