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  Medical Marijuana Act

Posted by CN Staff on October 21, 2004 at 13:57:38 PT
By Jessica Wambach, Community News Service 
Source: Billings Outpost 

If Paul Befumo had known that marijuana could have eased his father’s pain during the last few months of his life, he would have broken the law to get it for him. Befumo, a 48-year-old registered investment adviser in Missoula, lost his father, also named Paul, to lung cancer two years ago after the family auditioned a long list of drugs to reduce his pain and nausea and to increase his appetite.
What they didn’t try was the one treatment some chronically ill patients say has been their last, best resort: marijuana. Since then, Befumo has researched the drug’s benefits and hopes Montanans will reach beyond marijuana’s stigma on Nov. 2 when they’re asked to vote to legalize its medicinal use. “If you look up the definition of medicine, it doesn’t say something that’s injected, or comes in a pink pill or comes in a white pill,” Befumo says. Befumo is the spokesman for the Medical Marijuana Policy Project of Montana, which has been encouraging voters to pass Initiative 148, the Medical Marijuana Act. If voters approve, Montana would become the ninth state to allow chronically ill patients to use marijuana with a doctor’s prescription. Others, like Jim Shockley, an attorney and state legislator from Victor, oppose the initiative, fearing it would encourage the use of marijuana among the general population, overwhelming police and doctors who would have to monitor the drug’s legitimate use. Besides, he adds, legal treatment options already exist. If the measure passes, patients could use a limited amount of marijuana to relieve symptoms suffering from illness such as cancer, glaucoma and HIV/AIDS or treatments that produce chronic pain, nausea, seizures, or muscle spasms and atrophy. A patient or caregiver could also register to grow up to six marijuana plants and possess no more than one ounce if they provide a physician’s certification that the patient has a debilitating condition and could benefit from marijuana’s use. Befumo says that since the initiative campaign began, he’s had calls from more than 50 Montana patients who say the passage of I-148 would help them. One of the people who called Befumo was Robin Prosser, a Missoula woman who has suffered for about 20 years from an immunosuppressive disorder and was arrested in May when police found marijuana and drug paraphernalia in her home. Prosser has said she used to treat her illness because she’s allergic to prescription narcotics. In September, a Missoula judge told Prosser she could continue to use marijuana medicinally if supported by a physician. She was also told that charges against her would be dropped if after nine months she has no additional trouble with the law. Prosser’s case marked progress in the Marijuana Policy Project’s national quest to legalize medical marijuana, Befumo says, but he adds that his own story shows how far there is to go. Befumo’s father tried many drugs, including Marinol, which contains synthetic versions of marijuana’s active ingredients, but couldn’t keep the pills down and still suffered from nausea and decreased appetite toward the end of his life. “My dad liked to be really present and in control of himself,” he says. “When I had gone to visit him the last few times, the pain medication he was on really kept him as kind of an invalid. When you talk to people who are in this situation, that’s one of the worst parts of the drugs.” Befumo says that for some patients, using marijuana has cut their opiate dosages in half, allowing them to be more coherent. And while alternative drugs like Marinol are available, some patients believe they’re not as effective. “When they came out with Tylenol, they didn’t take aspirin off the shelf,” Befumo says. “Not everything works for everybody.” Not everyone is as convinced as Befumo of the medicinal need for marijuana. Michael Spence has been the chief medical officer of the Montana Department of Public Health and Human Services for seven and a half years. Before that, he worked with HIV and AIDS patients on the East Coast for more than two decades. He says he doesn’t recall any patients who couldn’t take Marinol or another synthetic drug. “I really can’t say that was an observation that I made,” he said. “I’m not saying it doesn’t happen.” Shockley, whose own wife is undergoing chemotherapy treatments, says even if some people can’t use an alternative, it’s not a good idea for Montana to pass the law. “Are there some people in the world who nothing else will help? Probably. But I imagine they are very, very, very few,” he says. “If there are any, they’re just going to have to get by on something else.” But Befumo says his group has received letters and phone calls from many medical officials across the state who support the initiative. Spence is not surprised. “I think that for the most part, the medical profession is willing to look at anything that might be beneficial to our patients’ outcome,” he says. “If this might be helpful, why not give it a whirl?” Still, he cautions, there are many uncertainties surrounding the policy. “Different people have different pain thresholds,” Spence says, adding that he’s concerned about the initial uncertainty that would result from not knowing how much marijuana to tell a patient to use. Because the law would allow a patient to grow up to six plants and possess up to one ounce of marijuana, Shockley says he’s worried patients may be allowed to grow too much and there could be a problem with patients selling or giving away their extra supply. “We’d have marijuana gardens all over the state,” he said. “This law creates a tremendous loophole for people who want to grow marijuana illegally.” But Befumo insists that the patients who would be allowed to grow marijuana wouldn’t run the risk of being imprisoned and losing their medication. “If you look at the people they’re going after, they’re not people you would consider criminals,” he says. “You don’t want to be covered under this statute.” He adds