Subj: US: Lungren sued over Prop. 215 enforcement

Date: Jun 4, 1998

Source: San Francisco Chronicle

LUNGREN SUED OVER PROP. 215 ENFORCEMENT

Two Bay Area attorneys have filed a lawsuit against California
Attorney General Dan Lungren charging him with thwarting
implementation of Proposition 215, the 1996 medical marijuana
initiative that allows ill state residents to consume and cultivate
pot.

The suit was filed Monday in San Francisco Superior Court on
behalf of ``John Dough,'' an anonymous plaintiff.

``We aren't going to reveal who he is right now because he is afraid
of retaliation,'' said Kenneth Frucht, a San Francisco attorney who
jointly filed the suit with Oakland lawyer William Simpich.

The suit follows recent court orders that have resulted in the closing
of several marijuana clubs, demoralizing supporters of medicinal pot.

Frucht said Lungren has carried out ``a relentless campaign'' against
Proposition 215 and has made it all but impossible for seriously ill
Californians to obtain medical marijuana legally.

``And he has done this using millions of dollars of the taxpayers'
funds,'' said Frucht. ``He is spending tremendous amounts of money
pursuing cases (against medical marijuana users) that shouldn't be
pursued.''

Frucht said the suit asks the court to order Lungren to stop
prosecuting consumers of medical marijuana and directs the attorney
general's office and the state Health Department to support the letter
and spirit of Proposition 215.

The suit also asks the state to allow counties and cities to
distribute medical marijuana to patients.

Lungren spokesman Matt Ross said no one in the attorney general's
office has seen a copy of the suit.

``We really can't comment on it until we've had a chance to look at
it,'' Ross said.

1998 San Francisco Chronicle Page A18