MEDICAL POT BILL AIMS TO CLARIFY USAGE

The Legislation Would Form A Patient Registry And Issue Id Cards To People
Using Marijuana To Lessen Their Pain From Illnesses

SACRAMENTO - Despite a recent U.S. Supreme Court decision striking a blow
to the medical marijuana movement, legislation is in the works to establish
a statewide patient registry and set limits on how much pot is enough.

Advocates of medical marijuana will meet Wednesday with lobbyists
representing law enforcement and physicians to begin wrestling over details
of the measure sponsored by state Sen. John Vasconcellos (D-Santa Clara).

"You have tens of thousands of patients who have found a substance that
alleviates their pain," said Bill Zimmerman of Americans for Medical
Rights, the Santa Monica-based group that pushed medi-pot measures across
the country. "They're not going to go away because of the Supreme Court
decision."

The bill is similar to a Vasconcellos measure that stalled two years ago
after police and district attorneys balked over key details.

Since then, a chorus of prosecutors and other law enforcement officials
throughout California have called for statewide standards to bring clarity
to an issue that has caused confusion for beat cops and led to pot patient
arrests that were later overturned in the courts.

Those pleas by law officers haven't faded since the U.S. Supreme Court
ruled May 14 on California's Proposition 215, the landmark 1996 medical
marijuana initiative that spurred similar laws in eight other states.

Though the high court reaffirmed that distribution of pot is illegal under
federal drug laws, many participants in the California debate say that the
decision stopped well short of invalidating Proposition 215.

Instead, the court's ruling gives federal officials leeway to go after
organized clubs that sell marijuana to patients. As a practical matter,
they say, federal drug agents lack the manpower to arrest or bring charges
against the thousands of patients now using marijuana as medicine.
Meanwhile, juries in California's state courts have demonstrated a marked
resistance to convicting defendants who mount a credible medical marijuana
defense.

Advocates of medical marijuana have in recent months launched a political
offensive against prosecutors in several California counties, although the
first battle--a recall campaign against the district attorney in Marin
County--failed miserably last Tuesday.

Vasconcellos' bill, SB 187, envisions a computer registry of pot patients
that could be tapped by police officers after they apprehend a suspect
claiming a medical need. Patients also would be issued identification cards
that they could show to law officers.

In addition, the bill calls on state health department officials to
establish levels for how much pot a qualified patient could have on hand or
grow in their home for medical use.

Though that framework has been established, "the nuts and bolts of how this
works" remain to be haggled out in the weeks to come, said Sue North,
Vasconcellos' chief of staff.

Law enforcement officials appear poised to insist as they did two years ago
that the registry be mandatory. But medical pot boosters say that
requirement would be unconstitutional because it might threaten to strip
unregistered patients of their legal protections in court under Proposition
215.

"The issues are real difficult," said John Lovell, a lobbyist for several
law enforcement groups. "But I think everyone who is involved in the
process would like to see an agreement reached." Physicians, meanwhile, are
opposed to efforts to require that doctors be listed in the registry. They
fear the possibility that federal prosecutors might attempt to use the
registry to track down doctors who have recommended marijuana as a medicine.

The bill also could widen a growing rift in the medical marijuana community.

Some hard-liners say that the registry program is simply a bad idea that
would undermine the sweeping and open-ended spirit of Proposition 215,
which was designed to ensure that no one who needs pot to cope with an
illness be denied. More moderate medi-pot boosters, such as Zimmerman, say
that the program can work if enough safeguards are provided to ensure
patient and physician confidentiality.

Zimmerman also would like to see state lawmakers adopt a
government-sanctioned distribution system. He said the need is greater than
ever because the Supreme Court ruling may prompt federal law enforcement
officials to seek the closure of California's few remaining pot clubs.

"There's some jeopardy created to the supply," Zimmerman said. "We're going
to push for a state distribution system to come online as soon as possible."