BACKERS SAY MEDICAL MARIJUANA LAW NEEDS WORK

SACRAMENTO, Calif. -- In the four years since California's groundbreaking
medicinal marijuana law, bugs have been detected, other states have been
inspired and the federal government remains unhappy. Advocates say more
research could help solve problems that arose from the 1996 measure, such as
how best to take the drug, how much to prescribe and how law enforcement
officials should treat those with a doctor's recommendation.

Gina Pesulima, spokeswoman for Americans for Medical Rights, said
California's law doesn't define the specific amounts of marijuana allowed or
say if patients should be registered or required to carry an identification
card. That, she said, has created confusion among law enforcement officials,
medical personnel, patients and lawmakers.

"Proposition 215 was pretty loosely written," said Pesulima, whose group
advises grass-roots organizations promoting medical marijuana laws. "We help
other states draft tighter laws, which will make it easier for everyone
involved."

California Sen. John Vasconcellos has sponsored a bill that would tighten
state law by establishing a registry or identification card system and
urging consistent enforcement.

The bill was put in the inactive file in the state Assembly, but Rand
Martin, a consultant from Vasconcellos' office said he expects it to be
approved this year.

In the meantime, San Francisco District Attorney Terence Hallinan last week
announced a plan to issue city ID cards allowing sick people to use
marijuana. The cards, which cost $25 and require a doctor's note, allow
patients to avoid local prosecution if caught possessing the drug.

On Monday, U.S. District Judge Charles R. Breyer was expected to decide if
an Oakland club is allowed to distribute medicinal marijuana. He hinted last
week he may be forced to permit it because the U.S. Justice Department
hasn't rebutted evidence that cannabis is the only effective treatment for a
large group of seriously ill people.

Gov. Gray Davis has approved spending $3 million over three years to
research the benefits and efficacy of marijuana, which is used by some to
ease the pain of terminal or chronic illness.

Even officers who fight drug use support the research, said John Lovell, a
lobbyist for the California Narcotic Officers Association.

"We've always supported all dispassionate research into the effects of any
drugs. I don't think anyone has any investment in ignorance," Lovell said.

Since California voters approved The Compassionate Use Act of 1996, voters
in Alaska, Washington, Oregon and Maine have approved similar laws. This
month, Hawaii became the first state to use legislation to approve the
possession and use of marijuana for medical purposes.

Voters in Nevada and Colorado also approved initiatives, but will vote again
on their measures this fall. Colorado's was disqualified after the election,
while Nevada's law requires approval in two successive elections.

Possession and cultivation of marijuana remains illegal under U.S. law, and
federal officials have repeatedly told state officials that medical
marijuana users risk federal prosecution.

Federal defendants who have tried to use the state's law as a defense have
failed, said Thomas J. Ballanco, the defense attorney involved in the two
biggest cases using the defense. He lost both.

In one of them, B.E. Smith was convicted of growing marijuana on federal
land in Trinity County. Smith has a doctor's recommendation for marijuana
and said he was growing the plants for himself and others who were able to
smoke pot under the Compassionate Use Act.

Smith is serving a 27-month prison sentence and is appealing the conviction.

"In the cases I've seen at the state level, it has been a successful
defense," Ballanco said.

One of his clients had her marijuana plants seized, then returned by the Los
Angeles Police Department. "We just backed up a truck to the LAPD and drove
off with a bunch of marijuana," Ballanco said.

Americans for Medical Rights provides legal assistance for patients who have
been arrested on drug charges and are using the Compassionate Use Act as a
defense in state courts.

"We're confident that patients are able to use the law as a defense,"
Pesulima said. "In the cases where there's more of an ongoing battle, it's
usually because they have more than the amount allowed for personal use or
they are using in public, which is clearly not allowed."