Pubdate: Tue, 11 Aug 2009
Source: Providence Journal, The (RI)
Copyright: 2009 The Providence Journal Company
Contact:  http://www.projo.com/
Details: http://www.mapinc.org/media/352
Author: W. Zachary Malinowski, Journal Staff Writer

R.I. MEDICAL MARIJUANA PROGRAM HAS LITTLE OVERSIGHT

PROVIDENCE -- Firefighters raced to a vinyl-sided ranch house in the 
city's North End in July and forced their way inside to battle a 
late-morning fire. They quickly extinguished the flames and 
discovered that the source of the blaze was an elaborate marijuana 
cultivating operation in the basement.

The Fire Department called the Police Department. Officers assigned 
to the Narcotics Bureau responded to the house off Charles Street and 
learned that Kurtis Thomas was licensed to grow the marijuana through 
the state's Medical Marijuana Program.

Under the program, a marijuana grower, also known as a caregiver, is 
licensed to grow up to 12 plants for each state-approved patient who 
needs to smoke the drug to cope with severe pain. The police said 
that Thomas had 24 plants in his basement for two patients.

But investigators suspected that Thomas was more than just a 
caregiver. They noticed other paraphernalia -- a ledger, scales, and 
various amounts of cash that are consistent with drug dealing. The 
police obtained a search warrant and seized a loaded handgun, a safe, 
two bags of what they believe to be cocaine and three bottles of 
steroids. The drugs are being tested at the state toxicology lab.

"Once we got the warrant and started poking around we felt that drugs 
were being sold without a doubt," said Lt. Michael E. Correia, who 
heads the Providence police narcotics and organized crime bureau. "It 
seems that this [Medical Marijuana Program] is ripe for abuse."

Thomas, who was in California at the time of the police search, has 
yet to face any criminal charges.

The state Department of Health launched its Medical Marijuana Program 
in April 2006 and Rhode Island became one of 11 states to permit the 
medical use and cultivation of marijuana. The other states are 
Alaska, California, Colorado, Hawaii, Maine, Montana, Nevada, Oregon, 
Vermont and Washington.

As of Dec. 30, 2008, 561 qualified patients in Rhode Island were 
registered with the program and an additional 458 caregivers are 
registered to grow marijuana for medicinal purposes. According to 
state records, 335 of the active caregivers have one patient, 45 
others have two patients and four have three patients.

There are two other caregivers -- one with four patients and another 
with five patients.

The Health Department will not disclose how many licensed patients 
are permitted to grow their own marijuana.

So far, only one person -- Steve Trimarco, of Exeter -- has had his 
license revoked. Trimarco, who suffers from depression and 
hypertension among other maladies, was licensed to grow up to 12 
marijuana plants for his own personal use.

Trimarco was arrested in October 2006 and accused of luring teenage 
girls into his trailer to smoke pot. The police seized 71 marijuana 
plants, four guns and a homemade silencer. He later pleaded guilty to 
two misdemeanor counts of marijuana possession.

Law-enforcement officials are uniformly opposed to the program that 
allows an illegal drug to be legally grown and distributed to 
licensed patients. They also are troubled by the lack of oversight of 
the program and their inability to get the names of the caregivers 
and patients.

State police Lt. Col. Steven G. O'Donnell said there is nothing 
prohibiting caregivers from lacing their marijuana with phencyclidine 
(PCP) or other powerful drugs.

"It's very unregulated," he said. "It makes no sense to us. We 
regulate hamburger and food, but we do not regulate medical 
marijuana. There are no checks and balances."

O'Donnell said he is trying to arrange a meeting with Health 
Department officials to air police concerns.

Under the program, anyone 21 or older, who does not have a felony 
drug conviction, can get a license to become a primary caregiver. 
They also must have a patient who needs medical marijuana and they 
can not have more than five qualifying patients.

A license, which costs $75, must be renewed every two years.

A qualifying patient must get written certification from a physician 
stating the potential benefits of marijuana for their ailments.

Annemarie Beardsworth, Health Department spokeswoman, said that 
confidentiality laws prohibit the department from releasing the names 
and address of the patients or caregivers to the public or 
law-enforcement agencies. She also acknowledged that the department 
does not inspect the homes of caregivers to see how much or what type 
of marijuana they are growing. She said the Health Department does 
not check to see whether the growers are following codes when 
installing lighting systems and ventilation.

Firefighters suspect that Thomas' lighting system caused July's fire 
in his basement.

"We like to think that people who are part of the program do have 
common sense," Beardsworth said.

She said a caregiver can have up to five patients, but is not allowed 
to grow more than 24 marijuana plants. She said the Health Department 
plays no role in how much, if anything, the caregiver sets for a price.

Michael J. Healey, spokesman for Attorney General Patrick C. Lynch, 
said that Lynch supported the legislation to legalize medical 
marijuana. Nonetheless, he said that his office is closely watching 
people who may try to take advantage of the program.

"There's no question that everybody's fear, especially law 
enforcement, is, 'What about the people who try to get over?'"

Lieutenant Correia and Providence police Maj. Thomas F. Oates III 
said there are other problems associated with the Medical Marijuana 
Program. They said that criminals could break into a caregiver's 
house and steal the marijuana plants.

Correia said that one plant can produce a half-pound to a pound of 
marijuana. He said high-grade marijuana, usually grown indoors, sells 
for up to $4,000 a pound, therefore 12 plants could produce a crop 
worth $48,000 in about two months.

Correia said he wonders how much the patient needs and what the 
caregiver does with the extra product.

The police are concerned that many of the caregivers might be abusing 
their privilege to grow marijuana for their patients.

"We believe it is happening," Oates said. "In the limited involvement 
that we have had, a good portion of them have other things going on 
the side. I think the program should be reviewed more closely with 
more input from law enforcement."
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