Pubdate: Tue, 07 Jun 2005 Source: Maui News, The (HI) Copyright: 2005 The Maui News Contact: http://www.mauinews.com/ Details: http://www.mapinc.org/media/2259 Author: Brian Perry, Assistant City Editor Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal) Bookmark: http://www.mapinc.org/topics/Raich (Angel Raich) U.S. ATTORNEY IN HAWAII SAYS PRACTICE IS 'DEAD' HONOLULU - Hawaii U.S. Attorney Edward Kubo declared an end to Hawaii's medical marijuana program in light of Monday's Supreme Court ruling that state laws don't preclude prosecution of a federal ban on the drug. "Medical marijuana as a practice and as an excuse is dead in Hawaii," Kubo said Monday afternoon. But, as for prosecution, he said he would leave the handling of personal use of marijuana to state authorities while anyone who takes part in the distribution of any controlled substance, including caregivers and physicians, would be subject to federal law. "We go back to the days before the 9th Circuit ruled that state law trumped federal law," he said. "Our policy was and begins again that anyone who distributes any controlled substance is subject to being arrested and prosecuted." Congress has defined marijuana as an illegal substance that bears a high potential for abuse, he said. "My job as a federal prosecutor is to enforce all federal laws." But Kubo said he doesn't plan to get state records that list people who use medical marijuana to prosecute them. "These people who are using marijuana. . . That doesn't rise to a level of a substantial federal interest," he said. "That's a state matter as far as I'm concerned. People should not have any worry about the federal government finding out who smokes marijuana." But people who distribute marijuana and other narcotics, "these people should have some concerns," he said. "The federal government will be enforcing federal law." State Sen. Roz Baker, who serves West and South Maui residents and chairs the Senate Health Committee, said she believes the U.S. Supreme Court made an "error in judgment" in its decision Monday. Ten states, including Hawaii, have allowed doctors to prescribe the use of marijuana to treat various illnesses, including the mitigation of pain for cancer patients. Baker said she has seen no federal effort in Hawaii to prosecute the few people who use medical marijuana and "quite frankly there are bigger issues (for) drug enforcement and federal courts." "I think it's too bad," Baker said. "It doesn't accept that there are a whole variety of ways to manage pain." In some cases, patients suffering from diseases such as cancer or glaucoma can't tolerate regular pain medication and turn to marijuana, she said. "I think the decision is unfortunate because we heard lots of testimony about how the benefits (of medical marijuana) really outweigh the other concerns," she said. "I think this is a federal intrusion," Baker said. "The Supreme Court made an error in judgment," especially when interstate commerce is not involved. Kubo said the Supreme Court justices suggested that those who advocate the use of medical marijuana work to have federal laws changed. "I have to enforce existing laws just like any other law enforcement officer," he said. "My priority is drug distribution. My highest priority is that of ice (and other) hard drugs." Baker said state officials welcome the help of federal authorities to drive crystal methamphetamine labs out of business or to "put down the very destructive, nonmedicinal uses of any drug." State senators tried to have the state's medical marijuana program moved from the state Department of Public Safety's Narcotics Enforcement Division to the Department of Health. "In our view, it is a health issue," she said. The move was supported in the Senate but not in the House, she said. Maui oncologist Dr. Kevin Wilcox said he has not prescribed medical marijuana for patients because he has not "seen a great deal of benefit" from the use of the drug. He said he believes it's a "silly issue" for federal courts to get involved in because doctors routinely prescribe "more addictive, stronger medications all the time," including morphine. Wilcox said he has a "don't ask, don't tell" policy for patients who indicate they might use marijuana to manage pain. "If it helps them, it doesn't bother me," he said. Roger Christie, a Hilo resident and well-known marijuana advocate, was in Paia on Monday, working part time as the spokesman for Patients Without Time, a medical marijuana consultancy group. Christie said the Paia group is helping 400 medical marijuana patients on Maui. (State officials released figures showing 557 patients on Maui, seven on Molokai and three on Lanai.) "We're really quite proud of our record in helping wean people off dangerous pharmaceuticals," he said. Many of the patients need help in coping with severe pain or suffer catastrophic diseases such as AIDS, cancer, Crohn's disease or multiple sclerosis. Christie said the court's ruling "seems to me it's an unenlightened look at the benefits of the cannabis plant." He said he believes the Supreme Court "doesn't have jurisdiction on an essential natural resource that is obviously God-given, and it's like telling people they can't breathe the air unless they get a prescription." "We're human beings on planet Earth, and part of our experience here is getting to enjoy the blessing of the natural world, including the cannabis plant," he said. Brian Murphy, 50, of Haiku said marijuana use has helped him ease the pain of two ailments: degenerated disks in his back and complex migraine seizures, which cause severe headaches. Murphy, who had back spasms so severe he couldn't get off the floor, said he had been prescribed strong narcotics and beta blockers for his ailments, but they don't work as well as marijuana. Those medications also took a toll on his body. "All the pills I had to take were tearing my liver up," he said. "It's a big quality-of-life issue for me," he said, adding that marijuana can stop seizures before they get started. Murphy, a former Washington, D.C., resident who moved to Hawaii 18 months ago because of its medical marijuana program, said he boils marijuana in alcohol and puts drops of the mixture under his tongue. The drug bypasses his liver and goes directly into the bloodstream, he said. It opens up blood vessels and relieves both his back pain and headaches. Despite the Supreme Court ruling, Murphy said he would "most definitely" continue using marijuana. But he said he would work to try to change the federal marijuana law in Congress. The drug should be regulated and taxed, he said. Kathleen Notestone, 50, of Makawao said she began using marijuana as an alternative pain treatment after she suffered severe injuries in a head-on collision on the pali in 1997. After years of treatment on various narcotics to cope with pain and other drugs, "I realized I was living in a void," she said. Notestone said the side effects of narcotics were "ruining my life," and, with the help of her doctor, she decided to try marijuana as an alternative. Now, the single mother of two sons, 15 and 18 years old, said marijuana eaten in a pudding, taken in liquid form or smoked has helped ease her pain physically and psychologically. "It makes me feel OK about myself being in the situation I'm in," she said. Also, "it's very relaxing to the muscle and nervous system," and she said it helps her fight sleep deprivation. As for the Supreme Court decision, she said, "It looks like they just took some of my rights away. "My life was going down the tubes," Notestone said. "This has helped me so much. I'm back to a functional life. I'm scared to death that I'd have to go back to narcotics. . . It seems like government going out of control, and telling my doctor what to prescribe for me and what not to." Notestone said she doesn't fear getting arrested, believing she could argue she would be "deemed appropriately medicated with cannabis." Christie said Patients Without Time submitted a bill last month to the Maui County Council that proposes the county tax and regulate the sale of marijuana for adult use. [sidebar] MEDICAL MARIJUANA PATIENTS ISLAND BY ISLAND According to statistics provided by the state Department of Public Safety, the number of patients registered as part of the state's medical marijuana program are: Big Island 1,343 Maui 557 Kauai 378 Oahu 303 Molokai 7 Niihau 5 Lanai 3 Total 2,596 Statistics are from the period of July 1, 2004, to May 31 - --- MAP posted-by: Richard Lake