THINKS GRAY REDUCED TO MEAN-SPIRITED NAME-CALLING

To the editor:

Regarding the comments of Altoona police chief John L. Gray ("Marijuana not
humorous" Dec. 25), I was disappointed that your newspaper would print such
a mean-spirited, ad hominem attack. If Gray had any evidence that someone
was smoking pot, it would be his duty to arrest that person, not call him
or her names in the newspaper. Once again, Gray demonstrates that he will
not investigate the facts, and that he has a complete disregard for the
truth. The people of Altoona would be well-served to find a law
enforcement officer with a better sense of justice and fair play.

Regarding Chief Gray's personal attack printed under the headline "Head
shops don't help patients" (Dec. 11):

Here are more facts that Chief Gray needs to know. While it is true that
the voters in California approved a broad medical marijuana initative in
November of 1996, this only happened because for two years in a row
California's Gov. Pete Wilson vetoed more conservative medical marijuana
bills passed by the California State Legislature. Medical marijuana
activists were left with no choice but to take the issue directly to the
voters, and they made the law as broad as it could possibly be made.

The law approved by the voters in California allows patients and their
immediate caregivers to grow and possess marijuana on the oral or written
recommendation of a doctor. Since federal law prohibits the growing or
possession of marijuana, as well as the prescription of marijuana, the
initiative only protects patients and doctors from prosecution in state
courts. The federal government can still theoretically prosecute anyone
for possession of any amount of marijuana for any reason, although there is
a question of states' rights currently being considered in federal court in
Washington, D.C. Pearson v. McCaffrey, Case No. 97-CV-00462 (WBB)
("http://pw2.netcom.com/~zeno7/complain1.html"). Interestingly, a federal
court in San Francisco has recently ruled that the federal government may
not threaten doctors who simply recommend (not precribe) the use of
marijuana to their patients. Conant v. McCaffrey, Case No. C97-0139 FMS
("http://www.lindesmith.org/mmjsuit/order.html").

Chief Gray is mistaken in his comments regarding the recent article in the
Dec. 8 issue of TIME magazine "Too High in California" regarding the San
Francisco Cannabis Buyers Club. Just this past week, a San Francisco,
California appellate court found that the club did not fit the definition
of an "immediate" caregiver and ordered the club to shut down. Because the
club was in full operation for several years prior to the passage of last
year's medical marijuana iniative, Chief Gray's comments about the club
being the result of the initiative are highly misleading.

I'm certainly delighted to know that Chief Gray has not violated Iowa's
medical marijuana law by arresting doctors for recommending marijuana to
their patients, as this would place him in violate of both state and
federal law. However, he would do well to stop referring to Iowa's medical
marijuana law as some scheme to sell crack cocaine to kids in candy stores.
Such tactics are worthy only of a runaway police state.

As for clearing the air in my room, I submit that the air in my room is
cleaner than the hot air Chief Gray is blowing from his bully pulpit as
chief of Altoona's police department.

Carl E. Olsen
Des Moines