that because any authorized user would have to carry a registration card, the law would not provide an extra burden for police beyond counting how many plants a person has. “Most police officers I know can count up to six,” he says. But Lt. Levi Talkington, a Lewistown policeman and president of the Montana Police Protective Association, says the issue is more complicated than that. “With any new statute, there’s always kind of that gray area that needs to be tested,” he says. “At first I would think there would be some increased workload on the law enforcement.” Talkington suggests the state would need a watchdog force to keep the prescribed use of marijuana within legal bounds. He would also like a clearer interpretation of whether police would be able to search a house to see how many plants a person was growing. “How do I know that they have the legal limit of what they’re supposed to have and not an entire grove in the back of their house or something?” he says. He also worries I-148 is a move toward the general legalization of marijuana. “It’s kind of one step closer,” he says. “We are (already) seeing a lot more marijuana. It’s not uncommon anymore when you arrest someone and search them to find marijuana on them.” Befumo concedes the initiative may change society’s attitudes about marijuana but says its purpose is not to make the drug legal for everyone. “If you look at the statute, it’s just very narrowly defined,” he says. “But there have to be hundreds of people, even thousands in Montana, who that could work for.” Shockley, Spence and others are also concerned that marijuana has long been identified as a stepping stone toward other, more dangerous drugs. “It’s certainly considered by many people as a gateway drug and legalizing (it) is giving someone entry into a harder line of drugs,” Spence says. Joan Cassidey, chief of Montana’s Chemical Dependency Bureau, says more people are admitted to treatment programs for marijuana abuse than for the abuse of any other drug except alcohol. Of nearly 7,000 admissions in 2003, 1,400 were for marijuana. But Befumo says the “gateway drug” argument is questionable. The fact that many hard-drug abusers say they’ve used marijuana doesn’t mean most marijuana users go on to harder drugs. Nor does Befumo, a father of three, agree with Shockley’s concern that allowing the use of medicinal marijuana usage sends a bad message to children. “What’s the wrong message?” he said. “We shouldn’t put sick people in jail? I don’t have a problem with that message.” Nor do most Montanans, according to a Lee newspapers poll conducted in late September. Some 58 percent supported I-148, 29 percent opposed it and 13 percent were undecided. California was the first state to allow the possession, use and growth of medicinal marijuana in 1996. Since then Hawaii, Alaska, Oregon, Washington, Nevada, Colorado and Maine have been added to the list. Arizona has legalized its use with a doctor’s prescription, and Maryland now protects marijuana patients from incarceration, but not arrest. Befumo says medicinal marijuana has triumphed in every state where voters have been asked to allow its use. “I’m cautiously optimistic,” he says. He adds that the best part of this campaign has been educating patients and their loved ones about the benefits medical marijuana could provide. He says the way he sees it, those who do know about it have two choices if their loved ones are sick: Don’t use it or use it illegally and risk getting caught. “I would have tried it,” Befumo says. “I would’ve obtained it illegally for him. I don’t think people should have to face that choice.” Paul Befumo is out to change attitudes toward medical marijuana. Note: University of Montana School of Journalism Source: Billings Outpost, The (MT)Author: Jessica Wambach, Community News ServicePublished: Thursday, October 21, 2004 Copyright: 2004 The Billings OutpostContact: editor billingsnews.comWebsite: http://www.billingsnews.com/Related Articles & Web Site:Montana Careshttp://montanacares.org/Marijuana Should Be in The Toolboxhttp://cannabisnews.com/news/thread19664.shtmlTheir Lips are Movinghttp://cannabisnews.com/news/thread19643.shtmlVoting on Pot Issuehttp://cannabisnews.com/news/thread19629.shtmlDeputy Drug Czar Opposes Legalizing Marijuanahttp://cannabisnews.com/news/thread19612.shtml

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Comment #7 posted by FoM on October 28, 2004 at 11:07:01 PT
Related Published Letter To The Editor
Cannabis Works
 Thursday, October 28, 2004 As a Colorado citizen who voted for Amendment 20 allowing people to use cannabis medicinally in my state, I urge Montana residents to vote for I-148 (Medical Marijuana Act. Now, Coloradoans use the plant cannabis, following state law simultaneously, and it works. Since Colorado enacted its initiative, rates of juvenile cannabis use have not increased, and the sky hasn’t fallen. 
The government would like citizens to think cannabis is a chemical weapon of mass destruction. In reality, it is one of those seed-bearing plants that God created and said is good on literally the very first page of the Bible. For perspective, imagine a family member with cancer being allowed to self-induce morphine every six minutes for pain, but be prohibited from using cannabis. That’s the way I looked at it when my son was dying with leukemia. Stan White Dillon, Colo. http://www.billingsnews.com/story?storyid=14062&issue=232
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Comment #6 posted by FoM on October 22, 2004 at 15:08:19 PT
Related Article from The Associated Press
Martz Rails Against Medical Marijuana InitiativeAssociated PressOctober 22, 2004HELENA -- Gov. Judy Martz has penned an op-ed piece urging Montana voters to defeat a measure to legalize medical marijuana in the state. In the opinion sent to news media Friday, Martz said Initiative 148 ignores years of drug prevention efforts and discounts medicinal alternatives to "smoking a crude weed." "Efforts to promote the myth of 'medical' marijuana severely dilute the message that marijuana is dangerous and can have serious consequences," Martz wrote.  
