MEDICAL MARIJUANA PROTEST COMES DOWN TO FEDERAL-STATE QUESTION

FAIRFIELD - About a dozen medical marijuana advocates held an orderly
protest Wednesday in front of the Solano County courthouse, saying
local law enforcement has been ignoring state law and arresting
patients for having marijuana.

But Solano County supervisors countered that marijuana possession is
still illegal under federal law.

As protesters stood in front of the Hall of Justice - some holding
signs - Leona Mae Benjamin and John Benjaminsen were inside asking for
a preliminary hearing postponement because they'd hired a new
attorney. The couple, described by protesters as a caregiver and
patient, was arrested in October at their home near Rio Vista for
allegedly cultivating and selling marijuana.

Galen R. Lawton, 38, Solano Patients' Group spokesman, called on the
Board of Supervisors to allow the county health department to issue
medical marijuana identification cards. Solano is the only county in
the Bay Area that does not have such a program, he said.

Lawton said agencies like the Benicia Police Department and Solano
County Sheriff's Office have opted to "hide behind federal law instead
of following state law."

Proposition 215, passed by California voters in 1996, aimed to exempt
from prosecution, patients and caregivers who possess or cultivate
marijuana for medical treatment recommended by a physician.

Nevertheless, "it's a federal violation," said Supervisor John Silva,
District 2-Benicia, "the use of marijuana for medical or any other
purposes and I don't support the violation of the law.

"I think the U.S. Supreme Court trumps state law," he
said.

Supervisor Mike Reagan, District 5-Vacaville, agreed, saying "there is
a supremacy clause in the Constitution that makes federal laws
override local druthers. It's illegal and as far as I'm concerned will
remain so in Solano County."

Lawton and his wife, Laura Jane Coleman, were arrested in December
2004 on suspicion of cultivating, possessing and selling marijuana.
Their cases are scheduled for jury trial in July.

Lawton said patients are not asking for special privileges, but law
enforcement is supposed to follow state law even when it is in
conflict with federal law.

Solano County District Attorney Dave Paulson was not available to
comment on the cases being prosecuted and no one from the health
department responded to requests to discuss the identification card
program.

Supervisor John Vasquez, District 4-Vacaville, said he wasn't even
sure people can cultivate marijuana under state law. He said right now
he probably wouldn't support a medical marijuana identification card
program.

Supervisor Barbara Kondylis, who represents Vallejo, could not be
reached for comment.

Duane Kromm, District 3-Fairfield, said many health care professionals
don't think there's much medical validity to medical marijuana.

"The various ailments and diseases and symptoms and things that folks
that want to use marijuana to help take care of - the medical folks
I've talked to would all seem to indicate that there's better or more
efficient ways to treat them," he said.

"I'm not necessarily against marijuana, but I don't think the medical
marijuana is particularly valuable or a necessary procedure."