Pubdate: Tue, 22 Jun 2010
Source: Fort Collins Coloradoan (CO)
Copyright: 2010 The Fort Collins Coloradoan
Contact: http://www.coloradoan.com/customerservice/contactus.html
Website: http://www.coloradoan.com/
Details: http://www.mapinc.org/media/1580
Author: Larry Abrahamson
Note:  Larry Abrahamson is district attorney for the 8th  Judicial District 
in Larimer and Jackson counties.

WEIGH COSTS, BENEFITS TO SET POLICY

In 2000, Colorado voters approved an initiative that  permitted the
use of marijuana as a medical aid in  easing the pain and discomfort
experienced from  specific chronic or debilitating diseases. After
all,  why shouldn't a doctor be able to authorize marijuana?

It seemed to make sense to many -- as long as it was  restricted to
six or fewer plants and less than 2  ounces of processed marijuana in
the user's possession.

Since initiatives do not afford the benefit of debate  and testimony
that the legislative process provides,  many did not see the
unintended consequences looming on  the horizon.

Although law enforcement and district attorneys,  including
now-Attorney General John Suthers, were vocal  about the possible
adverse impacts, the amendment still  passed.

In retrospect, they may have been right in nearly every  aspect of
their prediction.

The unintended consequences:

A loosely defined "primary caregiver" was interpreted  as a person
supplying marijuana to another.

Doctors were charging up to $500 per authorization  without physicals
or verification of the severe pain.

The six-plant, 2-ounce maximum was being ignored by new
establishments called "dispensaries."

Dispensaries were protected by confidentiality rules in  the
Department of Health from revealing the names of  their patients, thus
thwarting law enforcement efforts  to detect violations and abuses.

No quality control or testing standards for marijuana  strength,
dosage or frequency of use

"The number of medical marijuana applications the state  received on
January 12, 2010, was a whopping 1,650 --  an all-time record for one
day," says state registrar  Ron Hyman, who oversees the applications.
Colorado had  about 5,000 at the end of 2009.

Some of the marijuana was being supplied by cartels out  of Mexico in
order to keep up with demand.

Local police departments reported an increase in  violent home
invasion crimes, with money or drugs being  sought.

The "severe pain" condition was not defined, thus 91  percent claim
severe pain as their reason for needing  marijuana.

Municipalities were being flooded with more than 100  requests for
sales tax licenses for the new marijuana  dispensary business.

Under the new law, there is some tightening of the  rules, but the
dispensary concept -- now called  "centers" -- is still alive.

Cities will be allowed to opt out of the provision that  allows
centers to operate within their boundaries.  Council members should
consider the following:

Is there an impact on our children regularly seeing an  illegal drug,
marijuana, being advertised as a helpful  medicine?

Are there other valid intrinsic reasons that should be
considered?

Are there potential abuses by centers as was seen  before the latest
statute was passed?

Is this a business the citizens want to encourage, when  it is still a
violation of federal law?

Does allowing marijuana centers leave visitors with a  positive
impression of our city?

Were "centers" anticipated under the amendment or were  voters
thinking that the amendment would simply protect  a person who, while
under a doctor's care, wanted to  grow and use marijuana for medicinal
purposes?

As always, policy discussions have to be made by  weighing the
benefits against the cost to the citizens.

Let your city council representatives know how you want  them to
handle the commercial distribution of marijuana  in our community.

Larry Abrahamson is district attorney for the 8th  Judicial District
in Larimer and Jackson counties. 
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MAP posted-by: Jo-D