Pubdate: Thu, 12 Dec 2013
Source: Cape Cod Times (MA)
Copyright: 2013 Cape Cod Times
Contact: http://drugsense.org/url/sbOHSik6
Website: http://www.capecodonline.com/cctimes/
Details: http://www.mapinc.org/media/72
Author: George Brennan

SANDWICH MAN CAUGHT IN MIDDLE OF NEW MEDICAL MARIJUANA LAW

SANDWICH - Discrepancies between Sandwich police and a Samoset Road 
resident over a traffic stop puts the focus on ambiguities in the 
state's medical marijuana law.

Paul McHugh Jr., 41, was on his way to work at the Hess gas station 
and store on Cotuit Road at 3:15 a.m. Tuesday when he was pulled over 
on Quaker Meetinghouse Road for allegedly speeding and failing to 
yield for an ambulance.

During the stop, officers smelled marijuana in the Volkswagen Rabbit 
and asked McHugh about it, according to Police Chief Peter Wack.

McHugh then told officers he was certified to use medical marijuana 
and showed them a photocopy of a one-page sheet from CannaMed, a 
clinic in Framingham, authorizing him to carry and grow up to a 
60-day supply. On the back was a message to police that they have "no 
power to refuse to enforce the medical marijuana statute."

McHugh's medical condition was redacted from the certificate.

His and the officers' stories differ about what happened during the 
traffic stop.

McHugh said he told officers he had about 14 grams of marijuana in 
the trunk and possibly some in the glove box. He said he let them 
search the car. "I had nothing to hide," he said Wednesday.

Wack said that McHugh admitted to the marijuana in the glove 
compartment, but officers found more pot and paraphernalia during the 
search of the car.

Officers asked McHugh why his medical condition was redacted on the 
form, Wack said. McHugh told them the marijuana was for back pain - 
an answer they questioned.

Under federal health privacy laws, McHugh said, he is under no 
obligation to tell police or anyone else why he needs the medical 
marijuana. On Wednesday, he acknowledged it's not for back pain, but 
declined to name the diagnosis.

"It's very personal," he said.

The officers issued citations for a total of $250 for driving 45 mph 
in a 30-mph zone and for failing to yield to the ambulance, Wack 
said. They also issued a $100 ticket for possession of marijuana, and 
confiscated the drug and paraphernalia as evidence. McHugh can appeal 
to the town clerk.

There is no allegation that McHugh was under the influence of drugs 
at the time of the stop.

The medical marijuana law was approved by ballot initiative in 2012 
and went into effect Jan. 1. Nearly a year later, the Massachusetts 
Department of Public Health is still working out the kinks, including 
a way to issue a state ID card that will certify an individual is 
legally authorized to possess marijuana.

Under frequently asked questions on the state's website, the DPH says 
the card system hinges on technology to "receive and process 
registrations" that is not yet in place.

Anne Roach, a spokeswoman for DPH, said medical marijuana 
registration cards will be issued "sometime next year," but could not 
pinpoint a date. Right now, there is no state guideline for what 
should be included on a certification form, she said.

Police departments are waiting for clear direction from DPH and a 
registration card would be a big step, Wack said. Meanwhile, officers 
have to make decisions in the field, particularly in the early 
morning hours, and in this case the officers did the best they could 
under the circumstances, he said.

"(McHugh's) document had been altered and came into question," Wack said.

McHugh said he was mistreated by officers who forced him to stand 
outside in frigid temperatures for nearly 45 minutes while they 
searched his car and conducted an investigation. He was 22 minutes 
late opening the Hess store for the day, he said.

Dr. Harold Altvater, an anesthesiologist now with Delta9 Medical 
Consulting in Methuen, said physicians have been advised they could 
lose federal funding for prescribing marijuana. That forces patients 
seeking medical marijuana to turn to places like his firm or 
CannaMed, or to what he describes as "clearinghouses" - larger 
organizations that link patients to doctors.

Despite being authorized to grow his own, McHugh said he travels to 
Lawrence to get his marijuana from what the DPH categorizes as a 
"personal caregiver" because no dispensaries have been licensed yet.

Along with the potential fines, McHugh said he is out the $200 value 
of the seized marijuana. The bowl, grinder, scale and mason jars 
police took as evidence are worth another $200, he said.

McHugh said he is consulting with an attorney and is planning to file 
a formal complaint against the officers. "This should have never 
happened," he said.

Staff writer Christine Legere contributed to this report.
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