FEDERAL, STATE LAWS DUEL OVER POT

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The420Guy

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Marijuana Conflicts Yet To Be Resolved By Legislators

A string of DEA raids across California triggered an exchange of letters
between state Attorney General Bill Lockyer and Asa Hutchinson, the
agency's director at the time, highlighting the conflict between state and
federal marijuana laws.

Lockyer called on Hutchinson to stop what Lockyer described as "punitive
expeditions whether or not a crime can be successfully prosecuted." He
charged the agency was going after small cooperatives that met local
guidelines.

Hutchinson replied that the U.S. Supreme Court ruled marijuana had no
accepted medical use under federal law and would remain a target under
federal drug enforcement efforts until Congress changes the law. "The
landscape's not real friendly right now. That seems to be the price we're
paying for being open and honest," said Chris Andrian, a Santa Rosa
attorney who has defended medical marijuana cases and commended local law
enforcement authorities for approving Sonoma County's guidelines. "We're at
one of those places where we don't know how things are going to shake out.
We're caught in this kind of power play that is leaving patients in the
lurch," he said. "Now they're taking more of a chance." California and
Arizona voters sparked the conflict by approving initiatives to permit
marijuana use for medical purposes in 1996. Seven other states have
followed with similar laws: Alaska, Colorado, Hawaii, Maine, Nevada, Oregon
and Washington.

Congressman Barney Frank, D-Mass., twice has proposed legislation that
would enable states to allow marijuana use for medicinal purposes without
running afoul of federal drug laws. They were never given a hearing. Frank
plans to reintroduce the legislation in the current session of Congress.
North Coast Reps. Lynne Woolsey, D-Petaluma, and Mike Thompson, D-St.
Helena, have co-sponsored Frank's bill in the past and said they will
continue to support the measure.

"The voters of California have made their feelings known. The federal
government needs to stay within its jurisdiction on this issue, in fact,
the U.S. should take California's lead and legalize medical marijuana,"
Woolsey said.

"It defies both compassion and common sense for federal agents to
prioritize the prosecution of cancer patients at this crucial time in our
nation's history. It's hard to understand how the arrest of a sick
grandparent is improving our national security," Thompson said. "The
current leadership of the House doesn't have a great track record on this
issue, but I remain hopeful that it will be given an opportunity for debate
and vote."

Several Republican representatives have signed onto Frank's measures, so
there is some bipartisan support. But Frank has acknowledged it will be a
tough fight.


Pubdate: Sun, 16 Feb 2003
Source: Press Democrat, The (CA)
Contact: letters@pressdemo.com
Copyright: 2002 The Press Democrat
Website: Home, Santa Rosa Press Democrat, Bay Area Newspaper, CA news
 
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