SANTA CRUZ PROPOSES MEDICAL MARIJUANA DEPARTMENT

SANTA CRUZ- - Some city leaders want to sell medical marijuana to ill
residents by creating a new department within the city: an Office of
Compassionate Use, with a five-member advisory commission and the
capacity to archive patient records.

The office would provide the drug to people suffering from serious
illnesses who have a note from their doctor.

"I see it as a real opportunity to do something that can help
people," Councilwoman Emily Reilly said Monday.

The city has long struggled with balancing strict federal marijuana
laws with looser state and local laws.

"It's really a shame we should be in this position," Reilly said.
"The people in this state made it clear medical marijuana is
something we want."

Reilly and Mayor Mike Rotkin, sponsors of the proposed ordinance that
would create the office, will seek approval for the new department
from their colleagues on the City Council tonight, but say they will
only establish the office after getting approval from the federal
government - something that ensures a long legal fight.

Assistant City Manager Martin Bernal said no figures had yet been
calculated on how much the department would cost to run, nor how many
employees would be needed to operate it.

But Reilly and Rotkin say it could be financed with fees paid by
participants of the program.

The city is struggling financially and recently cut $720,000 from its
general fund.

Rotkin said the idea for an Office of Compassionate Use was broached
by the American Civil Liberties Union and Wo/Men Alliance for Medical
Marijuana - a local cooperative founded in 1993 with 200 members that
was raided by federal agents in 2002. The two groups see the proposal
as a way to legally test the state's autonomy over the use of
marijuana for medical reasons.

California voters passed Proposition 215 in 1996 to allow marijuana
consumption by seriously ill patients. However, the federal
government is steadfast in viewing marijuana as a dangerous and
illegal drug, and in some cases has challenged its use and distribution.

In June, the U.S. Supreme Court ruled that medical marijuana users
can be prosecuted by the federal government.

Allen Hopper, attorney for the ACLU's Santa Cruz-based Drug Law
Reform Project, said the proposed ordinance is a way for the city to
assert its 10th Amendment rights - that certain powers are reserved
for state governments.

"We believe the city government, under the 10th Amendment, has the
authority to opt out of the federal government's marijuana
prohibition scheme," Hopper said. "WAMM figured this ordinance is a
way to get medical marijuana to those who need it without the
individuals being subject to federal prosecution."

Santa Cruz is the first city in California to introduce an ordinance
for establishing an Office of Compassionate Use, Hopper said.

"The Santa Cruz city government has always been extremely supportive
of medical marijuana," he said. "We hope others follow suit and use
Santa Cruz as a model."

The city's first sanctioned medical marijuana dispensary, Greenway
Compassion Relief Inc., opened in September in the Harvey West
Business Park. The business is owned by Boulder Creek resident Lisa
Molyneux, who says she provides marijuana for up to 100 patients a day.

Molyneux supports the city operating a similar business.

"I'm all for it," Molyneux said. "It's probably the best way to
control what's going on out there with the feds."

Rotkin said he envisions the Office of Compassionate Use contracting
with a pharmacy to provide the drug.

"I don't think anybody's upset with the idea that a pharmacy can sell
codeine," he said. "Why wouldn't medical marijuana be distributed the
same way?"

Police Chief Howard Skerry said his input was not sought when
creating the city's proposed compassionate use ordinance, and it's
too early to say how the Police Department would be impacted.