cannabisnews.com: Medical Marijuana





Medical Marijuana
Posted by CN Staff on September 01, 2002 at 16:23:14 PT
By Lisa Chmelecki, Staff Writer 
Source: Lewiston Sun Journal 
Twice a week, Charles Wynott leaves his apartment in downtown Portland with his doctor’s note, $35 in cash in one pocket and an empty vitamin bottle in another. He walks a few blocks, then disappears into a building. When he walks out minutes later, his money is gone and the vitamin bottle is stuffed with pot. He heads home. Usually, he looks around once or twice to make sure no one has been watching him. 
Wynott isn’t worried about getting busted for having pot. He’s allowed to have it. The doctor’s note in his pocket says so. But he wants to protect the guy who sold it to him. Wynott has been buying his pot from the same dealer for years. They’ve become friends. Wynott trusts him. He trusts the pot, and he would hate to see the dealer get arrested for drug trafficking. The state allows Wynott to have marijuana because he has AIDS, and his doctor has signed a note that says smoking pot helps suppress the violent nausea that comes every time he takes the medication keeping him alive.The Maine Medical Marijuana Act, however, provides no easy way for Wynott and other patients with similar notes to get their marijuana. Although the law, adopted by a wide margin of voters in 1999, allows eligible patients to have as many as three budding plants, Wynott speculates that most people rely on the streets.It would be easier, Wynott says, if Maine had some type of distribution program, a safe place where he could go, show his identification and buy small amounts of pure, reliable marijuana without having to worry about the obvious dangers of the underground drug market.Conflicting lawsThe Maine Legislature considered a proposal last year to start a distribution program. But the proposal died when the U.S. Supreme Court ruled on May 14, 2001, that the possession, cultivation and distribution of marijuana – even for people who use it to treat symptoms of AIDS, cancer, multiple sclerosis and other painful, life-threatening diseases – is illegal under federal law. The unanimous vote from the nation’s highest court has created a dilemma for Maine and the seven other states that allow marijuana for medical purposes. Not only does it make it harder and perhaps impossible for these states to allow eligible patients to obtain the illegal drug, it also leaves people – including local police officers, state legislators and the general public – with the difficult job of interpreting conflicting federal and state laws. “Everybody knew that passing the law was only the first step,” said Wynott, an outspoken advocate who helped lead the campaign to send Maine’s medical marijuana act to referendum. “But we all knew that we would have to address the distribution aspect.” Without a distribution program, Wynott says, the law is incomplete. He is not alone. Many others agree that the situation – with the state saying one thing, and the federal government saying another – simply doesn’t work. Mixed messages The existing laws place too much responsibility on police, says Lewiston Chief William Welch.If an officer comes across someone with marijuana who claims to have a doctor’s note, it is up to the officer to demand to see the note. Welch advises his officers never to take a person’s word for it. But it isn’t always simple. A person may have a note, but the officer may question whether it’s legitimate. Welch has instructed his staff to take the doctor’s name and confirm it later. But, in the meantime, the officer must decide whether or not to take the person’s pot. “We’re left holding the bag,” Welch said. “We have to make discretionary calls.”In Auburn, police confiscate the pot if they have any doubt about the authenticity of the doctor’s note, Deputy Chief Phil Crowell said.“We would want to confirm it,” he said. “We’d get the physician’s name and we’d take the marijuana as evidence while we check it out.”The conflicting state and federal laws send mixed messages, Chief Welch said. Local police are barred under state law from arresting people with legitimate notes for possessing marijuana, but police are constantly on the prowl for the people who are selling it to them. “It becomes very confusing for my officers,” said Welch. “Is it legal or not? It makes no sense.” California Given the current situation in California, it is unlikely that anything will change in the near future.That state was the first to legalize marijuana for certain medical uses. Voters approved the initiative in 1996.Six years later, federal agents are working diligently to shut down more than 70 clubs and cooperatives that have been formed over the years to grow and sell pot to more than 35,000 people who are eligible to smoke it. The sudden rush of enforcement was spurred by last year’s Supreme Court decision that the Controlled Substances Act of 1970 bans the manufacturing and distribution of marijuana and contains no exceptions for medical use. The ruling arose from a civil suit filed by federal authorities in 1998 against several pot-distribution cooperatives in northern California. A federal judge barred the clubs from growing and selling marijuana, and one of the cooperatives appealed the decision all the way to the Supreme Court. California became a natural target for more enforcement, since it has far more marijuana clubs than other states.But the high court’s ruling didn’t go ignored in Maine. It came as legislators were in the process of considering a bill to start a pilot program in which eligible patients would be able to buy pot from a state-sanctioned marijuana store.As a result, the proposal never made it to the House or the Senate. “It became clear that the federal government was not going to tolerate any kind of distribution center,” said Assistant Attorney General James Cameron. ‘It’s medicine’ Wynott was disappointed when the proposal fell through. But he believes a distribution center in Maine is not out of reach. “I’m not giving up the fight,” he said. Wynott tested positive for HIV in 1982. He started smoking pot in the early 1990s after he heard from other AIDS patients about its benefits. Every morning, he packs his pipe with marijuana, then swallows two pills made up of potent chemicals designed to stop the incurable virus from attacking his immune system. After the pills are down, Wynott lights the pipe and takes a few hits. He repeats the same routine before he goes to bed. The 38-year-old has tried a prescription medication, called Marinol, meant to quell the nausea set off by the