Pubdate: Wed, 13 May 2009
Source: Boise Weekly (ID)
Copyright: 2009 Boise Weekly
Contact:  http://www.boiseweekly.com/
Details: http://www.mapinc.org/media/4357
Author: Gavin Dahl

IS IDAHO READY FOR MEDICAL MARIJUANA?

The Worldwide Marijuana March drew more than 300 demonstrators to 
downtown Boise on Saturday, May 2. Offering peace signs and garnering 
many supportive car honks, the marchers moved slowly under scattered 
showers along Capitol Boulevard to the front lawn of the Idaho Legislature.

Speakers addressed the mass on the grass under the watch of a Capitol 
Annex camera and a few security guards. Boise police did not engage 
the pungent assembly.

Rev. Levon Lion opened with a plea for support of religious cannabis 
use. He mentioned his organization, The Church of Cognitive Therapy, 
and touted the Omega-3 in edible hemp seeds, which he offered for 
tasting. Positioned in front of a "CREATE NEW JOBS" sign, he also 
spoke about hemp's industrial value for paper, plastic, fiber and fuel.

Then Ryan Davidson, a "Ron Paul Republican" and marijuana activist 
from Garden City, announced through the bullhorn that Moscow Rep. Tom 
Trail plans to introduce a medical marijuana bill next year.

With public perceptions of marijuana prohibition shifting nationwide, 
in particular among traditionally anti-drug Republicans and security 
officials, Idaho could join the number of states loosening drug 
regulations. In 2006, then-gubernatorial candidate Butch Otter told 
Reason Magazine, "I still support medical marijuana," though he told 
BW last week that he did not think Idaho would ever legalize and that 
he was not "desperate" enough for new revenue to pursue it. The Idaho 
Republican Party debated legalization last year, the citizens of 
Hailey voted twice in favor of three different cannabis initiatives, 
and budget woes have lawmakers scrambling for new sources of revenue.

Trail says there is currently no way to track the amount of marijuana 
grown in Idaho. California's annual marijuana yield is often valued 
at $14 billion, nearly double the value of the state's vegetable and 
grape crops combined. And the Web site marijuanalobby.org estimates 
that Idaho could net $12.4 million in new revenue from an 8 percent 
tax on medicinal marijuana and license fees.

Since 1996, voters have favored ballot initiatives removing criminal 
penalties for growing or possessing medical marijuana in Alaska, 
California, Colorado, Washington, D.C., Maine, Montana, Nevada, 
Oregon and Washington. State legislators in Hawaii, New Mexico, Rhode 
Island and Vermont have passed medical marijuana laws. On Nov. 4, 
Michigan became the 13th medical marijuana state and Massachusetts' 
voters decriminalized personal possession.

Though he often votes with Democrats, Trail's party affiliation and 
tenure in the Legislature have afforded him chairmanship of the 
Agricultural Affairs Committee. After three previous tries to allow 
growing industrial hemp in Idaho, Trail has shifted his focus to 
medical marijuana, which, as his bill posits, "humanitarian 
compassion necessitates" for sick constituents.

Trail's draft bill seeks protection for qualified patients to smoke 
marijuana, and for designated providers and licensed physicians to 
grow and possess medical marijuana. Nonmedical acquisition, 
possession, manufacture, sale or use would remain illegal. The state 
would not be liable for ill effects of medical use and patients would 
be limited to 60-day supplies.

Sitting at his corner cubicle in the temporary Chairmen's Suite 
before the close of the 2009 legislative session, the soft-spoken 
Trail described the plight of Moscow residents forced by Idaho law to 
travel to doctors in Washington, and then risk traveling back across 
state lines in possession of illegal medicine. Less than 3 ounces is 
punishable by up to one year in jail and a fine up to $1,000. More 
than 3 ounces is a felony, five years and a fine up to $10,000.

It is a touchy subject for young voters, sick patients and several 
doctors who support Trail's work because most feel they must remain 
anonymous. One Moscow-area doctor wrote a personal letter to Trail, 
arguing that any legislation is better than none.

The question now is whether Trail and the movement can convince state 
legislators to define and protect medical use of marijuana.

The Marijuana Policy Project, a fast-growing drug reform group, does 
not expect medical marijuana dispensaries to be politically viable in 
Idaho, and the Moscow doctor is concerned the current draft of 
Trail's bill would limit the ability for "procuring medical marijuana 
for the patient who is not botanically gifted. Many appropriate 
patients are too sick to grow their own."

In November 2008, Trail requested an opinion from the Idaho Attorney 
General's Office on an early draft of his medical marijuana 
legislation. Deputy Attorney General William A. von Tagen responded 
in December 2008 with a preliminary opinion concluding that Trail's 
bill would be pre-empted by federal law. The bill "would most likely 
be found to be in conflict with the federal Controlled Substances 
Act," von Tagen wrote.

