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Last Revised: MARCH 25, 1997
S.C.R.A.P.  (Sonoma Civil Rights Action Project)   IMPLEMENTING PROP. 215  by CAROL MILLER 
The Compassionate Use Act of 1996 passed in Sonoma County by 69%, ranking us fifth in the state in voter approval for medical use of marijuana. Implementation of prop. 215, now California Health and Safety Code 11352.5, is developing differently from county to county as the various District Attorneys, law enforcement agencies and public groups negotiate the complicated legal questions.

Those questions include legal restraints to distribution which exist at state, federal and even international levels, and FDA Schedule I issues. Here in Sonoma County the Sonoma Alliance for Medical Marijuana has been meeting with our District Attorney, Mike Mullins, Sheriff Mark Ihde, and Sheriff John Sully to find acceptable solutions for patients and caregivers. Progress is being made toward a policy which will clearly not tolerate local "buyer's clubs," but which will respect the new rights of patients and caregivers to cultivate an appropriate amount of cannabis for the personal medical use of verifiable patients. Sale of Cannabis is still illegal and the issues of patient co-ops are complicated. Sonoma County officials are waiting for a California Supreme Court decision of whether clubs and their administrators can qualify as "Caregivers" under 215. That was the ruling in the San Francisco Buyer's Club case. That ruling has been appealed by the State, and Sonoma County officials are waiting for a State Supreme Court ruling before allowing similar club activity.

Sonoma Alliance for Medical Marijuana grew out of the effort to qualify prop 215 for the ballot, and has the support of SCRAP and the hemp community here in Sonoma County. We are seeking ways to help patients and caregivers know and exercise their rights to cultivate in an environment of respect and freedom from fear. We welcome participation from any group which represents patients, physicians, family members of those who are ill, or those who want to help educate the general public about the importance of recognizing the medical benefits and risks of using cannabis preparations to relieve suffering of the very ill and contribute to the well-being of patients who find marijuana helps them function as more productive human beings. 

SAMM is scheduling public speakers and information tables for spring and summer gatherings. To schedule a speaker for your event call Carol Miller, 847-3642. For press inquiries or general information, call the SAMM hotline: 522 -0292. We will be scheduling a public information night as soon as law enforcement has firmed up their policy and Free Press readers can look forward to updates here as they develop.

Currently we recommend that patients secure the verbal or written approval of their physicians if they wish to protect themselves under the law and avert prosecution for possession or cultivation of cannabis. Be sure to have your conversation documented by your physician in your medical records. Verbal approval can be documented by the office notary. We know that there have been many threats to physicians with regard to writing prescription for cannabis, but Prop 215 does not require a prescription, only recommendation or approval. The ACLU and several bay area lawyers have filed a civil suit against the Federal Government for violating physicians' first amendment right of free speech, and National NORML has filed another civil suit claiming the threats violate first, 4th, and 9th amendments. These threats also violate the patients' rights to have a witness testify on their behalf.

California's Attorney General, Dan Lundgren, has faxed a lengthy policy statement to all state law enforcement agencies which calls for officers to use their discretion when facing patients and caregivers who may be protected by 215. We will post a copy of this statement following this article along with physician statements which are being used in other counties. Or send SCRAP $5.00 for a copy of these and a SAMM membership form.

Here in Sonoma County some very interesting questions have arisen in the cases of a patient, Alan Martinez, and Jason Miller, his caregiver. William Panzer, a bay area attorney who helped write Prop. 215, has taken the case as it exemplifies many of the problems which will come up as patients face the courts. Jason Miller is represented by Jim Ryan, another bay area attorney. As appeals are heard in this case many questions will be answered. In a December Municipal court hearing before Judge Mark Tansil, Panzer made several motions which were denied and have been appealed. First Panzer moved that Medical Marijuana cases should not go directly to preliminary hearings, but should receive a pre- hearing to discover if the case qualifies for exemption, as is done with double jeopardy cases. Panzer also asked that Martinez's physician be allowed to testify "in camera," in closed chambers with the judge only and no prosecution, so that their safety would be protected.

Tansil denied both these motions stating that he hoped the physician would "Do the right thing" and come forward to testify. The preliminary hearing was rescheduled and then rescheduled again and finally held Tuesday, March 18th. Testimony was given by the arresting officer, who's authority as an expert witness was challenged by Panzer. Martinez and Miller were bound over to Superior Court and their arraignment is scheduled for Wednesday April 16th at 8:30 AM in Department 1, John Gallagher presiding. A more important hearing was scheduled for Monday April 14th to hear William Panzer's Petition for Writ of Mandate, regarding his interpretation of prop 215 which protects patients from prosecution. Panzer is asking for a pre-trial hearing that would help keep many patients out of the court system. Municipal Court Judge Von Der Mahden will hear the important petition at 8:30 in Department 18.

SAMM is in needs of funds to help with this time consuming work. Please consider a donation or $25.00 membership which will include updates and newsletters and help make this information available to those who don't have access to the internet!! Send checks to SCRAP, who is banking for SAMM at this time.

Sonoma Civil Rights Action Project

P.O. Box 410, Cazadero, CA 95421 (707) 847-3642

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