Pubdate: Tue, 23 Oct 2012
Source: Boston Globe (MA)
Copyright: 2012 Globe Newspaper Company
Contact: http://services.bostonglobe.com/news/opeds/letter.aspx?id=6340
Website: http://bostonglobe.com/
Details: http://www.mapinc.org/media/52
Author: Eric Moskowitz

MARIJUANA CRITICS CALL BALLOT QUESTION FLAWED

Lawmakers, doctors, and others opposing a ballot question to legalize
marijuana for medical use contended Monday that the question's wording
is flawed and would enable widespread recreational use of the drug.

A Globe poll last month found that 69 percent of -respondents support
the legalization measure. Gathered on the State House steps, the
- -opponents argued that the ballot question does not stand up to
scrutiny, contending it plays on compassion for those suffering from
debilitating illnesses in hope of ultimately decriminalizing marijuana
for all.

"This is not about being compassionate to those true, -legitimate
treatment needs," said state Senator John F. Keenan, the Quincy
Democrat who chairs the Joint Committee on Mental Health and Substance
Abuse. "The residents of Massachusetts are being sold a law that goes
way beyond the idea of being compassionate. Don't be fooled. Please
read the law."

Supporters of the question disputed those assertions, prompting a
spirited debate on the Beacon Street sidewalk -between lawmakers and
advocates on both sides.

Opponents who organized the event pointed to what they called the
question's "vague, ambiguous" language. They -cited clauses that allow
the drug to be prescribed not just to alleviate pain for cancer or
glaucoma but for any "conditions as determined in writing by a
qualifying patient's physician," and that permit patients to obtain a
60-day supply at once, which in states where medical marijuana is
legal can mean half a pound.

Opponents of the measure known as Question 3 warned that storefront
dispensaries could appear anywhere, that medical marijuana
registration cards would be easy to obtain and never expire, that
cardholders could acquire large stashes by visiting multiple
dispensaries, and that the cards would make it harder for police to
enforce laws for illegal possession or use if a cardholder is present
in a group.

"This will mean more marijuana in the hands of our children," said
Representative -Carolyn Dykema, a Holliston Democrat and mother of
teenagers.

The 2,300-word proposal does not restrict dispensary -locations,
except to allow for up to five per county and 35 statewide. It says
nothing about card expiration dates or visits to multiple dispensaries
but prohibits possession of more than a 60-day supply. It also says
fraudulent card use could be punished with up to six months in jail
and that resale or distribution of marijuana for nonmedical use could
be punished with up to five years in prison.

Supporters of the measure disputed the criticisms and said if voters
approve the ballot question, strong regulations would be written by
the state Department of Health.

The vote-no group filled the steps with teenagers and recovering drug
addicts in treatment, while legislators, doctors, law enforcement
leaders, and others poked at the language of the question and called
marijuana a gateway drug.

Mayor Tom Koch of Quincy said the dispensaries could -appear next to
schools or addiction--treatment centers. Jay Broadhurst, the Worcester
physician leading the coalition, called the list of diagnoses that
would allow someone to qualify for the drug "outrageously broad" and
"clinically useless."

Norfolk District Attorney Michael W. Morrissey and -Norwood Police
Chief William G. Brooks III, representing the state's chiefs, said
similar laws elsewhere brought unintended problems, with crime
increasing near dispensaries and with the drugs ending up in the hands
of those without cards.

As opponents spoke, supporters quietly distributed literature of their
own. Representative Martin J. Walsh of Dorchester, who said he opposes
the legalization effort as a cancer survivor and as someone who has
lost family members to addiction, called them out.

When the crowd broke up, Walsh debated with two legalization
supporters, Representative Frank Smizik of Brookline and Karen
Munkacy, a nonpracticing physician from Newton.

"The Department of Public Health is going to issue regulations on this
if it passes," Munkacy said.

"Oh, I feel comfortable with that," Walsh said.

"They'll do a very good job," Munkacy said.

"I'm concerned about the kids that were behind me up on the stairs,"
Walsh said, saying the measure would make marijuana easier for all to
obtain.

Munkacy, a breast cancer survivor, said she was motivated by the
"horrible suffering" she experienced in treatment because she chose
not to smoke marijuana, deciding not to break the law. She said the
lessons of other states would yield regulations to make this "the most
heavily regulated program in the country."
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MAP posted-by: Matt