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Law enforcement officials fear marijuana law fallout

woman November 16, 1996
Web posted at: 10:00 a.m. EST

(CNN) -- The smoke had barely cleared from recent elections when cannabis clubs began popping up in the West -- moving pot from the street to the storefront and the World Wide Web.

Proposition 215 in California and Proposition 200 in Arizona legalize limited uses of marijuana, LSD or heroin for medical purposes. Both laws are viewed with alarm by many who fear they may open the door to widespread drug abuse.

Already, storefront marijuana clubs -- like the San Francisco one where Krista Mort works -- have sprouted up, offering a place where patients can smoke, eat or drink marijuana legally. All they need is a doctor's prescription.

"Some people have throat problems, but you can grind (the marijuana) up, put it in a milkshake (and) drink it right down," Mort explains.

Vic Hernandez, founder of the cannabis club, says he wouldn't be surprised if there were 10, 20 or 30 similar clubs opening up in the San Francisco area.

Broad scope worries critics

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California's proposition allows doctors and caregivers to recommend pot for pain and diet control. But the definitions are so broad, critics worry virtually anyone qualifies for the drug.

It's a policy that's causing panic and frustration for federal drug officials, because regardless of the new laws, possession of marijuana is still a federal violation.

As a result, perplexed California prosecutors rushed to Washington this week looking for help in stopping the spread of legalized pot.

President Clinton's federal drug czar, Barry McCaffrey, responded by reaffirming that federal laws will be upheld and the government will be closely watching what happens next in California.

One official indicated a near "crisis atmosphere" prevailed at the meetings, which were attended by 80 prosecutors and law enforcement officials from California and Arizona, as well as federal officials from the Justice, Health, and Education departments.

"We came out of it with a firm commitment to continue to uphold federal law, to capture data on what starts to go wrong because of these two propositions, and we are going to attempt to educate other state authorities on what actually happened," McCaffrey, director of the White House's Office of National Drug Control Policy, told reporters.

pot

McCaffrey said drug use among teen-agers probably will increase because of state laws

"It's a tremendous tragedy in our judgment and a terrible message to young people," he added. "While we are trying to educate American adolescence that psychoactive drugs are bad, now we have this apparent message that says, 'No, they're medicine. They're good for you.'"

"Increased drug abuse in every category will be the inevitable result of the referenda," said the retired Army general.

His office plans to increase education efforts explaining that such drugs are more harmful than helpful.

"Drugs are wrong," he said. "They're not wrong simply because they're illegal. They are wrong because they destroy you physically, mentally and morally."

Some California cities are holding off on pot prosecutions while state and federal officials try to figure out what to do with California's gutted marijuana laws.

"It's a national issue now. It's not just a California or an Arizona issue," McCaffrey said. "We know that these proponents of drug legalization are promoting it in other states, too."

tuk

Ted Tuk's Cyberpot, which is selling marijuana on the Internet, is taking the new laws worldwide.

"We're using technology and every means possible to serve severely disabled and severely ill patients who choose to use medical marijuana," Tuk said.

Patients too sick to travel can log on and pick the grade of marijuana they want, from "B" to "AA."

But how much of this is legitimate medicine?

The clubs say all of it. The cops say none of it.

Police complain the new rules are so vague that a pot bust in California right now has virtually no chance of sticking.

But when McCaffrey was asked if federal officials will prosecute people who possess drugs under the new laws, he said, "Will I prosecute? Go talk to the Attorney General and the U.S. Attorneys and the law enforcement officials, because on a case by case basis they will uphold the law."

McCaffrey also said he believed the state laws likely won't lead to large numbers of doctors recommending marijuana to patients because most doctors understand the detrimental effects of the drug.

"I don't believe for a second in 1996 that there are many legitimate physicians who will recommend or prescribe marijuana, or in the case of Arizona, LSD, methamphetamines, heroin or whatever," he said.

That didn't stop one federal law enforcement official from bemoaning the new laws.

"Anti-drug forces kind of got caught with their pants down," he said.

Correspondent Greg LeFevre and the Associated Press contributed to this report.  

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