What Happened After Proposition 215 Passed?
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A Movement Chronology through 1999 What Happened After Proposition 215 Passed? When Prop 215 passed on November 4, 1996, many ganization “will research, prepare and disseminate reports optimists thought it would mean the beginning of the prepared for either the general public or the medical com- end of a destructive, costly prohibition. They assumed munity based on information gathered directly from pa- the significance of the vote was unmistakable —the tients using marijuana to treat their medical needs. WAMM people of California had told the government to lay off will also ensure that seriously ill patients have access at no citizens who were using marijuana for medical pur- charge to a safe supply of marijuana as prescribed by a phy- poses. These optimists clung to the naive belief that, be- sician through propagation of verdure in conjunction with cause America is a democracy, elections results matter. community support. [“Verdure” is green-growing matter.] But the passage of Prop 215 was viewed by Attorney Gen- Nov. 21 The Oakland Cannabis Buyers Club announces eral Dan Lungren, as a mistake to be rectified by law enforce- that its membership stands at “775 meticulously screened ment. He instructed police and prosecutors to keep arresting patients, and we are growing carefully.” Proprietor Jeff and charging people who used marijuana, even if they had the Jones thanks the city council for resolving that the “arrest approval of a physician. Marijuana arrests in California actu- of individuals involved with the medical use of marijuana ally increased in 1997, according to the Bureau of Criminal shall be a low priority for the city of Oakland.” Protocols Statistics, to 57,667 —up for the sixth year in a row. Many developed by the Oakland CBC are sent to clubs spring- doctors came to feel less willing to discuss marijuana as a ing up around the state. Typically, a new member is re- treatment option with their patients, as they feared Lungren’s quired to produce a written medical diagnosis -signed wrath and the attention of Janet Reno’s Justice Department. by his or her doctor on stationery bearing a license num- ber- recommending marijuana as a treatment. The club This chronology of the medical marijuana move- then calls the doctor’s office to confirm the diagnosis. ment is for patients, caregivers and concerned citizens who want a fuller, more coherent account than the cor- December 1 MedEx Santa Cruz is established “to pro- porate media has provided. We ask all participants in vide in-home delivery of safe and affordable cannabis.” the movement to contact us ASAP to fill in the blanks. Dec. 3 Lungren convenes a special “All Zones Meeting” Nov. 6 ATTORNEY GENERAL LUNGREN SENDS A MIDNIGHT FAX of DAs, sheriffs, and police chiefs to lay out his approach to to all California law enforcement officials; effective 12:01 enforcement of Prop 215. “We think the narrowest interpreta- a.m., The AG advises, “the focus in cases involving poten- tion is the most appropriate,” Lungren tells the law enforcers. tial marijuana violations should be on whether the medic- “It would be our view that marijuana would not be available inal use defense is factually applicable.” The cop on the for acne, hangnails, stress or arthritis.” [This is a revealing beat is advised to “ask early whether the person is taking slip of the tongue, since the initiative specifically sanctioned medication, what medication for what condition, at which the use of marijuana in the treatment of arthritis.] The AG doctor’s direction, and the duration of treatment... whether proclaims his strategy: to prosecute marijuana cases as vigor- the individual is a patient or caregiver. If he/she says pa- ously as before; to put the burden of proof on defendants; and tient, then ascertain name of doctor and caregiver. If care- to require their physicians to testify in open court. Lungren giver, ascertain for whom, for how long, and on what basis.” says he will go to Washington to urge U.S. Attorney Gen- Also 11/6 Bill Zimmerman’s “Californians for Medical eral Janet Reno to enforce the federal laws against marijuana Rights” renames itself “Americans for Medical Rights” use. San Francisco DA Terence Hallinan, the only open sup- and announces plans to put medical marijuana initiaitves porter of Prop 215, is denied a chance to address the session. on the ballot in five more states. Their Sacramento lob- byist boasts that the organization consists of four people. Dec. 4 Bill Zimmerman of Americans for Medical Rights tells the Sacramento Bee, “I think the attorney general is Nov. 7 The Wo/Men’s Alliance for Medical Marijuana correct in arguing that the initiative should be interpreted is granted