The drug policy reform movement in California has had a tumultuous year, culminating with the recall of former Governor Gray Davis in favor of Arnold Schwarzenegger. Eight strong drug policy reform measures reached the governor’s desk this year, and over the weekend Governor Davis signed half and vetoed the other half. Medical Marijuana fared well, however improved syringe access failed again at the hands of the now ousted governor.

Medical marijuana patients and advocates scored a surprising and important victory with the passage of SB 420 (Vasconcellos, D-San Jose). SB 420 will create a voluntary identification card system for patients and caregivers to protect them from police harassment and arrest. The bill is the product of serious compromise growing out of three years of work by a task force convened by State Attorney General Bill Lockyer including law enforcement officials, patients groups, medical cannabis growers, prosecutors and defense attorneys.

There has been a great deal of debate about this piece of legislation, but the Drug Policy Alliance considers it to be a crucial step forward for reform and will monitor its implementation to ensure compliance from the government and law enforcement. We will also work to encourage local governments to enact ordinances that provide higher guidelines for patients who need more medicine than the amounts provided for under SB 420 and continue to support the California public in their fight against the federal government’s efforts to stop medical marijuana programs in their state.

Other drug policy reform measures signed by Davis included: SB 151 (Burton, D-San Francisco), which repeals California’s "triplicate" form requirement and will improve pain management practices for doctors and patients; SB 599 (Perata, D-Oakland), which will enable successful participants in drug treatment programs to seal the records of their conviction and improve their chances of finding post-conviction employment; and SB 295 (Vasconcellos), which extends the duration of the University of California’s California Medical Marijuana Research Program.

Despite the Drug Policy Alliance's work in forming a broad coalition of pharmacists, doctors, nurses and other advocates, Governor Davis vetoed (minutes before the midnight deadline on October 12) what many considered to be the most important piece of HIV-related legislation in over a decade - SB 774 (Vasconcellos). The Pharmacy Syringe Sale and Disease Prevention Project would have drastically reduced the incidence of HIV and Hepatitis C among injection drug users – at no cost to taxpayers – by allowing adults to purchase syringes without a prescription at participating pharmacies. SB 774 contained numerous improvements over a previously vetoed version of the bill, SB 1785, including authorization for a comprehensive syringe disposal plan.

Davis vetoed three other bills supported by the Drug Policy Alliance: AB 946 (Berg), which would have repealed the requirement that a locality authorizing a needle exchange program renew a declaration of emergency every two weeks; SB 278 (Ducheny), which would have authorized medical parole for terminally incapacitated prisoners; and AB 1308 (Goldberg), which would have adopted ASAM addiction guidelines regarding withdrawal for prisoners and would have protected methadone patients.

Arnold Schwarzenegger will take office as soon as the vote is certified by the Secretary of State. Little is known about the drug policies of the controversial new governor, however the Drug Policy Alliance is already preparing ideas for bills to take to legislators for the session beginning in January, 2004.