THE COURAGE OF COMPASSION

FOR the past four months, the four United States Attorney offices in
California have begun a "crackdown" on medical marijuana dispensaries
in our state.

The crackdown is a departure from previous policy and judicial
commitments by the Department of Justice to prioritize scarce
enforcement resources elsewhere.

Recent events in Fairfax demonstrate that the crackdown is inhumane
and counterproductive.

In 1996, the voters of our state overwhelming approved the
Compassionate Use Act which allows patients to grow and possess
marijuana with a physician's recommendation. The Marin Alliance of
Medical Marijuana began operating as the state's first publicly
licensed medical marijuana dispensary pursuant to a use permit issued
by the town of Fairfax in 1997.

The permit regulated all material aspects of dispensary operations
including the location, the size of signage, hours of operation,
medical record inspection and product inventory. Legislation recently
passed by the state granted the alliance a legal exemption from
exclusionary zoning rules.

The Marin Alliance was flexible and responsive to the needs and
concerns of the community. Both the Marin Alliance and its landlord
cooperated fully with the Fairfax Police Department to address the
concerns of the surrounding community and to ensure safe access for
physician-qualified patients.

And for 14 years, the Marin Alliance provided safe and reliable
access to a broad cross section of Marin residents who benefit from
medical marijuana.

In spite of its compliance with state and local law, this model of a
locally regulated dispensary was targeted for closure by the U.S.
Attorney's office.

On Sept. 28, the alliance's landlord was notified the dispensary was
prohibited under federal law and he faced criminal prosecution and
property forfeiture unless it was closed. With his personal liberty
and property at risk, the landlord was forced to evict the Marin
Alliance. After 14 years of operation, the Marin Alliance moved out
of the premises and ceased operations as of Dec. 17.

With the forced closure of the Marin Alliance, Marin has lost its
only legal medical marijuana dispensary. Patients, who have lost safe
and legal access to physician-recommended medicine, will undoubtedly
turn to the black market. Several long-term, well-paying jobs at the
dispensary have been killed and the town, already struggling with the
recession, has lost a sales tax-contributing member of the business community.

To what end does this policy serve?

The Global Commission on Drug Policy issued a new report for June
2011, declaring the global war on drugs a failure. The billions of
dollars now being spent on policing, prosecution and imprisonment
could and should be redirected toward more productive and essential
governmental functions.

At the same time, recent scientific studies which confirm that
cannabis can provide definitive medical benefits for a host of
medical conditions need to be acknowledged and pursued.

The only way to rationalize our antiquated drug policy is to
acknowledge the facts and effectuate a Congressional reclassification
of marijuana as a drug with accepted medical uses.

Both the governors of Rhode Island and Washington have publicly
supported such a change which would allow states like California to
safely regulate its use without fear of federal prosecution.

Our country needs to have the courage to be compassionate and there
is no time like the present to begin.