MARIJUANA MANEUVERINGS

When they passed Prop. 215 in 1996, California voters in effect told the
government to create conditions in which a small "white" or legal market for
patients whose doctors recommended that they use marijuana for medical
reasons could emerge. Although a few localities have come close to
accomplishing this, for the most part governments in California have flunked
the test of implementation.

In San Francisco what used to be the Cannabis Buyers Club keeps getting shut
down at the behest of Attorney General Dan Lungren, then reopening under
different names and with slightly different policies. Dennis Peron, the
club's founder, who has stepped aside to concentrate on a quixotic quest for
the Republican gubernatorial nomination, told us Thursday that what is now
called the Cannabis Healing Center is open again, after being closed earlier
in the week. It is run by Hazel Rodgers, 79, who uses cannabis to relieve
her glaucoma.

In San Jose, a medical cannabis club that began in a spirit of cooperation
with city officials has undergone raids by the police amid allegations that
many of its "patients" do not have notes from doctors and the club is making
huge profits. In Orange County, Marvin Chavez, who has tried for more than a
year to establish a Cannabis Co-Op, was arrested April 10; new charges were
filed April 16 and he remains in jail with bail set at $100,000. Law
enforcement officials claim that while Prop. 215 allows patients to possess
and use marijuana, it is still illegal to sell or distribute it.

Court decisions on cannabis clubs, even those that have closed them
temporarily, have acknowledged their legitimacy and outlined methods of
operating within the law, inducing some changes. But some law enforcement
people seem determined to close clubs no matter how much they change. That
raises the question of whether they are enforcing the law as the people of
California have written it and raises a legitimate concern about whether
certain government officials, notably Attorney General and gubernatorial
hopeful Dan Lungren, simply don't want the medical marijuana initiative to work.

If so, that's a shame. Californians passed Prop. 215 by a 56-44 margin and
every poll on medical marijuana shows strong majorities still in favor of
making it available to people with a valid medical reason, in the opinion of
a licensed physician, for using it. But if a legal and above-board method of
making the drug available to patients is not worked out, the only way to get
it will be through the black market. Except in the few communities that have
developed an orderly method of certification and distribution, that's where
most patients are getting it now.

In the Northern California city of Arcata, patient advocates, instead of
seeking or inviting confrontation, went to the city council and the police
department and offered to cooperate in devising a safe, legal and affordable
method of making marijuana available to qualifying patients. The result was
a new city ordinance under which, among other things, the police chief hands
out cards to certified patients and the police and health officials
regularly inspect the growing and distribution facilities.

San Jose officials, having experienced an embarrassing failure in their
city, are beginning to look at the Arcata model. Officials in Orange County
and the rest of the state would do well to follow suit.

It isn't easy to implement a safe and affordable medical marijuana
distribution system but it can be done. What's needed on all sides - from
government officials and some of the more flamboyant cannabis advocates
alike - is a decision to put patients first rather than a political agenda
or the desire for publicity.