PRESCRIPTION FOR MEDICAL POT MESS

Thoughtful action should preserve intent of voters who passed Prop. 215.

There is no ideal solution to get California out of its medical
marijuana mess. But two steps would be a huge improvement and help
fix much of what is broken with Proposition 215, approved by voters
15 years ago.

If we're going to have medical marijuana, more research is needed on
what diseases and conditions can be treated, what doses work best and
how the drug can be most safely ingested.

That means getting marijuana off the federal government's Schedule 1
list of drugs. What's already known shows that marijuana does not
belong in the same category as cocaine and heroin -- drugs with high
potential for abuse but without any medical benefit whatsoever.

This reasonable reform was recommended by the California Medical
Association, which took the bold step last month in passing a
resolution calling for legalization, strict regulation and, above
all, more research.

Reclassifying marijuana would lessen the conflict between federal law
and California and the 15 other states that have since allowed
medical marijuana. A bill introduced in Congress would go even
further, removing marijuana entirely from the list of controlled
substances. While not legalizing marijuana, HR 2306 would limit
federal enforcement to international and interstate smuggling and
would let the states regulate pot.

It will be a difficult to change the nation's marijuana laws. That
means lawmakers here must bring order to what Proposition 215 has wrought.

Its flaws are apparent, and the crackdown by California's four U.S.
attorneys increases the need for action. Reputable dispensaries are
walking on eggshells. When the feds raided a Mendocino County farm
seen as the model for a well-regulated operation, how can anyone be
confident they won't be next? Cities and counties also are caught in
a bind, unsure of their responsibilities.

To come up with statewide rules that make sense, lawmakers can look
at Colorado, which has the most extensive regulations and which funds
enforcement through fees on cannabis businesses. The state registers
all medical marijuana patients and requires certifications from
physicians who recommend marijuana. It also oversees who can work in
the industry and tracks marijuana through video surveillance.

California legislators can't just copy Colorado, however. They must
recognize that it is the only state with a for-profit market, and
that it may not be immune from a federal crackdown, either, as
suggested by a warning letter the U.S. attorney sent to state leaders
and a recent raid in Denver.

Lawmakers can also crib from draft guidelines that Attorney General
Kamala Harris' office had been working on, until it decided that the
Legislature should take the lead. Some recommendations seem to make
sense, such as requiring patients to carry a state-issued card for
obtaining marijuana and pushing collectives to make sure their grows
are not diverted for non-medical use.

If officials will be reasonable and practical, it's still possible to
carry out what most voters intended by passing Proposition 215 --
create a safe zone in the law for medical marijuana.