HASHING OUT MARIJUANA

Medicinal Use Likely to Face Challenges, City Attorney Says.

Articulate J. David Sapp seems to be an ideal spokesman for a
proposed Columbia ordinance that seeks to legalize marijuana for
medicinal use and make possession of small amounts of marijuana a
municipal offense.

Until Sapp returned to Columbia four years ago, he had a doctor's
prescription that allowed him to buy marijuana-laced brownies from San
Francisco's Cannabis Club. He said the drug seemed to be the only
thing that would help lessen the tightening and spasms of his muscles,
which are caused by multiple sclerosis. Refusing to buy marijuana
illegally since moving back to his native Missouri, Sapp is speaking
out in support of Proposition 1, the so-called marijuana ordinance
drafted by law students at the University of Missouri-Columbia.

"People need to realize that this is an issue about being
compassionate for people who need help," said Sapp, 52, a former
attorney whose condition has left him completely disabled. "I am a
person with a serious illness that causes a lot of pain, and marijuana
relieves that. I refuse to go on the black market to buy it. I'm not
interested in lining the pockets of the people who would be selling
it."

Voters take up the issue April 8, but whether it would legalize Sapp's
ability to "obtain, possess and use" medicinal marijuana, as the
ballot language says, is in doubt.

Scott Holste, spokesman for Attorney General Jay Nixon, said
legalizing marijuana for anyone would be in direct conflict with state
statutes.

"Passing a city resolution or the implementation of a city ordinance
does not void a state law," Holste said. "City police must still
enforce state laws. You cannot, say, pass a law against burglary."

Holste saw no problems with the other element of the proposition,
which limits fines and makes possession of up to 35 grams of marijuana
a municipal offense.

City Attorney Fred Boeckmann also doubted the medicinal marijuana
language would stand up to legal muster but said, "I don't think our
prosecutor would" go after "anyone with cancer with or without this
provision," he said.

Columbia attorney Dan Viets, who is on the board of directors for the
National Organization for the Reform of Marijuana Laws, helped MU law
student Anthony Johnson write the proposition. He disagrees that the
issue is as cut and dried as suggested by Holste and Boeckmann.

"I agree that this is something that has not been tested in Missouri, but
I disagree with the attorney general and city attorney," Viets said.
"Every prosecuting attorney has complete discretion in whether or not
to pursue a charge. The city prosecutor is an employee of the city,
and I can't imagine why the people of the city can't direct the
prosecutor." Viets also said someone must file a lawsuit in order for
the medicinal marijuana language to be tested in court.

Johnson, 25, who is president of the campus chapter of the American
Civil Liberties Union, said he's not sure legalizing marijuana for
medicinal use would stand up in court.

Johnson noted that the proposition contains a severance clause, which
would mean any part of the ordinance invalidated by courts could be
dropped without affecting the rest of the proposition.

Combining the issues in one proposition has led some people to wonder
whether the medicinal marijuana element was added merely to snag votes
from seniors and the seriously ill.

It's a criticism Johnson strongly denies.

"First, the courts have not ruled on it. And second, we believe that
legalizing marijuana for medicinal purposes would help seriously ill
persons," Johnson said. "I believed including it was the right thing
to do."

While supportive of the medicinal marijuana clause, MU sophomore
Chelsea Hughes said she intends to vote against the
proposition.

"I don't think students need any more motivation to smoke marijuana,"
she said. "Every college campus is going to have a lot of students
sympathetic" to more lenient marijuana laws, "but I don't think this
is a good proposal."

Hughes fears that greater leniency toward marijuana would result in
lessening of other drug laws.

So far, much of the discussion about the proposition, which was voted
down by the Columbia City Council last week, has focused on students,
who could lose financial aid if convicted of a drug offense in state
court.

Sapp intends to speak to anyone who will listen about medicinal
marijuana.

But Johnson admits he wishes the issue was not lumped together with
the other leg of the proposition dealing with fines and prosecution of
people caught with marijuana.

"I support the entire ordinance, but I think they are two very
different issues, and that could potentially be confusing to people,"
he said.