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Cannabis Campaigners' Guide News Database result:
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The Year In Review Medical Marijuana
Orange County Register, US Sunday 28 Dec 1997 that they want marijuana, when used for medical purposes under the supervision of a doctor, to be removed from the criminal arena - although most voters are not interested in across-the-board legalization. During 1997, implementation of the mandate was shakey. The year began with federal officials hinting they might pull the licenses of doctors who recommended marijuana for their patients, but they backed off, reinforced by a federal court decision. In California, several cannabis clubs continued to dispense marijuana, but their ability to do so legally was called into question by a 1st District Court of Appeals decision Dec. 12 that reinstated an injunction that shut down the Cannabis Buyers' Club in San Francisco. Most observers, led by Attorney General Dan Lungren, interpreted the decision as reaffirming state law that prohibits anyone, even a non- profit organization, from selling marijuana or possessing it for sale. If that's the case, however, the result in practice will be that medical patients with a doctor's recommendation will be able to possess marijuana legally, but will only be able to obtain it on the black market, unless they grow it themselves. Thus the black market will be reinforced. The voters, perhaps relying on a clause in the initiative declaring one purpose to be "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," thought they were voting for a small scale legal "white market" in medical marijuana. A few localities have made efforts. The city of Arcata came up with a detailed plan that could easily be adopted or adapted by other cities. San Mateo flirted with the idea of distributing pot confiscated in drug busts, and one Northern California city discussed the idea of using a vacant lot behind the police station to do it. Santa Ana is having the issue thrust in its face through prosecution of people involved with a cannabis buyers' club. A closer reading of the 1st District's decision shows the court virtually invited local governments to come up with safe and legal distribution plans and delineated several criteria that would have to be met. Next year, then, the ball will be in the hands of local governments.
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