non-profit status and an employer identifica- narrowly.” In Almador County, District Attorney Steven tion number by the California Secretary of State’s office. Cilenti sends the following note to Judge Don Howard of The articles of incorporation state that the Santa Cruz or- the County Judicial Court: “It is respectfully requested you dismiss the charges on the above named defendant as de- fendant has medical reasons to possess marijuana.” The Janet Reno and Health & Human Services Secty Donna sheriff subsequently mails back the patient’s two grams. Shalala declare the Clinton Administration’s opposition Dec. 17 In Sonoma County The People of California vs. to the medical use of marijuana at a widely covered press Alan Edward Martinez and Jason John Miller is heard in conference. They produce a chart entitled “Dr. Tod Mikuri- municipal court and the first attempt to get a marijuana case ya’s (215 Medical Advisor) Medical Uses of Marijuana” dismissed on the basis of Prop 215 is promptly rejected by Twenty-six conditions are listed. One is misspelled -”Mi- Judge Mark Tansil. The Defendants Alan Martinez, 40 -a granes.” Three -”Removal of Corns,” “Writer’s Cramp,” nurse’s aide who has epilepsy- and Jason Miller, 24, his pri- and “Recalling ‘Forgotten Memories”- simply do not ap- mary caregiver, were arrested in August ‘96 for cultivating pear in the various list of conditions Mikuriya has compiled. marijuana in a windowsill planter box. Their lawyer, Bill McCaffrey declares, “This isn’t medicine, this is a Cheech Panzer, moves for an “in camera” hearing to keep confiden- and Chong show.” He warns that “a practitioner’s action of tial the identity of Martinez’s doctor; this, too, is rejected. recommending [marijuana]... will lead to administrative ac- “If the DEA withdraws a doctor’s right to prescribe,” Panzer tion by the DEA to revoke the practitioner’s registration.” argues, “they lose their malpractice insurance, their hospital Mikuriya calls the chart “a crude dirty trick -the kind of privileges, and their ability to make an income.” Tansil rules, disinformation the U.S. military put out during the Vietnam “The court can’t grant this witness special immunity. We War, only in this case the ‘enemy’ is the people of California.” must trust the system to deal fairly with this doctor and hope Lungren thanks McCaffrey and Reno for “quick action.” the doctor is a strong enough person to do the right thing.” Doctors are alarmed. “The war on drugs has become the war on physicians,” comments Virginia Cafaro, MD, of San Francisco. Also 12/17 In Alameda County a defense motion to move Dennis Peron says, “Good publicity for Cheech and Chong.” the case of People vs. Dennis Peron and Beth Moore to San Francisco -where 43 of the 44 alleged violations oc- curred- is denied by Judge Larry Goodman. This is the 1997 January 8 Superior Court Judge David Garcia rules that case stemming from the Aug. 4 raid on the SF Canna- the passage of Prop 215 entitles the San Francisco Canna- bis Buyers Club, which led to indictment on possession bis Buyers Club -closed in August ‘96-to operate. Dennis and transportation charges by an Alameda Grand jury. Peron, Beth Moore, et al are allowed to provide marijuana Peron’s lawyer J. David Nick argued that the grand jury “for the personal medicinal use of persons who have desig- should be reconvened to consider the “medical neces- nated the defendants as their primary caregiver pursuant to sity” defense created by Prop 215, and that the raid itself Health and Safety Code S11362.5.” Garcia tells the prosecu- was an improper attempt to influence the vote on 215. tors from the Attorney General’s office “I don’t think you or I are going to say that the people of California were totally Dec. 19 The San Francisco club stages a “’We Forgive You ineffectual in trying to pass a medical marijuana law. The Love-In” at the Bureau of Narcotics Enforcement office near defendants are ordered to operate as a non-profit organiza- Fisherman’s Wharf. Some 40 members sing Christmas carols tion and to maintain records showing that they have been “in the spirit of the holidays, to forgive those in the BNE for designated as primary caregiver by members who have their acts of aggression against the sick and dying who have recommendations from physicians.” Garcia also orders the been harassed and prosecuted for medical marijuana use...” defendants to “maintain records showing monies expended and received as reimbursement of expenditures including See the pot-filled bong before us! overhead for their activities relating to the provision of me- Fa la la la la, la la la la dicinal marijuana.” The AG’s office says its will contest Makes you want to sing a chorus! the ruling that a club can be a caregiver under Prop 215. Fa la la la la, la la la la..