Pubdate: Sat, 07 Oct 2000
Source: Honolulu Advertiser (HI)
Copyright: 2000 The Honolulu Advertiser, a division of Gannett Co. Inc.
Contact:  P.O. Box 3110 Honolulu, HI 96802
Fax: (808) 525-8037
Website: http://www.honoluluadvertiser.com/
Author: Dan Nakaso, Advertiser Staff Writer

RED TAPE THWARTS LEGAL USE OF MARIJUANA

Maribeth Forrest served three years in prison for a drug violation, so she 
wanted to make certain she followed the law for registering as a medical 
marijuana patient.

Forrest asked her doctor of six years, Gary Greenly, to fill out a form 
attesting that she would benefit from medical marijuana because of chronic 
pain from a series of car accidents. Greenly turned the form over to state 
narcotics authorities last month, just as the medical marijuana provision 
mandated when it became law in June.

Greenly and Forrest were surprised when the head of Hawai`i narcotics 
enforcement told them the form was invalid because it didn't come from the 
state. Their surprise turned to frustration when they were told that the 
state won't have its own form until at least December, keeping medical 
marijuana out of reach for patients who want to follow legal channels.

"It's just bureaucracy at its best," Greenly said. "The appropriate state 
agency is bluntly stating that there are no forms out there which are valid 
or legal. Until the paperwork gets resolved, unfortunately there isn't much 
recourse for a physician to prescribe marijuana for patients' usage."

Forrest, a 50-year-old photographer, entertainment promoter and former 
belly dancer, couldn't hide her frustration.

"I've been waiting for medical marijuana to be approved for a long 
time,"she said. "If I wanted to smoke marijuana illegally, I'd do it and I 
wouldn't wave a piece of paper signed by me in front of (narcotics agents) 
saying,` Nah, nah, nah, nah, nah, nah.' That's like waving a red flag in 
front of a bull. This is ridiculous. This is stupid."

Even as voters in Colorado consider joining Hawai`i and seven other states 
and the District of Columbia in legalizing marijuana for medical use, 
critics say that Hawai`i narcotics administrators continue to delay 
implementing the law.

"The result is that it has a chilling effect," said Tom Mountain, who has 
organized the Honolulu Medical Marijuana Patients' Co-op and gave 
Forresther medical marijuana form, which is based on similar forms in other 
states.

Hawai`i's procedures still must go before public hearings, said Keith 
Kamita, administrator of the Department of Public Safety's Narcotics 
Enforcement Division. Until everything is settled, Kamita said, no one can 
legally smoke marijuana in Hawai`i.

The delays haven't helped the confusion and concern among Hawai`i doctors.

"I don't have much experience with this," said Dr. Jonathan Cho, a cancer 
specialist. "I want to feel comfortable with the legal issues."

On Thursday, Kamita will appear for the first time before a group of 
doctors to discuss the implications for them.

A federal judge in California ruled last month that federal officials 
cannot remove the prescription licenses of doctors who endorse medical 
marijuana for patients suffering from such things as AIDS and cancer. As is 
the case in Hawai`i, the California law does not override federal 
prohibitions against doctors prescribing drugs such as marijuana.

"I'm not giving them assurances," Kamita said. "This is still a federal 
violation."

Dr. Don Purcell invited Kamita to appear before the Queen's Physician Group 
Foundation because Purcell's patients have been asking about medical marijuana.

All Purcell can tell them is "it's not available at this time and the 
narcotics enforcement division is still working out the mechanism where it 
can be recommended."

For Forrest, the delays "mean I'm still in limbo."

She served time in two Hawai`i prisons from 1990 to 1993 for trying to 
trade 8 ounces of cocaine for 12 pounds of marijuana, she said. Forrest 
said she needed the marijuana because it's the only thing that eases her 
pain for migraines and a crushed hip.

"I did hard time once," she said. "The last thing I want to do is get in 
trouble with the law again."
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MAP posted-by: Terry Liittschwager