Pubdate: Thu, 18 Mar 1999 Source: Willamette Week (OR) Contact: 822 SW 10th Ave., Portland, OR 97205 Fax: (503) 243-1115 Website: http://www.wweek.com/ Author: Maureen O'Hagan DOPE MEDDLERS After Oregon's Medical-marijuana Law Passed, Even Proponents Conceded That It Needed Some Fine-tuning. But Now They're Worried That The Legislature's Proposed Overhaul Goes Too Far. When Oregon voters overwhelmingly approved November's medical-marijuana initiative, the message was clear: Sick people shouldn't be prosecuted for puffing. But that hasn't prevented a couple of high-profile elected officials from trying to tinker with the new law in rather dramatic ways. Multnomah County Sheriff Dan Noelle and state lawmaker Kevin Mannix are proposing modifications to the law, including one that would treat card-carrying marijuana users like suspected criminals. Last year's initiative allows people with certain debilitating medical conditions--such as AIDS, cancer and multiple sclerosis--to use marijuana as a form of treatment. In order to do so, they must first have a doctor's note describing their condition and stating that pot may help alleviate some of the symptoms. They must also apply to the state Health Division for an ID card. The idea is that if police show up at the door, patients can simply show their ID cards to avoid prosecution, as long as they aren't growing more than seven plants. Noelle, who played a key role in the campaign against the initiative, has put forward what is arguably the most troubling of the proposals to change the voter-approved law. The sheriff hopes to allow police to make up to three unannounced visits per year to the homes of people who have obtained ID cards. "That's to make sure they're staying within the quantity guidelines," he says, reasoning that someone should enforce the seven-plant limit. Geoff Sugerman calls the proposal outrageous. "That amounts to, basically, permission to conduct unwarranted searches with no probable cause and no indication that the law is being abused," says Sugerman, of Oregonians for Medical Rights, the group that bankrolled the initiative. "That's an intrusion into the private lives of dying and suffering patients." Noelle, whose proposal is yet to be drafted in bill form, says he's willing to consider having another agency do the spot checks. But the question is: who? "I don't know who watches growing marijuana," he says. "The Agriculture Department? The state Forestry Department? Somebody needs to figure out how to try and have a regulatory agency deal with this." Meanwhile, Mannix has devised House Bill 3052, which he claims merely tightens loopholes in the initiative. "I'm not convinced it [marijuana] has the therapeutic value that has been ascribed to it, but it passed," says the Democrat-turned-Republican. "I really respect the will of the voters on this topic, but I think there are some imprecise words in the measure that need to be clarified." Sugerman, however, says Mannix's three-part bill would do far more than clarify language. First, and most troubling to Sugerman, it would eliminate the so-called "affirmative defense" from the law. This allows people who violate the law to avoid conviction under certain circumstances. For example, people without ID cards could qualify for protection under the law if they convince authorities that they are seriously ill but for some valid reason were unable to get ID cards. Mannix says he wants to maintain the rights of seriously ill people but adds, "You should not be able to use it as an excuse: 'I had a headache last week so that's why I have an ounce with me.'" The law would also restrict the use of medical marijuana by minors by requiring that they seek permission from a parent or legal guardian. Sugerman and his group are not opposed to this aspect of the bill. The third part of Mannix's bill would eliminate the requirement that police return pot seized from people who turn out to be medical users. This has been a big concern to officers, who say they shouldn't be expected to become marijuana gardeners. Mannix says his bill is just a "talking piece" that will be adjusted after public hearings, which he expects to be held within the next month. Meanwhile, the Health Division has been busy working on rules for obtaining ID cards, which should be ready by May 1. Initial estimates suggested that about 500 people would apply for the cards each year. [sidebar notes:] Sheriff Dan Noelle (above), who has worked against medical-marijuana legislation, says he's become "the sheriff of pot." Earlier this month, a judge in Philadelphia allowed a class-action suit filed by medical-marijuana proponents to proceed. The National Institute on Drug Abuse is expected to release a study this week on whether marijuana should be reclassified as a drug with legitimate medical uses. State Rep. Kevin Mannix (above) says he want to tighten the medical-marijuana law: "I don't want to become the growing capitol of the world." - --- MAP posted-by: Richard Lake