pills, but it never worked because he would vomit before it could take effect. He credits marijuana for lengthening his life. “It’s medicine for me,” said Wynott, who grew up in Lewiston and moved to Portland after graduating from high school. “I’m not a recreational drug user. I never have been.” In the mid-1990s, Wynott called his state representative, Sen. Anne Rand, D-Portland, and asked for her help in legalizing pot for medicinal use. The Maine Medical Marijuana Initiative of 1998 passed with 60 percent of the vote in November 1999. The law currently allows people who suffer from specific conditions related to AIDS, cancer, epilepsy and multiple sclerosis and have written permission from their doctor to possess up to 2.5 ounces of dried marijuana and six marijuana plants, only three of which can be budding. Pot plants Wynott has never been good at taking care of plants, even the ones that require no sun and little water. He laughs at the idea of maintaining enough pot plants to support his needs. Out of curiosity, he planted a few marijuana seeds last year. It took six months for the plant to mature, then he discovered that it was a male. Only females bud. He now keeps the plant in his living room as a decoration, and as a reminder that there is still work to be done. Wynott knows from personal experiences that the law still has kinks that need to be worked out.In December 1999, he was charged with possessing marijuana after police in Portland found a baggie of pot in his pocket. Police said they arrested him because his note was from a doctor in Florida, not Maine. The Cumberland County District Attorney’s Office eventually agreed to drop the charge after Wynott got another letter from a local family practitioner. Earlier this summer, Wynott had another run-in with the law. This time, he was in Lewiston. A city cop arrested him on a charge of indecent exposure for allegedly urinating in a public alley. Wynott claims that during the incident the officer took his marijuana and pipe from his pocket despite the fact that he explained his situation and showed the officer his doctor’s note. Chief Welch argued that Wynott never mentioned the note, and that the officer did not take any marijuana. Welch said, however, that the officer did confiscate the pipe, and it had been destroyed by the time Wynott showed up at the department the next day to clarify the situation. The police report for the incident makes no mention of pot or a pipe. Wynott said the officer told him that he was doing him a favor by simply taking it. Wynott said he believes police have a tough time interpreting the state law because it is unfinished. Pilot program After voters approved the medical marijuana act, the Maine Attorney General’s Office formed a task force charged with coming up with a plan that could give sick people an alternative to buying their marijuana from the black market. The committee gave up a year later after failing to reach a consensus, said Cameron, the assistant attorney general who served as a legal adviser to the group. In fall 2000, Sen. Rand sponsored the bill to establish a single nonprofit center that would cultivate and distribute marijuana. A community board, including at least one law enforcement officer, would manage the self-supporting center. Patients with approved doctor’s notes would be entered into a registry system, and they would have to show identification to buy marijuana. Rep. Tom Shields, R-Auburn, served on the legislative committee that reviewed the bill. Shields opposed the medical marijuana referendum. But, after voters adopted the law, he believed the state was obligated to develop a reliable, safe distribution center. “It is a very flawed law. It lends itself to illegal activity,” Shields said. “It told these people that they could smoke pot, but it didn’t tell them where to get it. “The distribution center made the most sense,” Shields continued. “It would have made somebody responsible for the quantity and quality of the marijuana being sold.” And it would have given the state a way to keep track of how many people are taking advantage of the law. When the referendum was drafted in the late 1990s, experts speculated that 200 to 300 Mainers would be eligible to use pot as medicine. Three years later, no one has any idea how many people have doctor’s notes. “Without polling every doctor in the state, there is no way to know,” said Cameron.‘Little chance’ Both Cameron and Shields believe opening a distribution center in Maine is no longer an option.“There is very little chance, given the state of the federal law and the actions of the federal government in California over the past 18 months. Any possibility of opening a distribution center in Maine is virtually null,” said Cameron. Others disagree. Rep. Michael Quint, D-Portland, a strong supporter of medical marijuana and a co-sponsor of last year’s failed proposal to start a pilot program, wants Maine to challenge the federal government by going ahead with plans to open a pot store. “The center was a reasonable and responsible way to get marijuana to those people who are legally entitled to it under state law,” Quint said. “It is not uncommon for the state to say to the federal government, ‘We don’t agree with you.’”If a distribution center opened in Maine, and the federal government came in and shut it down, the state would simply fight back, Quint said. The Portland legislator also plans to push Congress to change marijuana’s classification. It is currently a Schedule 1 drug, which is the most restrictive regulation of an illegal drug. Quint would like it to become a Schedule 2 drug, which would make it available for more medical research. Wynott supports Quint’s plan to ask Congress for help. He sends at least one letter a month to Maine’s congressional delegation. He hasn’t received much response, but he doesn’t plan to stop. “It took us years to get the law,” he said. “It will probably take us equally as long to make it work the way it is supposed to.” In the meantime, Wynott hopes he stays healthy and strong enough to continue making his regular trips to his drug dealer, and that the dealer is smart enough to stay clear of police. Note: Conflicting state and federal laws leave Maine’s medical marijuana law in limbo.Source: Lewiston Sun Journal (ME)Author: Lisa Chmelecki, Staff Writer Published: September 1, 2002Copyright: 2002 Lewiston Sun JournalContact: letters sunjournal.comWebsite: http://www.sunjournal.com/CannabisNews Medical Marijuana Archiveshttp://cannabisnews.com/news/list/medical.shtml
Home Comment Email Register Recent Comments Help




