Pubdate: Thu, 20 Apr 2000
Source: Honolulu Star-Bulletin (HI)
Section: Front Page
Copyright: 2000 Honolulu Star-Bulletin
Contact:  P.O. Box 3080, Honolulu, Hawaii 96802
Fax: (808) 523-8509
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Author: Helen Altonn, Star-Bulletin

LAWMAKERS APPEAR NEAR ACCORD ON MEDICAL MARIJUANA

Law Enforcement Officials Stress That Pot Possession Is Still A Federal 
Offense, And The Drug Can't Be Prescribed

Hawaii legislators appear close to ending years of debate over medical use 
of marijuana.

The Senate may agree to House changes to a Senate bill that legalizes such 
use of marijuana rather than refer the bill to a conference committee, said 
Senate Judiciary Co-Chairman Matt Matsunaga (D, Waialae, Palolo).

"The key is if we can get 13 votes," he said.

The House tightened the bill for law-enforcement purposes, which may 
satisfy some questions, he said.

Gov. Ben Cayetano is such a strong supporter of use of marijuana for 
certain debilitating illnesses that he devoted a full page to the topic in 
his recent four-page report to communities.

A majority of Hawaii voters (77 percent) also favor allowing seriously or 
terminally ill patients to use marijuana, in a poll conducted by 
Honolulu-based QMark Research and Polling.

Among major opponents are law enforcement agencies, the Hawaii Medical 
Association and the Board of Medical Examiners.

The House Health Committee, which heard testimony on similar bills in 
previous years, waived it this time to the House Judiciary Committee.

House and Senate Judiciary committees asked people testifying to stick to 
legal aspects -- how it would work and interface with federal law, rather 
than whether marijuana should be legalized for medical use.

Law enforcement officials emphasize that possession of marijuana is a 
federal offense and marijuana is a federally scheduled drug that can't be 
prescribed.

Even if state law allows medical use of marijuana, "What the state ends up 
doing will not change federal law," U.S. Attorney Steve Alm said

"It would be up to federal authorities how they would like to proceed on 
these cases," said Maj. Susan Dowsett, commander of the Honolulu Police 
Department's Narcotics/Vice Division.

"We would no longer be able to take them to state court," she said.

The Hawaii Medical Association has argued that use of medical marijuana 
should be approved through the federal process governing prescriptive 
drugs, "based on evidence from scientific, controlled studies, approved by 
the U.S. Food and Drug Administration and distributed through pharmacies."

But states do not have to adhere to federal law regarding drugs, said 
Pamela Lichty, American Civil Liberties Union of Hawaii board president. 
"It's a states'-rights issue."

California, Arizona, Oregon, Washington, Alaska, Maine and the District of 
Columbia have passed laws or voter initiatives to permit medical use of 
marijuana. Since Oregon's law went into effect in December 1998, more than 
750 registration cards have been issued to about 500 patients and 
caregivers and about 300 physicians are participating, said Kelly Paige, 
the state medical marijuana program manager.

No registered patients or caregivers have been convicted of a 
marijuana-related offense and no cards have been revoked, she said.

She cited some barriers to program participation but said, "On balance, the 
program is working better than either the proponents or the opponents 
anticipated."

One of the problems in Oregon, Paige said, is that some patients are unable 
to grow medical marijuana at their homes or find caregivers to grow it for 
them.

Hawaii's program would be similar to Oregon's under the legislation: 
Authorized patients or primary caregivers would have to grow their own 
marijuana.

But how would they get the seeds? "They would have to get them from another 
patient or the black market," said Lichty, who is also vice president of 
the Drug Policy Forum of Hawaii. "There is no ready way to get them."

Distribution of marijuana would be limited to transfer of marijuana and 
paraphernalia from the primary caregiver to the qualifying patient.

"The big question is distribution," Lichty said. "A lot of states are 
wrestling with it.

"The first step is to remove the threat of arrest. The secondary issue is 
how actually to do it."

Medical conditions qualifying for marijuana use would include cancer, 
glaucoma, HIV, AIDS and chronic conditions, such as seizures from epilepsy 
or muscle spasms characteristic of multiple sclerosis or Crohn's disease.

A primary caregiver, 18 or older, would be responsible for managing the 
patient's medical use of marijuana.

The House version would allow the patient and caregiver to have an 
"adequate supply" of marijuana between them to treat a medical condition, 
not to exceed three mature marijuana plants, four immature plants and one 
ounce of usable marijuana per each mature plant.

The Senate draft had established an upper limit of 10.5 ounces for an 
"adequate supply," and no more than a 60-day supply.

A physician could not "prescribe" marijuana but would certify in writing 
that a patient had qualifying conditions to use it.

Physicians, patients and caregivers would have to register with the 
Department of Public Safety.

Patients wanted the registry in the Department of Health, as the Senate 
proposed. But the department said it should be in the Public Safety 
Department because that's the lead agency for scheduling of controlled 
substances and licensing of physicians prescribing controlled substances.

Law enforcement agencies would have "reasonable access" to the registry 
information for enforcement purposes.

The bill provides protections from state prosecution for qualifying 
patients, primary caregivers and physicians complying with the 
requirements. It also provides penalties for fraudulent misrepresentations 
and violations.

Medical use of marijuana wouldn't be permitted in any buses or moving 
vehicles, in a workplace, on school grounds, at any public park, beach or 
recreation center or other place open to the public.

Matsunaga, son of U.S. Sen. Spark Matsunaga, who died of cancer in 1990, 
said, "I think anybody who's had a close relative, father or mother who has 
died of cancer or other debilitating disease recognizes the need to show 
some compassion toward these people.

"Speaking for myself, I would have done almost anything to relieve my 
father's symptoms of nausea. He was feeling really sick, unable to eat ...

"This is just trying to open up another option. ... For people who fear 
it's going to lead to some kind of explosion in drug usage, I think there's 
a world of difference between a grandmother dying of cancer and a drug dealer."
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