Pubdate: Thu, 15 Jan 2009
Source: Maui Weekly (HI)
Copyright: 2009, Maui Weekly
Contact:  http://www.mauiweekly.com
Details: http://www.mapinc.org/media/2345
Author: Trisha Smith

GRAY AREA OF 'GREEN' MEDICINE

The recent arrest of a medicinal marijuana advocacy  leader and six 
others ignites controversy regarding  patients' access within legal 
limits of the state law.  "They may have pushed the envelope, but 
these aren't  drug dealers."

Imagine your doctor recommending a medication to ease  your 
suffering, yet can't and won't tell you where to  obtain the "prescription."

In 2000, Hawai'i became the first state to pass  legislation that 
decriminalized the use of medicinal  marijuana. Research revealed 
that it was an effective  treatment for alleviating pain and symptoms 
associated  with certain illnesses. But laws still remain silent 
about where to obtain this herbal remedy.

Patients diagnosed by a medical doctor as having  "debilitating" 
conditions must register with the  state's Narcotics Enforcement 
Division (NED) to receive  certification, which they must renew 
annually. Patients  are legally allowed to have three mature 
marijuana plants, four immature plants and one ounce of 
usable  marijuana for each mature plant. They have permission  to 
grow or have someone grow for them (a caregiver),  but they are given 
no means by which they can acquire  seeds. Furthermore, marijuana 
usage is technically  illegal by federal law.

It seems that patients were left to their own devices,  without a 
safe, legal way to obtain their prescribed  medication.

Longtime medical marijuana advocate Brian Murphy wanted  to overcome 
this problem by creating Patients Without  Time (PWT). Since 2004, he 
managed the group from a  Pa'ia office, where licensed patients had 
the means  "fill their prescriptions."

Murphy provided startup , as well as marijuana, for  1,280 registered 
patients, cardholders who acknowledge  their act of civil disobedience.

Murphy, a stroke victim and veteran, spent decades at  the forefront 
of numerous medicinal marijuana campaigns  in California (where there 
are dispensaries) and  Washington, D.C. He considers himself an 
expert on  legislation and cultivation of specific strains.

"This isn't just pot," he said. "It's specific  medication."

According to Murphy, fewer than 5 percent of  cardholders are able to 
maintain plants. This leaves 95  percent utilizing "the streets," 
relaying on dangerous  pharmaceuticals, or suffering.

"Law states that you are allowed to 'acquire,' but  there' no 
definition," said Murphy. "There's this  horrible gray area."

To some, Murphy may be a cultural hero. PWT believed  they were 
filling a need. The Maui Police Department  (MPD) feels that the 
"filling" they used was an illegal  activity.

After the two-year investigation, "Operation  Weedkiller" concluded 
last November, as MPD arrested  seven medicinal marijuana 
cardholders-including  Murphy-proclaiming that they were part of a 
drug-trafficking ring that used Hawai'i's laws as a  front. He 
pleaded innocence and said his residence was  a registered grow-site 
for cardholders.

All seven were charged with criminal conspiracy, most  facing a 
variety of felony drug charges.

"We want to say that for those people that are  following the letter 
of the [medical marijuana] law, we  don't go after them," said MPD 
Vice Section Commander  Captain Gerald Matsunaga.

Murphy filed a lawsuit complaining about the MPD and  their 
interference with PWT in October 2008. His arrest  followed soon thereafter.

"I'm confident that we will prevail in court," said  Capt. Matsunaga. 
"There's overwhelming evidence that  will be presented that they 
[PWT] have abused medical  marijuana laws."

"This last year has been a wild adventure for me," said Murphy.

In November 2007, Murphy suffered head injuries after  being stuck by 
a pistol during a robbery at his Ha'iku  residence.

Murphy returned from the hospital to discover what he  refers to as 
the police's "lack of investigation."

"I walk in the door to find the trigger guard on the  floor-the 
bullets," he said. "They didn't pick up any  of it."

Murphy also felt police may have actually been involved  in the robbery.

After a year of what Murphy called "headaches with the  MPD," he 
filed the forfeiture and civil case against  them-but his arrest 
occurred a week before the hearing.

"The whole idea of PWT was to fill in the gap before we  could change 
the laws to make it work," he said.

