MEDICAL POT LAW A HEADACHE FOR COPS

The San Francisco Police Department's top anti-drug enforcer is calling the
state law allowing the medicinal use of marijuana a giant law enforcement
headache fueled by confusion.

Lt. Mike Puccinelli, who heads the SFPD narcotics division, said officers
have to determine when the use and possession of pot is legitimate and when
it is not even though the rules aren't clearly spelled out.

The district attorney faces a similar dilemma.

Both San Francisco police brass and District Attorney Terence Hallinan have
said they don't want to deprive anyone of marijuana used for medicinal
purposes, but until there are clarifications in the law, confusion reigns.

"We're in a horrible position now," Puccinelli said. "It's a big mess."

Since California voters approved Proposition 215 in 1996 by a 6-4 ratio,
local jurisdictions have been grappling with how to handle it.

Such cities as San Jose and Fairfax in Marin County have provided permits
for pot clubs to operate, and now several elected officials in San
Francisco are contemplating a similar move.

The City's Health Department is on record in support of Prop. 215 and
issued guidelines to local doctors on which patients should be considered
for the therapy and under what circumstances. They also outline the
potential benefits and risks of pot.

The ground-breaking California law allows people to grow and possess
marijuana, if it is recommended by a doctor for treatment of symptoms
related to such illnesses as AIDS, cancer, arthritis, glaucoma and
migraines.

Supervisor Tom Ammiano, who held a City Hall hearing Thursday on San
Francisco's response to the state law, said he has no doubt that there's
the political will in The City to assure sick people access to pot.

"What concerns me is that the nuts and bolts aren't there to withstand the
attacks," Ammiano said.

He's calling for a coordinated effort among city agencies to address
everything from access to enforcement.

Gary Johnson, who has AIDS and is in a constant battle to keep weight on
his fragile frame, pleaded with city officials to defy state and federal
authorities and do everything they can to provide people in need with their
voter-given right to marijuana.

"Don't they know that people are sick and dying?" he asked. "A lot of
people don't know how much this fight has taken out of people. But I'd
rather break the law and give them a joint than watch them starve."

While the Health Department is moving forward through medical channels, the
district attorney and police have put on hold the drafting of their
guidelines, while the fate of Prop. 215 is debated in the courts and the
state Legislature. The law does not address such issues of supply and
distribution, and raises questions in other areas, opening the door to
legal attacks.

Puccinelli recounted a recent incident in which an officer came upon two
men smoking pot in Boedekker Park -- a well-known haven in the Tenderloin
for drugs and related crimes. One of the men said he needed marijuana
because he was sick, and offered to share it with his friend, whose use did
not fall under Prop. 215's jurisdiction. Situations like that, Puccinelli
said, are troublesome for police who don't want to harass sick people but
who also are charged with enforcing anti-drug laws.

Neighbors of such parks as Boedekker and Mission Dolores in the Mission
District, for example, have called on police to crack down on the rampant
use and sale of illegal drugs in their areas.

"If you allow people to smoke marijuana in public, that's going to cause a
problem," Puccinelli said.

There's also dispute over whether San Francisco police are arresting and
citing people who have marijuana for medical purposes. Wayne Justmann,
representing the Cannabis Cultivators Club -- the pot club started by the
father of the movement, Dennis Peron -- said he gets reports two or three
times a week from people who say they were unfairly harassed by cops.

Ammiano said guidelines must be drawn that clearly outline police
enforcement policy.

One speaker said a ban on outdoor use wouldn't be fair to homeless people,
who have a difficult time finding refuge indoors.

An alternative, at least for now, are cannabis buyers clubs, where people
go to smoke or ingest pot. There are five operating in San Francisco, but
federal law enforcers have tried to shut them. Critics of the clubs say
they don't limit their services to the ill. "There's a chilling effect out
there right now," Ammiano said. "Even though some of the cannabis centers
are open, there's still grave concern that there can be a bust."

)1998 San Francisco Examiner