At our April 17 meeting, the Orange County Board of Supervisors will consider policy options on medical marijuana. The Board is forced to find a narrow overlap between the will of California voters and federal law.

In 1996, California voters approved Prop. 215, which legalized marijuana for medical purposes, provided such use was approved by a physician or primary caregiver. Nearly 60% of OC and state voters passed Prop. 215, but the law has been ignored by federal authorities, who continue to enforce a blanket ban against all marijuana usage, even for dying cancer and AIDS sufferers.

State law now requires that counties issue medical marijuana cards to help law enforcement to differentiate between illegal and legal users. Such cards—already issued in 30 counties—would be provided only to those with permission from a physician or primary caregiver. Despite seemingly contradictory federal laws, state courts have upheld the law, and counties refusing to issue the cards face legal liability.

The federal law itself may soon change. Last year, Congress narrowly rejected a bill which would have respected states’ rights to regulate medical marijuana. The OC Congressional delegation showed strong support, with Representatives Royce, Sanchez, Rohrabacher and Campbell voting to keeps the Feds out of California laws. A new majority in Congress has showed even greater willingness to reconsider the issue, respecting local discretion and those chronic sufferers who feel they could benefit.

I am sympathetic with both the will of California voters and those whose terminal condition involves extreme nausea, which marijuana can relieve. I have received numerous emails supporting an enlightened and humane County policy. Those wishing to address the Board of Supervisors should be at the Hall of Administration, 333 W. Santa Ana Blvd., Santa Ana at 9:30am on April 17, or email my office with your views.

A $20 million wrongful death claim against the County of Orange has created renewed interest in jail safety and procedures. George Chamberlain claims the County was negligent in the beating death of his son, 41-year old John Chamberlain last October 5 in Theo Lacy jail.

John Chamberlain was questioned while drinking beer in an Albertson’s parking lot in Rancho Santa Margarita. A subsequent search of his car found printed child porn downloaded from the internet, for which he was detained pending trial. He died following a beating by fellow inmates over a 20 minute period of time. The inmates were apparently under the impression Chamberlain was a child molester.

The Board will review the claim in closed session during our April 17 meeting. We will look at why the initial investigation was conducted internally by the Sheriff’s Dept. rather than by the District Attorney, as is County policy. Also of concern is a guard’s admission he was watching TV while the fatal beating occurred.

Jails are inherently dangerous places. Guards cannot be everywhere or look everywhere at once. This was the first homicide in an OC operated jail in 20 years. Supervisors and the Sheriff are a team in making our jails as safe as possible and learning from past problems. Inmates are there to serve time, not to serve as judge and jury of their incarcerated colleagues.

The Regional Planning & Highways Committee recommended yesterday that the full OCTA Board consider an experimental program whereby motorists on all Orange County freeways be allowed to enter and exit carpool lanes at will. Motorists in Sacramento and the Bay Area already have this flexibility as do drivers on the recently improved portion of the Garden Grove Freeway (SR-22). So far, the pilot project on the Garden Grove Freeway has not experienced any major problems and traffic seems to be flowing smoother. We are constantly looking for new ways to make the most of our existing freeways and keep traffic flowing.

New Appointments: Congratulations to Virginia Han, appointed as Fourth District representative to the OC Human Relations Commission; and Chuck Morse, appointed as a new Fourth District liaison to the City of La Habra.

Senior Panel Seeks Applicants: Our office is currently seeking to appoint two members of the Orange County Senior Citizens Advisory Commission. Those interested should email my office or call Kara at 714-834-3440.