REGISTRATION PLAN FOR MEDICAL POT
Users could get marijuana seized by San Mateo County

REDWOOD CITY

People suffering from AIDS, cancer and other diseases could register with
San Mateo County so police know that it is all right for them to smoke
marijuana under a program given a tentative green light yesterday.

In a unanimous decision, supervisors pledged to have guidelines ready by
early next year showing who could qualify for legal protection under
Proposition 215.

Supervisors also agreed to study board President Mike Nevin's novel idea to
create a governmentrun pot dispensary. In a meeting last week with state
Attorney General Dan Lungren, Nevin proposed dispensing pot seized by
narcotics agents through county health clinics.

One person who did not agree was Salvador Garcia, who saw his proposal to
open a privately run pot dispensary go up in smoke.

Garcia, who suggested in a letter that narcotics agents turn over
confiscated pot to him for distribution, issued a flyer before yesterday's
meeting calling for a protest, which did not materialize. The flyer said
he didn't want ``communistic rule to infringe on the rights of free
enterprise.''

``You are basically infringing on my rights to do business in your
county,'' he said yesterday.

It was Garcia's proposal to open a place in unincorporated North Fair Oaks
where he could grow and distribute medical marijuana that got the
supervisors involved in the dispute. Residents of the predominantly Latino
community objected to having the pot dispensary in their neighborhood.

Nevin now wants a change in state law and, if necessary, federal law, to
allow a pilot distribution project. He would appease concerns raised by
Lungren that distributing pot sends the wrong message to children by
expanding antidrug education.

``We're worthy of a test. We're worthy of being trusted,'' said Nevin, a
former San Francisco police officer.

Nevin said Lungren authorized a staff attorney to work with the county to
draw up a proposal.

The supervisors' moves come in the aftermath of last year's passage of
Proposition 215, which legalized the use of marijuana for medicinal reasons
but was hazy on the details of regulation. The vaguely worded initiative
authorizes ``primary caregivers'' to distribute pot to the ill and has
given rise to socalled cannabis clubs.

In San Francisco, police ignore cannabis clubs, where people with medical
approval can obtain marijuana. But in San Mateo County, where twothirds of
voters supported Proposition 215, officials say clubs do not meet the legal
requirements of being a primary caregiver.

Officials decided that registering individual patients and caregivers could
work instead.

Lungren has not taken a position on the concept, preferring to let local
agencies devise their own strategies, spokesman Matt Ross said.

Proponents had to convince District Attorney Jim Fox, who signed the ballot
argument against Proposition 215. Fox said he approves of the county's plan
as long as the definition of ``primary caregiver'' is narrow and patients
receive a doctor's approval.

Scott Morrow, the county's chief health officer, has said that from 1,500
to 5,000 people in the county might qualify to receive medical pot. Morrow
yesterday warned that registration cannot be foolproof.

``We cannot set up a system where we could eliminate fraud,'' he said.

Despite those concerns, Sheriff Don Horsley said the county's police chiefs
support the plan for a local identification system. If stopped, patients
and caregivers could show they have a legitimate reason to possess
marijuana, he said. ``I think this is the right way to handle a sensitive
issue,'' he said.