MEDICAL POT STILL GENERATING A LOT OF FIRE

For cancer and glaucoma sufferers, it was like a gift from on high.
For ordinary fans of the bud, it was like harvest season had come
early. For the "Just Say No" crowd, it was further evidence Washington
has lost its collective mind.

Speaking at a news conference, newly installed U.S. Atty. General Eric
Holder said Feb. 25 that the Drug Enforcement Agency would no longer
conduct raids on state-licensed medical marijuana dispensaries. Just
like that, it seemed to many, the medicinal pot wars were over-at
least in states like California, New Mexico and Hawaii, where
medicinal pot use is allowed.

"Holder's statement marks a dramatic shift in U.S. drug policy, and is
a major victory for the 72 million Americans who reside in states
where the use of medical cannabis is legal!" proclaimed Paul
Armentano, deputy director of pro-pot legalization group NORML, in his
blog Feb. 26.

But not so fast. While the AG's comments were certainly great news for
medical marijuana supporters, few on the drug-enforcement side of the
pot wars seem ready to put down their door rams and surveillance
cameras just yet.

Within days of Holder's remarks, officials with the San Diego police
and sheriff's departments said their agencies would still raid
dispensaries found "out of compliance" with existing drug laws. That
includes pot shops having more than two pounds of the herb on hand at
any given time.

San Diego County, like San Bernardino County, doesn't officially
recognize the legitimacy of Proposition 215, the 1996 California law
that legalized marijuana use for medicinal purposes. Both counties
have challenged the law in court. Neither county issues identification
cards to medical-marijuana seekers, nor honor IDs issued outside the
counties. San Bernardino won't allow dispensaries within its borders.
San Diego does allow them, but over the years have raided several.

"We're still seeking clarification from the U.S. Supreme Court on
medical-marijuana dispensaries because state and federal laws are in
conflict," says Jodi Miller, spokesperson for the San Bernardino
County Sheriff's Department. "In the event that we have a situation
where a deputy comes across someone in possession of marijuana but
carrying an ID card, we'll take a copy of that card and attach it to
the police report. However, the cards are not recognized in San
Bernardino County, so when the report is sent to the D.A.'s office,
it's still considered an offense and against the law."

Bottom line: Card-carrying or not, don't smoke pot in San Bernardino
County unless you're prepared to be busted.

In Riverside County, which issues ID cards, the official take on
medicinal pot is more relaxed, if also more convoluted. According to
county Assistant District Atty. Dennis Christy, the D.A.'s office
follows medical-pot enforcement laws set by state Atty. General Jerry
Brown. The guidelines are insanely complex, and abound in "this is
what to do unless you really don't want to" language.

For the average medicinal smoker, however, the important thing to
remember is that smoking is prohibited on a school bus, in a moving
motor vehicle or boat, or within 1,000 feet of a school, recreational
center or youth center-unless the smoking occurs within a residence.
It's not clear whether smoking a joint on a school bus parked in a
residential garage is permitted.

To read the guidelines yourself, visit
http://medicalmarijuana.procon.org/sourcefiles/Brown_Guidelines_Aug08.pdf.

Officials with the Riverside County Sheriff's Department didn't return
calls for comment by press time. But in a recent article in the
Riverside Press-Enterprise, Sheriff's Capt. Mitch Alm said the
department was "updating its medical marijuana policy to keep up with
recent changes."

All the confusion over medical marijuana has only served to enrage the
folks at the Inland Valley Drug Free Coalition, a Rancho
Cucamonga-based group that, along with opposing illegal drug use, also
opposes cigarette and alcohol abuse.

"When we first heard about Holder's comments, we were very concerned,"
says Tom Beard, a teacher/coalition chairman with the group.
"[President] Obama in the past has said that he's not too concerned
about marijuana, but after Holder's comments we did some research, and
according to the U.S. Attorney General's office, no decision or
memorandum on policy has been made. We strongly encourage the federal
government to enforce federal law and to shut down these rogue,
illegal operations throughout our state.

"We're 100-percent against what we call medical-fraud marijuana,"
Beard continues. "In 1996, California voters were fooled to believe
that marijuana was a medicine and would be used to treat terminally
ill patients. Proposition 215 basically allows anybody to get
marijuana for any condition whatsoever, including hair loss and heel
pain from walking around in high-heel shoes. This is a danger to the
state and a danger to our kids and people who believe they can use
marijuana instead of drugs that are lawfully approved by the federal
government and the Food and Drug Administration."