Pubdate: Wed, 17 Feb 1999 Source: Statesman Journal (Salem, OR) Copyright: 1999 Statesman Journal Page: 3 Contact: http://www.statesmanjournal.com/ Author: David Kravets LEGISLATORS AIM TO TIGHTEN MEDICAL MARIJUANA LAW Three months after voters approved medical marijuana at the ballot box, lawmakers and police unveiled draft legislation today that would strip some of the measure's provisions. The plan takes aim at the so-called "affirmative defense" for those who exceed legal limits on how much marijuana they can possess. As written, the law gives anybody a defense, though not necessarily a winning one, if they are caught with marijuana. "This allows law enforcement to take appropriate action for people violating the law," said Rep. Kevin Mannix (R-Salem), who is promoting the plan with the Oregon Police Chiefs Association. "I don't think there is anything in this that takes away from the essence of the measure." The measure's sponsors disagree, saying they fear this is the opening salvo and that the Legislature will attempt to dismantle medical marijuana one piece at a time. "This is completely unnecessary," said Geoff Sugerman, a key strategist behind the measure's passage. "This is an effort to open the door to wholesale changes to a law the voters passed just a couple of months ago." The proposal also would do away with the mandate that police preserve marijuana seized from someone who claims a medical marijuana defense. Measure 67 requires authorities to hold on to it in case a judge rules the person should get it back. But law enforcement officials don't think they should be in the business of keeping marijuana plants alive indefinitely. Oregon's electorate overwhelmingly approved the use of marijuana with a doctor's consent on Nov. 3. Voters in Washington, Arizona, Nevada and Alaska also approved similar measures that day. In Oregon, the law is intended for those with cancer, AIDS, glaucoma and other ailments that cause severe pain, nausea or seizures. They can grow up to three mature plants and four immature plants at one time, and hold at least one smokeable ounce for each mature plant. Qualified patients not growing marijuana on their own can possess no more than one ounce. Under the draft legislation, those complying with the law's limitations could still invoke the measure as an affirmative defense if arrested, but persons exceeding the guidelines could not. Mannix and the police chiefs are targeting marijuana growers or dealers who may try to shield themselves with the law. But medical marijuana supporters argue that those accused of exceeding the limits may have good reason for the affirmative defense: They may simply need more marijuana to combat an ailment. Gov. John Kitzhaber aide Bob Applegate said that facet of the voter-approved measure is worth a second look. "Starting from the assumption that we don't approve of the law, we would generally welcome constructive clarification of the law," Applegate said. As part of Measure 67, those under a doctor's care must have identification cards issued by the Oregon Health Division. These cards have still not been issued. "We'll have everything up and running May 1," said Grant Higginson, Oregon's health official. "We're still in the process of developing the rules." - --- MAP posted-by: Richard Lake