Comment #7 posted by MCMC on March 27, 2003 at 09:40:11 PT:
this is whathisname
well this is a reply to Sam. Thanks for your comments i will take that under consideration. As far as getting my shit together I am one of the persons responsible for the law taken passing the the first place. Your comments are always welcome.
[ Post Comment ]


Comment #6 posted by MCMC on February 07, 2003 at 08:32:07 PT:
whats his name
my name is chas wynott. The issue is not pissing in an alley. Its about Lewiston pot policy.
Are you offering assistace?
[ Post Comment ]


Comment #5 posted by freedom fighter on September 03, 2002 at 00:45:16 PT
Aww, sam
I am sorry! Did'nt mean to put you in a spotlite! Just feel bit senstive about those "limit" because I feel it's just bullshittin anyone who may want to grow. Especially for those who do not have much time on earth.Ya know somethin, if I grew 100 thousand of these life giving herb, just who am I hurting? Sigh! ff
[ Post Comment ]


Comment #4 posted by Sam Adams on September 02, 2002 at 08:07:32 PT
sorry
Of course you're right FF. It's ridiculous that someone with HIV should be trudging the streets of Lewiston, looking over his shoulder, to buy the herb. I'm just frustrated that, as a medical user, I can't grow my own 3 plants (medical is still illegal here). It seems crazy to me that anyone who could grow it legally would still be buying. At least this guy tried, though. If it's anything like brewing your own beer, it must be difficult.What's really too bad is that the buyer's club solution in California is probably the best model for distribution. People who know how to grow providing the herb with no state bureaucrats interfering. Hopefully Maine will come up with it's own solution soon. At least they have some good legislators committed to solving the problem.
[ Post Comment ]


Comment #3 posted by dddd on September 02, 2002 at 01:25:16 PT
....FreedomFighter...
...Well said!.....May JAH Shine on You....dddd
[ Post Comment ]


Comment #2 posted by freedom fighter on September 02, 2002 at 00:56:07 PT
Sam,,,
From my experience, it is pretty tough to grow 3 or 6 plants.. It's just not enough.. Maybe 25-50.. It would make sense but then, WHY SHOULD A SICK PERSON HAVE TO WAIT 4 MONTHS BEFORE THE PLANTS ARE HARVESTED???That does not make sense. I tried growin 6 plants for my sick friend and it is very stressful for my friend. My friend does not have much time on this earth. Why should he have to go through this?As a caregiver for this friend, I was takin a big risk. If I get caught, I would face 2 to 5 years in JAIL plus 6 years of probation. That's not counting possible 500 thousand dollars fine. That's because I could not register myself as a caregiver for my friend since I got busted for growing a plant.Seems to me that if a "doc" tells me that I got 6 months to live and he gives me a permission to grow 6 or any plants makes no sense at all.Heck, someone(Clinton's ex-wife) said that it takes a village to raise a child. Me think that it takes a village to take care of a sick person not just a caregiver.ffPS)EVERY family should have the right to grow this herb..
[ Post Comment ]


Comment #1 posted by Sam Adams on September 01, 2002 at 17:37:41 PT
what a great paper
For those who aren't familiar with Maine, Lewiston is very post-industrial, wife-beating drunks/rednecks type of town. (Not intending to diss anyone from there). I mean compared to Portland that's the kind of rep it has - I'm sure there are lots of great people there too. I'm just very surprised that this paper continually has great journalism on the medical issue, festivals getting busted, etc.Personally, I think Maine currently has the best law outside of California. There is a tight limit on plants and amount, but it's totally unregulated and private b/w the doctor and patient. The way it should be. I think the stories of problems cited in article are extremely rare. Remember, Maine has full decrim and people will not get arrested for possession anyway.I think Mr. whatisname needs to clean up his act and stop pissing in the alley. And I'm pretty sure they have a caregiver law as well, maybe he could find a friend who's a little more "with-it" to grow his medicine.
[ Post Comment ]


Post Comment