Pubdate: Sun, 03 Nov 2013
Source: Arizona Republic (Phoenix, AZ)
Copyright: 2013 The Arizona Republic
Contact: http://www.azcentral.com/arizonarepublic/opinions/sendaletter.html
Website: http://www.azcentral.com/arizonarepublic/
Details: http://www.mapinc.org/media/24
Author: E. J. Montini

OFFICIALS DENY AILING CHILD USE OF MEDICAL MARIJUANA OIL

Jennifer Welton asks me to imagine something I cannot imagine. 
Something no parent could imagine.

"What if there was a medicine available to help your sick child, and 
you are being told if you use it you'll be arrested?" she said. "And 
then, if you get arrested, maybe this child and your other children 
will be taken away from you."

This is not something she imagines.

For Jennifer and her husband, Jacob, this is reality.

The couple's 5-year-old son, Zander, suffers from a medical condition 
that causes debilitating seizures. He also has autism.

After putting the boy through several surgeries and trying a number 
of experimental medications, the Weltons explored the possibility 
that Zander's condition might be improved if he were to ingest the 
extract from marijuana.

With that in mind, Zander's parents got him certified as a 
medical-marijuana cardholder in Arizona so he could receive regular 
dosages of cannabis oil. The extract worked. Zander got better. Then, 
the couple were told they couldn't purchase it anymore.

"We found out the state and the county prosecutor say it is illegal," 
Jennifer said. "We have jobs and other kids. We can't risk getting 
arrested. If something like that were to happen, we worry that Child 
Protective Services would get involved and maybe take our children 
away. It's a really tough spot. It seems crazy to us."

It seems crazy as well to the American Civil Liberties Union, which 
filed a lawsuit on behalf of Zander. The hope is that a court will 
allow him to use the extract.

Maricopa County Attorney Bill Montgomery is named in the suit. His 
office isn't commenting on the case, but the paperwork accompanying 
the suit includes a document saying Montgomery believes the extract 
to be illegal.

Essentially, Arizona's medical-marijuana act doesn't mention extract, 
only dry ounces of the actual plant. So, how are police or 
prosecutors to determine the legality or illegality of whatever 
amount of extract a person possesses?

"Ultimately, that is a question of regulation and implementation," 
said ACLU attorney Emma Andersson. "That's the traditional job of a 
regulator. There are ways a regulator could determine such limits. 
Instead, what they're trying to do is use the possibility of 
prosecution to reverse the will of the voters. The intent of the law 
is pretty clear. The voters approved the use of medical marijuana."

Not all patients smoke their medical marijuana.

For example, there are patients who blend the plant material into a smoothie.

"Is there any way for County Attorney Montgomery to go into that 
smoothie and determine the amount of dry marijuana that was used?" 
Andersson said. "These aren't questions for prosecutors. At the 
dispensaries, every patient's history is included. They are only 
permitted to purchase a certain amount. The same could be done with 
the extract."

The county prosecutor, along with Gov. Jan Brewer and other 
politicians, is not a fan of the medical-marijuana law. They have 
been more than willing to make implementation as difficult as they 
can. Doing so plays to their political base.

Jennifer and Jacob Welton, on the other hand, aren't political 
people. They're parents.

They have a son who suffers, and there is a substance that has helped 
him, and they can't get it. That's all they know. "When people hear 
about this, they are very supportive of us," Jennifer said. "People 
from all over have been really kind in their comments to us about how 
they wish us the best and would love to help us and so on. We wish we 
could work something out without the courts being involved, but I guess not."

Even before the legal issue flared up, the Weltons sought help in 
paying for the extract. The dosage Zander requires costs about $300 a 
week and, unlike the approved medications that didn't work, it is not 
covered by insurance.

Paying for their son's treatment would have been difficult enough for 
Zander's parents to manage.

Having Arizona public officials make her family's ordeal even more 
difficult is something Jennifer could not have imagined.

She can now.
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MAP posted-by: Jay Bergstrom