Pubdate: Sun, 18 Dec 2011
Source: Denver Post (CO)
Copyright: 2011 The Denver Post Corp
Contact:  http://www.denverpost.com/
Details: http://www.mapinc.org/media/122

MAKING MEDICAL MARIJUANA LEGIT

A State Crackdown on Fraudulent Pot Referrals Will Lead to a Cleaner 
System and Less Federal Attention.

We're glad to see the state's health department probing medical 
marijuana referrals to see whether they are on the up and up.

Ensuring Colorado has a clean system will help ward off federal 
enforcement action that has been so controversial.

And despite what those who favor broader legalization of marijuana 
might think, a closely regulated system probably would help their 
cause with voters who are on the fence about making pot legal.

Last week, the Colorado Department of Public Health and Environment 
issued a statement saying the department would be taking a closer 
look at medical marijuana registry applications from certain physicians.

The reason, according to the news release, is that the agency had 
received information from law enforcement about doctor certification 
forms that potentially were fraudulent.

Initially, about 2,600 applications received in September and October 
were delayed, with an additional 1,600 held back since then.

The core allegation is that people seeking marijuana for medical 
purposes were being seen by someone other than a doctor.

A voter-approved amendment to the state constitution and a subsequent 
law passed by the legislature clearly spell out that those seeking 
medical marijuana cards must be examined by a doctor.

The doctor must certify that a patient has a debilitating medical 
condition, and must have a relationship with the patient that would 
include an exam, creation of records and an offer of a follow-up appointment.

We're glad to see the department embracing its watchdog role when it 
comes to the medical marijuana registry.

Ensuring applicants are following the rules will be a step toward 
tightening up a system that has long been suspected of providing 
legal cover for those who just want to smoke marijuana - not those 
who are truly sick or in severe pain.

Such a clamp-down would give law enforcement officers at the federal 
level reason to look elsewhere for problems.

Marijuana possession and use remains illegal at the federal level. 
However, as U.S. Attorney General Eric Holder has repeatedly said, it 
is not a priority for the Department of Justice to pursue those who 
follow state medical marijuana rules in using the drug.

In a recent exchange with U.S. Rep. Jared Polis, D-Boulder, Holder 
reiterated that position.

It is incumbent upon those seeking medical marijuana registry cards 
to make sure they qualify, and that includes being seen by a real doctor.

When the legislature passed a law tightening up the definition of a 
doctor-patient relationship for purposes of medical marijuana cards, 
we had hoped it would cut down on the number of fraudulent 
applications. We're glad to see that process is under way.
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MAP posted-by: Jay Bergstrom