Pubdate: Thu, 03 Jan 2013
Source: Phoenix, The (MA)
Copyright: 2013 The Phoenix Media/Communications Group
Contact:  http://www.thephoenix.com
Details: http://www.mapinc.org/media/4243
Author: Valerie Vande Panne

FLYING HIGH? YOUR MMJ INQUIRIES, ANSWERED

Burning Questions

What protection will the state offer to doctors who recommend medical 
marijuana to their patients, as well as patients, caregivers, and 
dispensaries, from federal prosecution?

- --ALERT IN ALLSTON

"Doctors have the First Amendment right to talk about things with 
their patients," including marijuana, explains well-known local pot 
attorney Steve Epstein.

But patients, caregivers, and dispensaries? What protection will the 
state offer them?

"None," says Epstein. "The initiative specifically says the state 
will provide you with no protection against federal prosecution."

"State law can't protect patients against a determined federal 
agent," says Robert Raich, a California medi-pot attorney, explaining 
that under federal law even a fraction of a gram is illegal.

In 2004, Raich represented his wife, medical-marijuana patient Angel 
Raich, before the Supreme Court (Gonzalez v. Raich). The case 
determined that the federal government could regulate noncommercial 
cannabis with the Controlled Substances Act, even if the marijuana is 
grown at home for personal medicinal use in a state where medical 
marijuana is legal.

"As a practical matter, the feds have neither the resources nor the 
desire to prosecute patients," Raich says.

According to Raich, the vast majority of marijuana cases -- a 
whopping 99 percent -- are handled by state and local authorities. 
"It's not really been the feds' policy to attack patients," he says.

"Treatment centers are the ones who have to watch their tushies," 
says Epstein. "Medical use is no defense in federal court." And if 
convicted of a marijuana crime, "you'll lose all your federal 
assistance [if you receive it] -- including housing, Section 8, and 
SSDI, or SSI."

Will I be able to take my medical marijuana across state lines?

- --TOASTY TRAVELER

According to Allen St. Pierre, executive director of the National 
Organization for the Reform of Marijuana Laws (NORML): yes, you can! 
But it depends on the state. Arizona, Maine, Michigan, Oregon, and 
Rhode Island all offer what's known as "reciprocity" -- they are 
medical-marijuana states that recognize other states' 
medical-marijuana laws. California has nothing that expressly 
acknowledges it, nor denies it; many patients take their medical 
marijuana with them to Cali.

No matter where you are, you have to follow all local laws. The 
airport you are flying out of is subject to local law, and typically 
has local law enforcement working there. So, in theory, you're safe 
to board a flight in a medical-marijuana state, as long as you are 
following local laws.

"TSA agents are only looking for weapons or explosives," explains 
Raich, who spearheaded a case ensuring that patients could fly out of 
Oakland International Airport (OAK) with their medical marijuana. 
However, "[TSA] can refer the passenger to law enforcement."

"We've had plenty of anecdotal reports," says Raich, of other 
airports in medical-marijuana states abiding by state law and 
permitting patients and caregivers to board with their medical marijuana.

"You need to know the law of where you are [flying] out of," as well 
as where you are going. "The law of the state you're traveling to, 
you'll only be subjected to when you arrive," says Raich.

For example, Alameda County Sheriff's Office deputies (the law 
enforcement that patrols OAK) permit you to board with your medical 
pot on a flight to Texas, which is not a medical-marijuana state. 
They could call ahead and let Texas authorities know you're on your way.

But on your way to California from Logan, according to Raich, they 
should let you board as long as you are in compliance with Massachusetts law.

"Law enforcement doesn't always do what it's supposed to do," Raich 
cautions. "They don't always like medical-marijuana laws. Just 
because they can't stop you, they might try to bluster you or make it 
up as they go along. You might have to force the issue, as we did 
here in Alameda County, to make law enforcement follow the law."

He adds: "I'd hope the police [at Logan] will be respectful of the 
laws. I'd hate to see a sick patient be subjected to harassment or 
[have] their medicine seized. But sometimes something bad needs to 
happen to force a precedent."

Thanks to Raich's work, Oakland now has a written policy permitting 
patients to board with their medical marijuana. A patient flying out 
of OAK was denied boarding because of his medical marijuana. Raich 
stepped in, and ultimately Alameda County's attorneys told the 
sheriff he had to follow local law and permit patients to board. The 
sheriff's own intransigence forced him to be the only sheriff in 
California to have to put a policy in writing protecting patients at 
the airport.

A representative from the Massachusetts State Police, who patrol 
Logan Airport, tells the Phoenix: "We will do whatever the policy 
makers instruct us to do."

Attorney Steve Epstein says to remember if you're traveling with your 
medical marijuana, it's best to take only a small personal quantity 
and keep it properly sealed and contained. Keep your registration 
card and paperwork with you. Don't flaunt it or draw attention to 
yourself, and follow local laws.

"Know before you go," he says.

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MAP posted-by: Jay Bergstrom