Murphy is also director of Maui County Citizens for  Democracy in 
Action (MCCFDIA) and has put 15 bills  before legislation.

"We're trying to make change through the political  process and 
they're saying we're drug dealers," he  said.

MCCFDIA crafted House Bill 2675 to create a medicinal  marijuana task 
force. Gov. Linda Lingle vetoed it last  July, even after the state 
Legislature voted in its  favor.

Rep. Joe Bertram III (11th District, South Maui)  continues to 
support medicinal marijuana law reform. He  is a cardholding 
caregiver who grows for someone else.

"PWT goes beyond just trying to make a safe access, but  tries to 
change laws," said Rep. Bertram. "They may  have pushed the envelope, 
but these aren't drug  dealers."

Rep. Bertram is an advocate for secured growing  facilities. He would 
also like to organize a "Meet the  Patient Day" for lawmakers, and 
will attempt to grow a  marijuana plant in his office this year.

"These are real patients," he said. "These are not  crackpots turning 
in their pot to get crack. They're  real people with real conditions, 
and most of them are  older patients."

According to NED, the number of medical marijuana  cardholders has 
increased by 87 percent over the last  two years. Through November 
2008, the agency reported  4,644 statewide registries, with the 
largest amounts  being 2,954 on Hawai'i Island and 886 on Maui. The 
majority of cardholders are over the age of 55.

"Where do they go? Kalama Park, a high school?" asked  Rep. Bertram. 
"Many are depending on it and it's sad.  We need to make it easier 
for patients to obtain  medicine."

"My downfall may be that I couldn't stand by-I guess  I've helped too 
many," said Murphy.

Murphy revealed that all of his patients did sign an  affidavit 
agreeing to participate in defense, if need  be. He says he feels 
good about the case, which will go  to trial in August.

"Are they are all conspirators?" said Murphy. "Why  single us out? 
They're [MPD] trying to intimidate  patients. We tried to create a 
situation where patients  could retrieve medicine safely and not risk 
the black  market."

MCCFDIA is pushing a bill for medical marijuana and a  distribution 
system for legislative review. It proposes  to create a distribution 
stamp system, and allow a  secured growing facility to grow marijuana 
for no more  than 14 qualifying patients.

"I'll be spending a lot of time in O'ahu the next few  months," said Murphy.

Rep. Bertram is anxious to see what this case can do to  bring the 
public's attention to an "incomplete" law.  "Most people don't have 
this information on their  radar, even legislators," he said.

Medical Marijuana Testimonials

"Using marijuana as medicine has changed my life."

Larry

Larry of Kahului has been a medicinal marijuana  cardholder for the 
last three years. He suffers from  degenerative spinal disease, as 
well as adverse effects  from a coma he suffered in 2007.

Doctors kept increasing his pharmaceuticals, which  eventually gave 
him hallucinations. A doctor advised he  utilize marijuana.

"Using marijuana as medicine has changed my life," said Larry.

Larry lives in a neighborhood where it would be frowned  upon and 
perhaps dangerous if he grew plants.

"I get mine from 'a guy' and I'm facing charges if I  get caught," 
said Larry. "What can I do? It's the risk  you take."

Larry still takes a little morphine each day to  alleviate pain, but 
not much. "Marijuana helps just as  much if not more than my 
prescription," he said.

Greg

For 61-year-old Kihei resident Greg, marijuana provided  him relief 
from a variety of ailments over the years  that caused him pain, 
including colon cancer and  tumors. His doctor suggested trying marijuana.

Greg was vomiting at least 20 times a day. Marijuana  knocked down 
his nausea, while boosting his appetite.

Greg was actually never a cardholder. He filled out  forms to obtain 
certification, but learned that doctors  at his certain medical 
center were not allowed to  certify any patients, due to company policies.

"What's the difference if I did have a card? I'd still  have to get 
it illegally," said Greg.

Greg admitted marijuana was a solution after he first  tried pharmaceuticals.

"When I was going through chemo, I actually got my  medicinal 
marijuana from a grower who was providing to  cancer and HIV 
patients," he said. "It's one of the  only things that worked for me."
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MAP posted-by: Keith Brilhart