San Francisco Examiner - Monday, May 21, 2001
Nina Wu of the Examiner Staff

A handful of clubs that dispense the weed throughout the city said they plan to continue holding regular hours until someone tells them otherwise. So far, they said, they believe they have the support of city officials.

Federal law has conflicted with state law since the passage of Proposition 215 in November 1996, when Californians approved the legalization of medical marijuana.

"The fact remains that there are sick and dying people out there who need their medicine and need this service," said Sister Rosemarie, a disciple at St. Martin de Porres House who works at the San Francisco Patients' Resource Center. "We will remain open to serve our patients."

Of the center's 300 patients, 60 percent have AIDS or are HIV-positive, while 30 percent have cancer and the rest have other conditions, such as glaucoma or arthritis. All patients must have proof of their doctor's approval of marijuana use and an identification card from the Department of Public Health.

In spite of the court ruling, a long line formed outside the door of Cannabis Helping Alleviate Medical Problems, or CHAMP, at Church and Market streets Monday afternoon.

Kevin Guyton, 50, of San Francisco, said that if it weren't for CHAMP, he would have to give up on the alternative treatment for his arthritis.

He's been smoking pot since he was 16 and inhales about two joints a day to relieve the pain of his arthritis and to get to sleep at night. If CHAMP closes down, the Navy veteran who relies on Social Security payments says he'll just have to do without it.

"Going to the street's too much trouble," he said. "Because there's crime, it's violent and it's dangerous. And it's more expensive."

Ken, a 45-year-old software consultant with wire-rim glasses, suffers from parasthesia, a condition that makes him feel acute, stabbing pains in a small area on his upper right leg. He says his neurologist prescribed medication for the pain, but it didn't work. "It just put me to sleep," he said.

Then he discovered that a gram of marijuana -- smoked through a water pipe -- could provide him with relief. Not only did it stop the pain, it stopped the muscle spasms. If the club closes, he said, he will try to grow pot at home.

As of yet, no clinical studies have adequately proven the medical effects of marijuana, said Hastings College of Law professor Marsha Cohen, an expert on food and drug law. The federal government didn't permit the studies.

But the Supreme Court's decision means that prosecutors can crack down on local clubs, knowing that they have support from the higher courts. The question is whether a local jury will support them.

"It's all become an interesting game of cat and mouse between the people and the federal government," Cohen said. "Instead of fighting over this, there should be a study."

The news seemed irrelevant to medical marijuana seekers who were buying what they say is a necessity at Hope Center, 988 Market St.

Peter Herzog, 42, had $20 in his hand to buy a 16th of an ounce of "green buds." Diagnosed with AIDS six years ago, he said marijuana helps him keep up his appetite despite the multiple-pill cocktails he takes.

Marijuana also is good for "spiritual awakening," said Robert Esquivel, 58, who's been smoking pot for 40 years and getting his regular stash from the center.

Oakland attorney William Panzer said the court's decision has no direct impact on what happens locally under Prop. 215. He represented Alan Martinez, a 40-year-old epileptic who used marijuana for relief in the first test case of medical marijuana in December 1996.

After being charged with the illegal cultivation and possession of marijuana plants in his home, Martinez stopped using the weed for fear of being put in jail, Panzer said. He died a year later during an epileptic seizure while driving his car.

Even though medical studies are inadequate, Steve Heilig, director of the San Francisco Medical Association, which endorsed 215, says it's better to give people a choice than to deprive them. The Supreme Court's decision is going to breed more fear among doctors about prescribing medical marijuana, he said.

"For me, it's an ethical question," he said. "We're talking about compassionate use, really."

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