San Francisco Chronicle - The Voice of the West, 901 Mission Street, San Francisco, CA 94119 - Thursday, January 16, 1997 - Page A17
Glen Martin, Chronicle Staff Writer

Amid throngs of admirers -- and patients clamoring for pot -- club founder Dennis Peron called the event a "great day for America" and challenged federal and state drug agents to "get a search warrant (to bust the club) -- we defy them."

Former state Senator Milton Marks cut a ribbon in front of the club's doors at 11 a.m. Inside, staffers offered a wide range of cannabis products -- from several grades of smokable buds to pot-based brownies, capsules and tinctures.

The club was raided by state drug agents on August 4 and has since been constrained by a San Francisco Superior Court order from selling marijuana to people suffering from AIDS, cancer and other maladies. State charges for selling marijuana are still pending against Peron.

But the state's case appears to have been severely compromised by the November passage of Proposition 215, an initiative co-authored by Peron that decriminalized the use and cultivation of marijuana for patients who have recommendations from their physicians.

Peron's hand was bolstered last week when San Francisco Superior Court Judge David Garcia ruled that the club could reopen under the tenets of Proposition 215.

State Attorney General Dan Lungren, who led the charge against both the Cannabis Club and Proposition 215, appears to be taking a wait-and-see attitude with the club's latest incarnation.

"Proposition 215 is the law, but it's poorly written," said Steve Telliano, Lungren's spokesman. "We think it may ultimately be litigated to the (U.S.) Supreme Court."

While marijuana use is illegal under federal law, it is not clear whether U.S. agents will move against medical-marijuana outlets. Representatives of the U.S. Drug Enforcement Agency were not available for comment yesterday.

For now, at least, Peron appears to have taken the legal high ground. Certainly, the atmosphere was festive -- and redolent -- at the reopening of the Market Street club.

Happy patients crowded around the front door with letters of diagnoses from doctors. Staffers called the physicians to confirm the recommendations, then issued the patients club identification cards.

The new members then adjourned to the third floor of the club, where they purchased marijuana. It was graded like eggs or municipal bonds: From "A" -- the cheapest at $5 for 3.5 grams -- to "AAAA," potent local sinsemilla buds retailing for $65 for the same amount. After buying, many patients sampled their wares on the spot; the pungent smoke soon clouded the air.

"This is going to be a hectic day," said club volunteer Phil Harris as he culled stems from a huge bowl of Mexican marijuana. "This (cheaper) stuff will be in tremendous demand -- a lot of sick people are poor, and this is all they can afford."

The first person to buy pot was Milahhr Kemnah, who said he suffered from full-blown AIDS.

"It feels good to do this legally," said Kemnah, as he twisted up a joint from a $5 bag of Mexican buds. "Since I started smoking it, I've gained weight, I get a good night's sleep and I don't puke my guts out from the drugs I have to take for HIV."

Dressed atypically for yesterday's event in a sports coat and tie, Peron said he didn't anticipate any more raids -- but acknowledged the concern some medical-marijuana advocates have about federal threats against physicians who recommend pot to their patients.

"No matter what happens, we're going to protect our doctors," said Peron. "All our data on physicians will be kept off-site at an undisclosed location. If the club is raided, our doctors will be safe."

For most aspiring club members trying to get past the portals yesterday, the political significance of the event was of little concern.

"I'm just relieved they're open again," said a man who waited quietly by the door. "I have AIDS and bipolar manic depression. Three doctors have recommended pot for me. They're not worried about consequences, so I'm not either, obviously. I just want to get inside and buy my marijuana."
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