Pubdate: Wed, 21 Oct 2009
Source: Plain Dealer, The (Cleveland, OH)
Copyright: 2009 The Plain Dealer
Contact: http://www.cleveland.com/plaindealer/letter-to-editor/
Website: http://www.cleveland.com/plaindealer/
Details: http://www.mapinc.org/media/342
Authors: Aaron Marshall and Joe Guillen, Plain Dealer Reporters
Cited: Michigan Medical Marijuana Association 
http://www.michiganmedicalmarijuana.org
Cited: Marijuana Policy Project http://www.mpp.org/
Referenced: Michigan Medical Marihuana Program
http://www.michigan.gov/mdch/0,1607,7-132-27417_51869---,00.html
Referenced: Initiated Law 1 of 2008 http://micares.org/
Bookmark: http://www.mapinc.org/find?197 (Marijuana - Medicinal - Ohio)
Bookmark: http://www.mapinc.org/topic/Michigan+medical+marijuana
Bookmark: http://www.mapinc.org/find?253 (Cannabis - Medicinal - United States)

MEDICAL MARIJUANA ADVOCATES' HOPE RENEWED

Federal Policy Helps, but State Law Unlikely

The federal government's recent decision to ease up on prosecuting 
patients using medical marijuana has brought hope to activists in 
Ohio seeking a medical marijuana law.

But getting lawmakers here to approve therapeutic marijuana use 
promises to be an uphill battle.

State Rep. Kenny Yuko, a Richmond Heights Democrat, is drafting 
legislation with groups that want Ohio to become the 15th state to 
allow those who are seriously ill to use medical marijuana. While 
working on getting backers to unite behind a single approach, Yuko 
was heartened by the recent decision by U.S. Attorney General Eric 
Holder to redirect investigations away from patients in states that 
allow medical marijuana.

"It's definitely good news for people who care about this issue," 
said Yuko, who has multiple sclerosis but is not seeking to use 
medical marijuana. "I hope this gives us an opportunity to get due 
consideration in the House and Senate."

But Yuko acknowledges that it's "not going to be an easy sell" to get 
a medical marijuana measure through the legislature, especially with 
the vehement opposition of prosecutors and police groups.

Even supporters of medical marijuana like Ed Orlett, a former Ohio 
lawmaker who heads the Drug Policy Alliance Ohio, said that time is 
running out on passing a bill this session.

"The legislature hasn't been terribly productive anyway, and I think 
it's not likely they will want to tackle any controversial bills next 
year," Orlett said.

In 1996, Ohio lawmakers passed a criminal sentencing bill that 
allowed an "affirmative defense" for the medical use of marijuana. 
However, lawmakers said they weren't aware of the provision slipped 
into the 1,000-page bill, and legislation removing it was passed in 
early 1997. Since then, several medical marijuana bills have died in 
the legislature.

"I think it's because of the history of it, and people still have the 
perception that this is really about somehow trying to get 
recreational marijuana legalized," Yuko said. "But what this is 
really about is giving opportunities to make a difference in the 
quality of life for some sick people."

Yuko said his legislation probably will be modeled after Senate Bill 
343, which Sen. Tom Roberts, a Dayton-area Democrat, introduced last 
session. That bill would have allowed Ohio doctors to prescribe 
marijuana to patients who would be issued cards by the state health 
department to show to police if necessary.

House Speaker Armond Budish, a Beachwood Democrat, took a cautious 
approach in declining to comment on the merits of medical marijuana 
in Ohio. But Senate President Bill Harris, an Ashland Republican, was 
firm in his opposition. "He is not supportive, nor does he think 
there is support in the Senate for something like that," said Harris' 
spokeswoman Maggie Ostrowski.

A successful multimillion-dollar ballot issue last year put a medical 
marijuana law on the books in neighboring Michigan, but the short 
distance doesn't mean Ohioans have easy access to medical marijuana. 
Michigan will only issue medical marijuana licenses to people who 
live in the state - leaving few options for Ohioans seeking the drug 
for treatment.

Brad Forrester, spokesman for the Michigan Medical Marijuana 
Association, said he has met at least six people who have moved to 
Michigan from Ohio so they could smoke or ingest marijuana in pill 
form for treatment.

"It is fairly easy for people to qualify for medical marijuana" in 
Michigan, Forrester said, "which, in my opinion, is a good thing."

Patients with a broad range of medical conditions must submit an 
application that includes a note from a Michigan doctor saying 
marijuana use would alleviate the patient's condition.

Since April, when the state began licensing users and growers, about 
4,800 patients have been registered and about 2,000 licenses have 
been issued to "caregivers" who are allowed to grow and sell the drug.

But the Michigan cards offer no legal protection in Ohio, said Lt. 
Michael Daly, of the Toledo Police Department's vice narcotics unit. 
Daly said the department hasn't encountered anybody with marijuana 
bought legally in Michigan.

"We would enforce the state of Ohio laws and let that whole scenario 
play out in court," Daly said.

The Michigan law was passed with the help of the Washington-based 
Marijuana Policy Project, an organization that assists states and is 
heavily funded by Peter B. Lewis, chairman of Progressive Corp.

Bruce Mirken, spokesman for the group, said activists in Ohio were 
not ready to enlist the organization's help. "The last time I heard, 
and this was awhile ago, there seemed to be some infighting among 
local activists," Mirken said.
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MAP posted-by: Richard Lake