American marijuana prohibition began in 1937. Since its heyday in 
1970, the federal government has defined marijuana as having a high 
potential for abuse and no currently accepted medical use in treatment.

Yet, the American Academy of Family Physicians and half a dozen other 
national health organizations support access to cannabis for 
treatment of chemotherapy, AIDS, multiple sclerosis, Lou Gehrig's 
Disease, Crohn's Disease, glaucoma, anorexia, migraines, menstrual 
pain and other conditions. According to the Centers for Disease 
Control, annual deaths from cigarettes total 438,000. Alcohol deaths 
total 21,000. Marijuana deaths are zero.

In June 2008, the Idaho Republican platform committee considered 
making marijuana legal. Then a resolution surfaced to keep it illegal 
and use the full weight of the law to enforce prohibition.

"I was part of a group who said we should not treat them as 
criminals," Rep. Steven Thayn said. "I got ribbed for opposing the 
anti-marijuana resolution, but not too much. I'm LDS, so I don't 
drink alcohol or use any illegal drugs. It is certainly not something 
I'm trying to be out front on. I don't think Idaho is ready."

The final Idaho Republican platform adopted June 14, 2008, states, 
"We call upon our national, state and local leaders to refocus 
efforts in the war on drugs. We support creative alternative 
sentencing, such as drug courts, and treatment for non-violent offenders."

Still, the GOP-dominated Idaho Legislature voted this year to cut 
$2.1 million for statewide substance abuse treatment.

Despite the opinion of the AG's office, other states are not waiting 
for a change in federal law before expanding access to marijuana. 
Roughly 21,000 Oregonians now have cards authorizing medicinal use, 
according to the Oregon Department of Human Services. About 200,000 
Californians have medical access.

According to a recent National Public Radio report, medical marijuana 
produced more than $100 million in tax revenue for the state of 
California in 2007.

On a much smaller scale, Nevada charges patients $50 for state ID 
application materials and then another $150 for processing. Colorado 
charges patients $90 to apply to their program. New Mexico has 
finalized regulations for state-licensed, nonprofit medical marijuana 
providers, making it the first state to do so.

Harvard economist Jeffrey Miron published a study reporting 
decriminalization would lead to a $29 million net improvement in the 
budget of Massachusetts by reducing expenditures on arrests.

"Decrim really has no effect on the number of prosecutions or number 
of prisoners," Miron said. "The charges for which decrim might have 
been relevant do not lead to trials or jail time."

In 2007, a record 872,000 Americans were arrested on suspicion of 
charges related to the plant, 89 percent for possession alone, 
according to the FBI. A new report from the University of Washington 
Law School points out marijuana arrests accounted for nearly all of 
the increase in drug arrests from 1991 to 2005.

 From 2005 to 2007, Idaho State Police arrests involving seizure of 
marijuana increased from 3,202 to 4,030.

Though Trail is not angling for an economic boon to the state, he may 
be successful in Idaho because of the Republican compassion platform, 
the states' rights argument and the potential savings to the state. 
Texas Republican Rep. Ron Paul and Massachusetts Democratic Rep. 
Barney Frank do not agree on much else, but they agree the drug war 
is a failure.

The sour economy has even opened doors in the broadcast media that 
have been historically closed to the National Organization for the 
Reform of Marijuana Laws. NORML has discovered for the first time 
that it can purchase commercial packages on television networks 
including Animal Planet, CNN, ESPN, MSNBC, MTV and the Weather 
Channel for about 8 cents per 30-second ad.

One key objective for reform advocates is to help voters distinguish 
between lowest police priority (passed in Missoula County, Mont.), 
decriminalization (passed statewide in Massachusetts), and 
legalization and taxation (proposed in California for the first time 
this year).

In Idaho, it looks like the fight has begun with medical use. 
Davidson calls religious conservatives like Thayn brave.

"There's a lot of pressure in that community not to be soft on drugs, 
and that's why it won't get legalized anytime soon. It's also part of 
the position on hemp. You've got a large contingent that it may give 
the wrong impression to kids," he said.

Steve D'Avanzo, owner of Treasure Valley Smoke Shop, doesn't think he 
will be selling marijuana any time in the foreseeable future. "I'm 
sure that if Idaho ever legalized marijuana, they would have some 
sort of state store to dispense it," he said. "I don't think it would 
be something they would introduce to the retail market."

Davidson also expressed skepticism about the political process in 
Idaho. "Butch was taking principled stands on stuff, like the Patriot 
Act. When he voted against it, he was like a hero, but now everyone 
feels like he's kind of a sellout ... I assume if the Legislature 
passed it, he would sign it, but nothing is about what you believe 
in. Are you strong enough to risk donors to do what you believe in?"
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MAP posted-by: Keith Brilhart