Calaveras County Report

MEDICAL POT PANEL OK'D

Committee To Look At Rules

SAN ANDREAS - A committee will study how to develop guidelines for medical
marijuana use in Calaveras County, supervisors decided Monday.

But supervisors, who were split on forming the committee, stopped short of
backing a county-run dispensary that would make the drug available to those
with a legal right to it.

The board's 3-2 vote to form the committee followed a lengthy discussion
that included testimony from several medical marijuana users who said they
had been denied the right to use the drug even though it's the law.

The board directed Jeanne Boyce, the county's Health Services Agency
director to develop a list of potential committee members to study the
issue. Among those expected to serve on the panel would be Sheriff Dennis
Downmum, District Attorney Peter Smith, local health care officials and
perhaps a medical marijuana user.

The board's decision encouraged David Jack, a 57 year old Angels Camp
resident and medical marijuana user who brought the issue to the supervisors.

"The wheels are turning," said Jack, who uses marijuana to counter the
effects of a brain stem tumor. "We're moving in the right direction."

Jack had asked the county to create a picture identification card system
that would protect medical marijuana users from sanctions and prosecution
and also to establish a nonprofit dispensary so those with a legal right to
marijuana could obtain it without resorting to what Jack called the "black
market."

"We need to resolve these issues of ambiguity with clear guidelines from
the people who are affected - doctors, patients, caregivers and law
enforcement," Jack said.

Boyce said after the meeting she heard no support for the idea of a county
run marijuana dispensary but said whoever is appointed to the committee-the
board would have the ultimate say-likely will discuss all facets of the
state law governing medical marijuana use.

The law, passed in 1996, made it legal for people suffering from certain
serious medical conditions to use marijuana if they have a doctor's
recommendation or approval.

But ambiguities remain about how the law should be implemented, and
marijuana use and possession is a federal crime.

And Smith said later he was concerned about the county getting involved in
the distribution of marijuana.

"That's where problems can arise with respect to who distributes it and the
safeguards against supplying people who don't fall within the initiative."
he said. "I'm really concerned about giving any local government entity the
power to do that."

Downmun agreed.

"It's absolutely absurd to think about the county providing marijuana or
any drug to anyone," he said. "It's just not a county function to do that."

Still, Downmum said it would be helpful to have guidelines so law
enforcement can properly deal with Proposition 215. As it is now, Downmum
said, deputies are told to ask anyone found with marijuana if they have
medical purposes.

He said anyone who produces anything remotely verifiable in the way of a
doctors recommendation or prescription hasn't been prosecuted. But Jack and
several others Monday said even though they have doctor's recommendations,
they have had trouble with law enforcement officials.

Christopher DeMars, who lives in Tuolumne County, said guidelines are
needed so "we can stop the abuse of the sick and the dying by law
enforcement and the court system."

Roger Adams, who lives in Mokelumne Hill, said he was arrested and
prosecuted for marijuana possession even though he had a doctors note. He
said he paid the fine rather than hire an attorney. Downmum said later
Adams obtained a doctors note weeks after he was charged with the crime.

Supervisors Tom Tryon, Lucy Thein and Merita Callaway supported the
formation of a committee. Board Chairman Paul Stein and Supervisor Terri
Bailey voted against it.

Tryon said it was a "crime" to deny the legitimate medical marijuana
patients the medicine that will help relieve their suffering.

But Bailey said guidelines should be developed by the state to preclude
dozens of different laws in cities and counties.

"I feel a compassion," she said, "but this isn't the proper forum for
guidelines."