Medical Marijuana Distribution Summit, Sacramento: Video Available
On May 26 we attended the Medical Marijuana Distribution Summit, a three-hour hearing by the California Senate Committee on Public Safety, chaired by Senator John Vasconcellos. Over a dozen doctors, law enforcement officials, political representatives, activists, and other experts were invited to speak, and anyone could sign up for public comment. A videotape of the meeting, available at low cost, provides an excellent background on many of the issues today.Unfortunately the Federal government refused to participate, citing ongoing litigation. California Attorney General Dan Lungren did send a representative.
It is impossible to summarize such a meeting, but here are a few things we learned:
There are many different kinds of medical marijuana clubs. For example, some establish a cooperative garden so that the cannabis is provided for the nominal cost of tools and supplies--and do not make the patient wait the months required for their plants to mature.
Models with local government involvement include the cities of Arcata and West Hollywood. In both cities, cannabis is grown openly for patients, avoiding the need to obtain an underground supply.
The county of San Mateo is exploring the possibility of a clinical trial of medical marijuana--which could be permitted under Federal law, since the drug would be used for research.
In some rural areas of California, most of the interest in cannabis is not from persons with HIV, but from patients in wheelchairs who have severe, chronic pain and have not found satisfactory relief with other treatments. They frequently talk about suicide, and sometimes do kill themselves. [The main problem here may be improper pain treatment with approved prescription drugs. Experts agree and have said for decades that severe pain is greatly undertreated. This situation persists, in large part because doctors are afraid that they may be targeted by law enforcement if they prescribe more pain medication. Undertreatment of pain could be worse in rural areas where physicians may be less able to put together a legal defense if necessary.]
There is strong opposition against allowing patients to use marijuana at a site were it is dispensed; they must take it away and use it elsewhere, like other medicine purchased at a pharmacy. [This is unfortunate since social isolation is a major problem for patients with chronic illness and severe pain, and the social outlet has been important where it has been tried. Many people were offended by the "party atmosphere" at Peron's clubs; we would urge that seriously ill patients be permitted to choose the atmosphere that works best for them. But most cannabis clubs have had to accept the pharmacy-only model in order to have any chance of being allowed to operate at all.]
In most of California, Proposition 215 has not been allowed to work, and patients are still arrested for legitimate medical use. Some rural counties are so poor that county workers may not get their paychecks; the funding they do have available is from Federal marijuana-eradication projects. This dependence complicates efforts to discuss medical use with law enforcement, and sometimes even in local newspapers.
"California now has 20 times as many marijuana prisoners as in 1980," according to Dale Gieringer of California NORML (http://www.norml.org/, or 415-563-5858). Persons using cannabis for medical purposes do get caught up in this massive arrest and imprisonment.
It is widely agreed that Federal cooperation is necessary for finding a workable solution on medical marijuana. But with both Democrats and Republicans using the war on drugs as a political football, Washington has no interest in a solution at this time.
For a Videotape of the Summit
To obtain a videotape of the Medical Marijuana Distribution Summit, send a request to:
attn: Claudia
Senate Rules Committee
1020 N. St., Room 585
Sacramento, CA 95814
Ask for the three-tape set for the "Medical Marijuana Distribution Summit, Senate Committee on Public Safety, May 26, 1998," and enclose a check for $18. Most orders are filled within a few days. If you have questions, call Televising the Senate, 916-445-4913.
Appendix: Text of Proposition 215
The following proposition was approved by California voters in November 1996. Previous legislation to prevent prosecution of patients had been passed by the state legislature but repeatedly vetoed by Governor Pete Wilson, in 1994 and 1995. The governor cannot veto a proposition passed by the voters.
SECTION 1. Section 11362.5 is added to the Health and Safety Code, to read:
11362.5. (a) This section shall be known and may be cited as the Compassionate Use Act of 1996.
(b)(1) The people of the State of California hereby find and declare that the purposes of the Compassionate Use Act of 1996 are as follows:
(A) To ensure that seriously ill Californians have the right to obtain and use marijuana for medical purposes where that medical use is deemed appropriate and has been recommended by a physician who has determined that the person's health would benefit from the use of marijuana in the treatment of cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis, migraine, or any other illness for which marijuana provides relief.
(B) To ensure that patients and their primary caregivers who obtain and use marijuana for medical purposes upon the recommendation of a physician are not subject to criminal prosecution or sanction.
(C) To encourage the federal and state governments to implement a plan to provide for the safe and affordable distribution of marijuana to all patients in medical need of marijuana.
(2) Nothing in this section shall be construed to supersede legislation prohibiting persons from engaging in conduct that endangers others, nor to condone the diversion of marijuana for nonmedical purposes.
(c) Notwithstanding any other provision of law, no physician in this state shall be punished, or denied any right or privilege, for having recommended marijuana to a patient for medical purposes.
(d) Section 11357, relating to the possession of marijuana, and Section 11358, relating to the cultivation of marijuana, shall not apply to a patient, or to a patient's primary caregiver, who possesses or cultivates marijuana for the personal medical purposes of the patient upon the written or oral recommendation or approval of a physician.
(e) For the purposes of this section, "primary caregiver" means the individual designated by the person exempted under this section who has consistently assumed responsibility for the housing, health, or safety of that person.
SEC. 2. If any provision of this measure or the application thereof to any person or circumstance is held invalid, that invalidity shall not affect other provisions or applications of the measure that can be given effect without the invalid provision or application, and to this end the provisions of this measure are severable.
