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Mainers for Medical Rights
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November 5, 1998
 
Medical Marijuana Gains Momentum
 
By Ulysses Torassa
EXAMINER MEDICAL WRITER

Surprise victories for medical marijuana proposals in five states Tuesday mean California's Proposition 215 was no fluke - and the federal government will be under pressure to change its hard-line stance, advocates said yesterday.

But officials at the White House's office of drug policy said they were unfazed by the election results in Arizona, Nevada, Alaska, Washington and Oregon.

"It does not cause us to believe that marijuana is a safe substance," said Jim McDonough, director of strategy for the Office of National Drug Control Policy. "The bottom line: It's not science."

Initiative backers, though, said the votes - all significant majorities - demonstrate strong mainstream support, which federal officials will find hard to ignore.

"I don't think anybody, especially the drug office, thought every one of them would pass," said Dave Fratello, spokesman for the Los Angeles-based Americans for Medical Rights, which was behind the initiatives. "This is so overwhelming, and such a rebuke. They have to be soaking up the defeat and trying to figure out what to do next."

The Clinton administration and its drug czar, Gen. Barry McCaffrey, steadfastly have opposed using marijuana as a medicine, saying it is unproved, unsafe and sends the wrong message about drug abuse to the nation's children.

AIDS, cancer, glaucoma

The initiatives, all tightly worded to apply only to people with conditions such as AIDS, cancer and glaucoma, were well-funded, with at least $2million spent on the various campaigns. Most of the money came from three multimillionaires, including financier George Soros.

In each state, the measures were passing with at least 55 percent of the vote (Oregon's absentee ballots still were being counted). In Nevada, the law requires the initiative be voted on again in 2000 before it could go into effect.

A measure also was before voters in Washington, D.C., but a last-minute provision added by Congress to the federal budget forbids officials there from counting those votes. Still, supporters say an exit poll showed it winning 69 percent to 31 percent.

Eligible patients in the states where the law goes into effect likely will be issued cards to keep them from being arrested for possessing marijuana. The measures don't allow people to sell marijuana to those with medical needs, so patients still will have to go to the black market, Fratello said.

In the long run, the group wants the government to reclassify marijuana from a Schedule 1 drug, which means it has no medical use, to a Schedule 2 or 3 drug that is regulated and can be prescribed by a doctor.

Also under consideration is a federal judge's recommendation that the government expand an obscure, decades-old program under which eight people in the United States are getting marijuana for medical purposes. The move could settle a class-action suit brought against the government by people trying to gain access, but the Justice Department has indicated it is unlikely to go along.

"Several years away"

Fratello said he doesn't expect Tuesday's results to lead the government to reverse itself on that lawsuit, or its larger policy stance.

"It will be hard to turn the ship of state around on this issue," he said. "The victory last night was overwhelming, but we know the solution is still several years away."

The government could pin some incremental policy changes on an upcoming report from the National Academy of Science's Institute of Medicine. Supporters believe the report, at least, will call for more research, and possibly for the sanctioned use of cannabis in medical settings.

Meanwhile, the group said it expects to resurrect an invalidated initiative in Colorado next year, and to have one on the ballot in Maine as well. Also in its sights are Massachusetts, Florida, Ohio, Illinois and Michigan.

"First it was California, and maybe people wrote off California as an anomaly," Fratello said. "Now it's the entire West, which is convincing, but it's still not the Midwest. If we're going to continue to legitimize this, those Midwestern states are looking like the places where we intend to go."

For supporters in California, the biggest events Tuesday were the elections of Gray Davis as governor and Bill Lockyer as attorney general, said Jeff Jones, director of the Oakland Cannabis Buyers' Cooperative. Lockyer supported the 1996 medical marijuana initiative, Proposition 215. During the campaign, Lockyer said he would like to see "clinics, not cults," while current Attorney General Dan Lungren has worked to shut down clinics in San Francisco and Oakland. Davis has said he would not oppose the will of the California majority in passing Prop. 215.

The Oakland club's distribution activities were shut down by the federal government this year, and the organization is fighting the move in court.
 

 

 

 

 


 

 

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