MARIJUANA COLUMN MISGUIDED

Julie Isen makes a number of important points in her column
supporting legal access to medical marijuana ("Medical marijuana hits
Legislature," Dec. 6). Unfortunately, she seems unclear regarding
some of the provisions of Rep. Gregg Underheim's bill, AB 740.

Isen is incorrect when she states that the bill "merely provides a
defense" for patients who get caught, while leaving the law against
marijuana possession intact. Under Rep. Underheim's legislation,
legally qualified patients would be allowed to possess up to 2.5
ounces of marijuana and would not be subject to arrest.

Isen also objects to the fact that the legislation allows doctors
only to recommend marijuana but not to prescribe it, and that it
doesn't address the issue of how patients can obtain marijuana. While
many agree that the best solution would be to allow the doctor to
write a prescription that the patient could have filled at the
pharmacy of his or her choice, federal law presently makes this impossible.

Prescriptions are governed by federal law, and federal law
specifically bans marijuana prescriptions, erroneously classifying it
(along with heroin and LSD) as a drug with no medical use. Until this
changes, states are left with little ability to create a safe,
well-regulated system for patient access to medical marijuana.

What states can do, however, is protect patients from arrest under
state law, which is what AB 740 would do. Passage would also send an
important signal to the federal government that it's time to bring
federal marijuana laws into the 21st century.

Bruce Mirken is director of communications for the Marijuana Policy Project.