Even those who oppose in principle the legalization of marijuana for medical
purposes, or who oppose the manner in which Proposition 215 accomplished the
legalization should thank Attorney General Bill Lockyer for his attempt to
make the 1996 ballot initiative work.

The law in California now allows the limited possession and use of the
previously illicit hallucinogen to alleviate symptoms - especially the pain
and nausea of such illnesses as cancer, multiple sclerosis, AIDS and
glaucoma. The terribly drafted initiative does two things:

- - It allows individuals to grow and possess marijuana in limited quantities
if it is recommended by a health care provider.

- - It establishes medical need as a legal defense if an individual is charged
with possession and distribution of marijuana.

Opposed by former Gov. Pete Wilson and Attorney General Dan Lungren, almost
nothing was done to implement the law or to overcome its many flaws.

Lockyer, a former Bay area legislator specializing in justice issues, formed
a task force to recommend implementation steps.

Some of the task force's recommendations will require enabling legislation.
Gov. Gray Davis, who opposed the proposition, has not taken a position on
Lockyer's proposals.

The heart of the plan is establishing a statewide registry of legitimate
users based on a written statement of need by a doctor. A patient photo
identification card would be issued. Registration would be renewed annually.

These recommendations would address significant flaws in Proposition 215.
The proposition did not state that the use of marijuana had to be
recommended in writing by a licensed physician. It did not establish a
registry to track and identify legitimate users AD as opposed to
recreational drug users. Annual renewal was not required.

The task force hopes strengthening such provisions and requiring a photo ID
will make arrest and enforcement decisions uniform statewide.

The task force also is recommending legitimizing cooperative growing and
buying clubs. The proposition only referred to individual rights to grow and
possess the plant. But in many places, users prefer to buy the substance in
finished form.

Police hostile to Proposition 215 have prosecuted buyers clubs and those who
utilize their services. They contend these clubs have strayed outside the
realm of the law.

There is one area the state cannot address. Proposition 215 violates federal
laws covering the possession and use of marijuana.

How the conflict between the state and federal laws will be resolved and
whether Davis will sign any enabling legislation that may be needed are not
known. But at least Lockyer and his task force have made a credible effort
to make a lousy law work.