THE YEAR IN REVIEW MEDICAL MARIJUANA

Last year California voters, by passing Proposition 215, made it clear that
they want marijuana, when used for medical purposes under the supervision
of a doctor, to be removed from the criminal arena - although most voters
are not interested in across-the-board legalization. During 1997,
implementation of the mandate was shakey. The year began with federal
officials hinting they might pull the licenses of doctors who recommended
marijuana for their patients, but they backed off, reinforced by a federal
court decision.

In California, several cannabis clubs continued to dispense marijuana, but
their ability to do so legally was called into question by a 1st District
Court of Appeals decision Dec. 12 that reinstated an injunction that shut
down the Cannabis Buyers' Club in San Francisco. Most observers, led by
Attorney General Dan Lungren, interpreted the decision as reaffirming state
law that prohibits anyone, even a non-profit organization, from selling
marijuana or possessing it for sale.

If that's the case, however, the result in practice will be that medical
patients with a doctor's recommendation will be able to possess marijuana
legally, but will only be able to obtain it on the black market, unless
they grow it themselves. Thus the black market will be reinforced. The
voters, perhaps relying on a clause in the initiative declaring one purpose
to be "to encourage the federal and state governments to implement a plan
to provide for the safe and affordable distribution of marijuana to all
patients in medical need," thought they were voting for a small scale legal
"white market" in medical marijuana.

A few localities have made efforts. The city of Arcata came up with a
detailed plan that could easily be adopted or adapted by other cities. San
Mateo flirted with the idea of distributing pot confiscated in drug busts,
and one Northern California city discussed the idea of using a vacant lot
behind the police station to do it. Santa Ana is having the issue thrust in
its face through prosecution of people involved with a cannabis buyers' club.

A closer reading of the 1st District's decision shows the court virtually
invited local governments to come up with safe and legal distribution plans
and delineated several criteria that would have to be met. Next year, then,
the ball will be in the hands of local governments.