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POT MEASURE A TOUGH SELL IN CONGRESS
2 Area Reps Among Foes of Bill to Keep Feds Off Medical Users' Backs
Two greater Bay Area members of Congress seem likely to oppose a
legislative amendment that medical marijuana advocates call their next
best hope after Monday's U.S. Supreme Court defeat.
The amendment by Rep. Maurice Hinchey,D-N.Y., and Rep. Dana
Rohrabacher, R-Huntington Beach, would forbid the Justice Department
from using public money to raid, arrest or prosecute patients and
providers in states with medical marijuana laws.
It's expected to come up as early as next week, and Oakland's Angel
McClary Raich - one of the patients who brought the case decided
Monday by the Supreme Court - intends to go to Washington, D.C., to
testify for it.
The same amendment got 152 votes in 2003 and 148 in 2004, far short of
the 218 it needs for passage. But advocates say Monday's ruling - that
medical marijuana patients and providers can be federally arrested and
prosecuted - might rally more support. Activists at a candlelight
vigil outside the 9th U.S. Circuit Court of Appeals' San Francisco
courthouse Tuesday evening urged lawmakers to sign on.
Most of the Bay Area delegation already is on board. But Rep. Dennis
Cardoza, D-Atwater, and Rep. Richard Pombo, R-Tracy, opposed the
amendment twice before. Neither could be reached for comment Tuesday,
but any change seems like a long shot
"Like most Americans and two-thirds of Congress, Congressman Cardoza
does not believe the use of marijuana for 'medicinal' purposes should
be legal. He has no plans to change his position on this issue,"
spokesman Bret Ladine said before last year's vote. "The amendment is
an attempt to circumvent existing federal law."
Pombo also is on record opposing medical marijuana.
Long Shots in the House
The Hinchey-Rohrabacher amendment isn't the only pending legislation
on which medical marijuana proponents are pinning hopes, merely the
one with the most support.
Rep. Barney Frank, D-Mass., in May re-introduced his "States' Rights
to Medical Marijuana Act," to move marijuana to a less-restricted
status within the Controlled Substances Act and regulate its
production, possession and use as medicine. Among this bill's
co-sponsors are Barbara Lee, D-Oakland; George Miller, D-Martinez;
Pete Stark, D-Fremont; Tom Lantos, D-San Mateo; Lynn Woolsey, D-San
Rafael; Anna Eshoo, D-Palo Alto; and Mike Honda, D-San Jose.
But Frank has carried this or similar bills in every session since
1995. Last time, it died without a hearing in a House subcommittee. And it now has 36 co-sponsors compared with 44 last session.
Last session also saw a "Truth in Trials Act" to let marijuana
defendants plead a medical defense to federal juries. It was inspired
by the prosecution of Oakland's Ed Rosenthal, convicted in 2003 of
felony marijuana cultivation after a judge barred him from mentioning
his medical motive.
But this bill's House version - introduced by Rep. Sam Farr, D-Santa
Cruz, with 44 cosponsors - also died without a hearing. A Senate
version was introduced in November, just weeks before the session's
end. It also went nowhere and has not been reintroduced