The California Compassionate Use Act, CA HSC §11362.5
The Unofficial Site for Tracking Implementation and Compliance


Federal Response

Initial Federal Response (synopsis by Tod H Mikuriya, M.D.)

12/30/96 Drug Czar Barry McCaffrey statement on administration's response to CCUA [pdf]

On November 6, 1996 California voters passed the Compassionate Use Act. It was expected that state and local officials would accept, implement, and comply with the will of the people. Nothing could be farther from the truth. A month later a covert campaign began to suborn and nullify the vote through discouragement and harassment of California physicians.

Then Attorney General Dan Lungren and his senior supervising Deputy AG John Gordnier embarked on a program to carry out the federal covert campaign. Prevented from directly assaulting physicians by the Conant v. McCaffrey and Conant v. Walters, they implemented a program to utilize them Medical Board of California as their surrogates.

Careful to avoid the injunction, medical marijuana was judiciously avoided in targetting the physicians. The Medical Board and AG's office simply lied and said it was because of practice standards.

As the major proponent of developing and creating the law, my eligibility consultative clinics were a red flag for rural local criminal justice entities. The California Medical Board investigators were only too happy to follow through with the Gordnier program from the AG's office. This conspiracy in my case extended to the DEA undercover agent from the Sonoma county sheriff's department.

Deputy Attorneys General Lawrence Mercer and Jane Simon handling my case are direct subordinates of Gordnier who were present at my deposition in the People v. Peron conducted by him in 1997.

The White House Office of Drug Control Policy Executive Office of the President FAX TRANSMITTAL of December 5, 1996 [pdf] Subj: Prop 200/215 Interagency Meeting December 6, 1996 constitutes The Smoking Gun.

This document was submitted with our brief.

Parenthetically, I became aware of this meeting through a phone conversation with Tom Gorman, senior official in the California Burear of Narcotics Enforcement who was relieved to be returning to his job in Sacramento. He was put on temporary leave to run the "No on 215" campaign.

Despite efforts of Congressman Ron Dellums office I was denied attendance at this meeting. Review of the list of Non Governmental Agency invitees answers why.

Improper and illegal conduct by federal, state, and local entities documented warrants further scrutiny and action.

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