Pubdate: Wed, 22 Dec 2004
Source: Ravalli Republic (MT)
Copyright: 2004 Ravalli Republic
Contact:  http://www.ravallinews.com/
Details: http://www.mapinc.org/media/3254
Author: Jenny Johnson, Staff Reporter
Cited: Initiative 148 ( www.montanacares.org/ )
Cited: Raich v. Ashcroft ( www.angeljustice.org/ )
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)

PATIENTS CAN NOW REGISTER FOR MEDICAL MARIJUANA TREATMENT

Montanans who want to use marijuana to treat serious illness can begin
registering with the Department of Public Health and Human Services
immediately, state officials announced Tuesday.

The office has already received more than 30 requests for application
forms.

"We're ready to implement the will of voters, who passed
Constitutional Initiative 148 in November," said Roy Kemp, chief of
the department's licensure bureau. "We've got a registry system
established, and application forms are now available."

Kemp said there has been a lot of interest in the program since the
initiative passed from both people who are ill and from people who
want to be caregivers.

Montana voters passed I-148 by a 62 to 38 percent margin. Effective
immediately upon passage, the initiative allows certain patients with
specific medical conditions to alleviate their symptoms through the
limited use of marijuana under medical supervision.

The new law also allows qualified patients and their caregivers to
grow and possess a restricted number of marijuana plants.

Montana is the 10th state to pass a medical marijuana law. Under
federal law, it is still illegal to grow, sell, purchase or use
marijuana, even for health-related reasons. The U.S. Supreme Court is
considering when and if federal law takes precedence over state law
with regard to the use of marijuana for health reasons. A decision is
expected in mid-2005.

To be eligible for the program, people must suffer from a debilitating
medical condition defined in the Medical Marijuana Act. Such illnesses
include, cancer, glaucoma, HIV or AIDS, or a chronic debilitating
disease that produces cachexia or waiting syndrome, severe or chronic
pain, severe nausea, seizures or severe or persistent muscle spasms.

A doctor must certify in writing that the patient has medical
condition outlined in the law and to the benefits of using marijuana
to treat symptoms. When a patient registers with the state, the
department will provide a form for the treating physician to sign.

By law, only medical doctors and doctors of osteopathy may sign the
certification, Kemp said.

"A physician can't prescribe marijuana under this law," Kemp said.
"They can only recommend it to a patient and then certify that
recommendation with us."

The cost to register for the program $200.

"The initiative didn't include any funding for the program," Kemp
said. "So we had to come up with a fee that would enable us to
administer the program as the voters intended. We tried to keep the
fee as low as possible without putting the program in jeopardy. Given
the cost of most medical treatments, we think $200 is not
unreasonable."
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MAP posted-by: Derek