SENATE BUCKS FEDS AND APPROVES MEDICAL MARIJUANA LICENSING

Conservative and liberal senators joined Wednesday to pass a statewide
medical marijuana registry that could test the limits of an adverse U.S.
Supreme Court decision last month.

The measure pits California's landmark medical marijuana law against last
month's U.S. Supreme Court decision that Proposition 215 cannot supersede
federal laws against marijuana distribution. Since voters approved the
ballot initiative in 1996, eight other states have passed similar measures.

"We need to go forward to force the issue," argued conservative Sen.
Maurice Johannessen, R-Redding. "Law enforcement in some areas has zero
tolerance. Law enforcement in other areas says, 'Two pounds -- is that all
you have?' -- and kicks them loose."

The measure passed the Senate 23-8, reflecting its unusual support by both
medical marijuana advocates and law enforcement officials from Attorney
General Bill Lockyer on down. It now goes to the Assembly.

Patients and caregivers -- those who provide the patients with marijuana --
would be immune from arrest on state charges if they join the statewide
registry.

The measure also bars state prosecution of doctors who recommend marijuana
to their patients, and allows caregivers to cultivate marijuana
cooperatively for medical purposes under the auspices of the state
Department of Health Services. Distribution by such marijuana clubs was
specifically outlawed by the Supreme Court decision.

Law enforcement organizations said they want an easily verifiable, uniform,
statewide registry so they don't waste time and money charging a legitimate
medical marijuana user who will go free under California law. Supporters
said California has had difficulty enacting its law to date because of the
conflict with federal statutes.

Johannessen joined with the bill's liberal author, Sen. John Vasconcellos,
D-Santa Clara, in backing marijuana's use by patients with AIDS, anorexia,
arthritis, cancer, chronic pain, glaucoma, multiple sclerosis, epilepsy and
other chronic conditions, despite the Supreme Court's ruling that there is
no valid medical use under federal law.

"It may have some medical use -- we need to identify it," argued
Johannessen. "If (the disease) is terminal, who cares if they become addicted?"

The measure requires county health departments to process the registry
applications to shield them from police, and gives the state Department of
Health Services a year to determine how much marijuana patients and
caregivers should be allowed to possess. The department estimates the
registry would cost $2.2 million a year to maintain.

On the Net: Read SB187 on the Web -- http://www.sen.ca.gov/