THERE'S A SECOND CHANCE ON MEDICAL MARIJUANA

A FEDERAL appellate court has given Gov. Gray Davis reason to reflect on
his obstinacy on Proposition 215, the medical marijuana initiative that
voters passed in 1996.

The court ruled that the federal law forbidding the sale and use of
marijuana is not absolute. Those who enforce it -- judges, prosecutors,
governors -- should at least consider an exception when marijuana is
medically necessary.

The decision won't be the final word. The case now returns to U.S. District
Court Judge Charles Breyer, who must decide whether Oakland's Cannabis
Buyers' Cooperative falls under the exception. The club is one of a
half-dozen that had been distributing marijuana to AIDS and cancer patients
to relieve pain and nausea.

Over the past year, San Jose Sen. John Vasconcellos has sought to bridge
the gap between federal law and Proposition 215. The solution -- a state
registry for medical marijuana users -- collapsed on the final days of the
session.

Davis' expected veto contributed to the failure to compromise. The federal
court's ruling gives him a second chance to show leadership and flexibility.