OAKLAND'S DEFIANT use of a federal anti-drug law loophole to legalize
the distribution of medical marijuana was a clever bit of lawyering that
will keep the Oakland Cannabis Buyers Cooperative open for the time
being.

But California needs clear and comprehensive legislation to properly
control the distribution of medical pot similar to regulations
controlling prescription drugs.

The state Legislature should get on the job and set up regulations for a
safe, legal and convenient way to get medical pot to sick people as
approved by the voters in 1996 when they passed Proposition 215.

Last week, Oakland declared the Cannabis Cooperative an official city
agency and designated the club's staff as officers of the city, immune
from prosecution under the Federal Controlled Substance Act.

A provision of that law gives immunity to local officials enforcing drug
laws. Oakland's attorneys claim the immunity extends to ``city
officers'' who possess, purchase and sell medical pot.

Attorney General Dan Lungren's office says Oakland is acting illegally,
but has no plans to move against the club, leaving it to local law
enforcement agencies that seem to have little interest in busting the
club.

Since Prop. 215 was passed two years ago, state and federal agents have
harassed medical pot clubs until there are only three left, in Oakland,
Marin County and Ukiah. That's not what the voters had in mind; 56
percent of California voters said sick people should have legal access
to medicinal pot. And many doctors and patients insist pot is an
effective nostrum for an array of ailments and conditions. Oakland is
doing the humane thing, but it should not have to manipulate the law to
stave off prosecutors.

The Legislature should design a system of legal medical marijuana
distribution and leave it to local communities to decide if they want a
hometown dispensary.

1998 San Francisco Chronicle

Checked-by: willtoo