LOCKYER GIVES QUIET OK TO S.F. POT CLUBS

But Distribution Should Be Discreet And Low-profile

California's attorney general told San Francisco authorities yesterday that
medicinal marijuana distribution in the city can proceed if it is done
discreetly, so that federal authorities do not feel the need to intervene.

The advice from Bill Lockyer, who supported the passage of Proposition 215
in 1996, was a tacit recognition that pot is quietly being dispensed for
medicinal use in San Francisco.

The distribution is taking place even though U.S. District Judge Charles
Breyer ordered the high-profile Cannabis Cultivators Club shut down last
year for violating federal law. The court order also closed a few other big
Bay Area pot clubs.

``I respect local community values,'' Lockyer said after a meeting in the
office of Board of Supervisors President Tom Ammiano. Others on hand
included San Francisco District Attorney Terence Hallinan, City Attorney
Louise Renne and Dr. Mitch Katz, director of the city's Department of Public
Health.

``If local law enforcement is supportive of implementation of Proposition
215 and their policies don't provoke outside prosecution, I have no
intention of intervening,'' added Lockyer, a Democrat who was elected in
November to replace Dan Lungren, who vigorously opposed legalizing the
medicinal use of marijuana.

Lungren dueled with Dennis Peron, founder of the Cannabis Cultivators Club,
but it was the federal government that finally shut down the 9,000-member
operation.

Since then, smaller groups have quietly tried to take up the slack. They
work with Hallinan's office to ensure that patients produce verifiable
recommendations for treatment from doctors, and they shun publicity in order
to avoid federal attention.

A reporter's call to one of them to ask about its operations brought this
response: ``I can't comment. We're trying to stay open. The city is well
aware of what we're up to.''

``My advice to them is to keep their heads down. Keep a low profile,''
Hallinan said after the late-afternoon meeting.

One pot club that will comment is the Oakland Cannabis Buyers Club, which is
appealing Breyer's order. It is still taking in patients, but instead of
dispensing pot, it refers them to other organizations that distribute the
substance.

``I think Lockyer can defy the feds,'' said the Oakland club's Jeff Jones.
Lockyer has appointed a task force to determine how California can implement
Proposition 215, despite federal disapproval.

``If the task force were to say that clubs can't operate because of the
federal government, then they aren't being creative enough,'' Jones added.

Ammiano said he took heart from Lockyer's words. ``If we attempt to
distribute marijuana to those who are verifiably sick, and if that is not
done with an in-your-face attitude, we can almost guarantee that those
people's needs will be met,'' he said.

The office of U.S. Attorney Robert Mueller declined to comment on Lockyer's
statement that low-key pot distribution probably would not spark a federal
response. Calls were referred to Washington, D.C., where Justice Department
offices were already closed.

Lockyer also said he plans to lobby in Washington on Monday along with
attorneys general from other Western states that have passed pot
propositions. Bolstered by a study released this week that showed marijuana
is effective in combatting the side effects of some diseases, they want
marijuana reclassified by the federal government as a less-dangerous
substance.

They also want the government to step up its research into marijuana's
medical uses.

Those at the meeting discussed having the city Department of Public Health
get into the medicinal pot distribution business. But both Lockyer and
Ammiano said there are many unanswered questions about such direct city
involvement.

For now, Ammiano suggested, the city will explore the idea of having the
department help verify that patients' referrals from doctors are genuine.