LAW WEEK KICKS OFF WITH POT TALK

Area Lawyers Speak About the Legal Quagmire of Medical
Marijuana

May Day, once and elsewhere a pagan fertility festival, was declared
Law Day by Dwight Eisenhower in 1958, the intention being that
Americans focus on the role that law plays in their lives.

Saturday afternoon, local lawyers Sharon Byrne and Luis Esparza
discussed the legal quagmire of medical marijuana with interested
citizens and sparked off Law Week.

Law means different things to different people -- there is nothing
uniform about how individuals approach the broad terms and conditions
by which we agree to live amongst each other.

Some say that the law is a limit.

Others, that it provides necessary protection. And still others say
that the law is, in a sense, the definition of reality -- the world we
agree to live in. And of course there are those who say that rules are
meant to be broken.

But regardless of what one thinks, the law is constantly evolving, a
body in itself, working to describe, define, and maximize effect in
these rapidly changing times. Law works on many different levels, from
federal to state to local -- and of course to personal -- which
inevitably creates confusion and ambiguity, along with the freedom to
interpret and navigate the lawful world of words.

Marijuana's relationship with the law is a fitting example of these
dynamics.

Medical marijuana was first pushed in part by a Methodist Church in
Los Angeles under the Compassionate Use Act to relieve the suffering
of those at the end of their lives.

It was meant for cancer patients and those suffering from AIDS to help
them in their final transition. Over time, the legality of the
substance has changed drastically, and now practically anyone with a
headache, phantom pains, depression, or the ability to describe
insomnia convincingly has access to the substance.

There have been legal hurdles along the way. Marijuana is still viewed
as a Schedule 1 Substance, alongside heroin, which means that it has a
high potential for abuse and no medical value.

This is constantly disputed, both medically and legally, and the
result is the impassioned and absurdly expensive clashing of the gears
between federal, state, and municipal policy and action, as well as
finding clever ways to interpret the law. For instance, California's
medical marijuana is not legal -- the state just chooses not to punish
certain offenses if there is a physician's recommendation, which is
legally different than a prescription.

Byrne discussed the original intention of the Compassionate Use Act,
and how it has been, in her opinion, corrupted -- but could this also
be a change and evolution in the currents of social thought?

The way we view substances, she said, is largely historical and
political, not entirely founded in fact. In other times and other
places, marijuana was viewed as a sacrament.

Byrne says that the Compassionate Use Act was just the first step in
making a pipe dream come to life -- full-blown legalization, which now
seems imminent.

She, however, criticized the dispensary system and said that
proponents of marijuana are looking to profit, not to make the world
any healthier, and that the measure to make it legal is driven by
dispensaries for them to ensure their role as the place of sale. She
was more sympathetic to collectives and nonprofits cultivating and
distributing marijuana.

She says that cities will still have to negotiate the levels of
legality they'll accept, resulting in a confusing patchwork of policy.

Esparza, who works for NORML, says that the law empowered doctors and
allowed the approach and use of medical marijuana to expand.

He described it as a "fascinating government experiment" which has
turned into a beastly legal war, and says that if marijuana is
legalized for those over the age of 21, there will still be legal
battles to go. One issue is that employers will not be obligated to
accommodate their employees.

The term and meaning of disability will likely need to be
reworked.

Still, he says that drug laws do not work, and the effects of the laws
are often more harmful than the substances whose access they restrict.

There was a lot of charge on either side of the issue.

One woman in the audience recommended the United States adopt
Singapore's no tolerance laws regarding the substance -- the death
penalty -- because it works so well. Another audience member retorted
that, "So does pot."

There will be events held in Santa Barbara's downtown library
throughout the week to allow people to become aware and engaged with
the law, and policy, and the role it plays in their lives.

From 6 to 8 p.m. Monday, there will be a Town Hall Meeting with the
candidates for District Attorney. On Wednesday, from 7 to 9 p.m.,
there will be a Human Rights Presentation. On Thursday, at 5 p.m., in
the courthouse's Department 6, there will be Kids' Court, where
children will adopt stuffed animals with a real judge.

From 7 to 7:30 p.m., there will be the Law Day Essay Contest Award
Presentation, and from 7:30 to 8:30 p.m., Ona Russell will present
"Literature and the Law." At Noon on Friday, there will be a luncheon
benefitting teen court at the University Club.