EDITORIAL UPDATE

California Attorney General Bill Lockyer has taken an important step
forward in California's long-running struggle to have the federal
government respect the medical marijuana law voters passed in 1996.

Following the 9th Circuit appeals court decision Sept. 13 ordering the
District Court to consider the possibility that there could be "a
class of people with serious medical conditions for whom the use of
cannabis is necessary," Mr. Lockyer wrote a letter Oct. 6 to U.S.
Attorney General Janet Reno urging that the U.S. Justice Department
not file a petition for rehearing so the District Court can proceed
and consider the question.

The issue is key to writer Peter McWilliams, an AIDS and cancer
patient facing federal charges for conspiracy to grow and distribute
marijuana. (See www.petertrial.com) A condition of his bail was that
he not smoke marijuana. He has complied, but his viral count has
increased to life-threatening levels. Relying on the 9th Circuit's
September decision, he filed an appeal Oct. 14 to allow him to smoke
medical marijuana before his trial, which begins Nov. 16. The
government must file a response tomorrow and a decision could occur
within a week.