The initiative, similar to measures already approved by voters in nine states, would protect patients, their doctors and their caregivers from arrest and prosecution for possessing certain amounts of marijuana for medical purposes. Proponents say the drug can relieve pain and nausea associated with AIDS, cancer, multiple sclerosis, glaucoma and other chronic illnesses. Opponents counter it's the first step toward legalizing the drug completely. Paul Befumo of the Medical Marijuana Project of Montana said Friday he was disappointed by what he characterized as Martz's "outrageous" comments. "For a lame duck governor who doesn't seem to be informed at all about the science that underlies this whole issue, I don't see what the point of her getting involved is," Befumo said. "She obviously hasn't read any of the literature."Copyright: 2004 Associated Presshttp://www.billingsgazette.com/index.php?tl=1&display=rednews/2004/10/22/build/state/25-jmartz-medicalpot.inc
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Comment #5 posted by mayan on October 21, 2004 at 17:54:25 PT
Shockley = God
Shockley, whose own wife is undergoing chemotherapy treatments, says even if some people can’t use an alternative, it’s not a good idea for Montana to pass the law. “Are there some people in the world who nothing else will help? Probably. But I imagine they are very, very, very few,” he says. “If there are any, they’re just going to have to get by on something else.”So, they're just going to have to get by on something else? Whatever you say, God. Oh, you're not God? What, you're not a doctor either? Oh, you're a state legislator? Not for long once the people of Montana find out how ignorant and cruel you are! Your own wife may needlessly suffer due to your own ignorance. I truly feel sorry for her.Sorry if these have been posted...Marijuana proponents schedule public events (MO): 
http://www.columbiatribune.com/2004/Oct/20041021News002.aspDutch Company Wants To Insure Cannabis Growers:
http://www.hightimes.com/ht/news/content.php?bid=1069&aid=10Ex-Officer Admits to Robberies:
http://tinyurl.com/4zq5tWar on pot burns time, tax dollars: 
http://www.columbian.com/10212004/clark_co/202317.html The way out is the way in...The truth about Zelikow and the 9/11 cover-up commission:
http://daily.stanford.edu/tempo?page=content&id=14947&repository=0001_articleCitizens' Commission On 9/11 On Video:
http://www.scoop.co.nz/mason/archive/scoop/stories/e3/93/200410211145.d79c1ff7.html Lawmakers Prod CIA for Pre-9/11 Accountability Report: 
http://www.truthout.org/docs_04/102104Y.shtmlCrossing the Rubicon:The Decline of the American Empire at the End of the Age of Oil:
http://www.septembereleventh.org/alerts/ruppert.php
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Comment #4 posted by sukoi on October 21, 2004 at 16:01:26 PT
E.J.
You are absolutely right but I look at it like this: if paradigm shifting were like the shifting of a five speed car transmission, then we are at the engines limit in fourth gear and are currently shifting into fifth! I hope that this makes sense :-)G.W.
It would certainly be nice if we could make everyone see things as clearly as you do and we will (most anyway), I wish that it would happen over night but it won't although, if you think about it, it has been coming on very slow but is now in a "terminal velocity" mode!
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Comment #3 posted by global_warming on October 21, 2004 at 15:45:12 PT
Liberty
“If you look up the definition of medicine, it doesn’t say something that’s injected, or comes in a pink pill or comes in a white pill,” Befumo says."The many thousands of years that human kind have lived on this planet, they have managed to sniff out the best "medicines" that Nature has given our world. Now these guys in high priced suits have copyrighted what has been given to all men and claim that they have a better medicine, but, you have to pay them lots of money for the cure.They have merely taken the natural products of this world and extracted and refined what has always been there, and for this they are holding this world hostage.They use the "LAW" and thie DEA as their soldiers to control their greedy empire and lust for money and power.People, wake up and see, even the greates doctors age and die, yes, even those greedy pharamceutical giants and the drug warriors will someday find themselves in some hospital where the pain will blot out there mind of self.While they quibble of the littelest aspects of cannabis, the lawyers, judges and police become more hungry for the blood of the victimless criminal and the invasive machine that destroys families, and liberties, chomps at the bit of our freedom.End this madness, end this prohibition, bring back America to what it was intended to be, a place where people could come to and find justice and liberty, not grand theft by our government.-gw
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Comment #2 posted by sukoi on October 21, 2004 at 15:45:04 PT
Drug Czar Targets Pot Use
I was especially angered by his last statement in the srticle.Drug Czar Targets Pot Use
http://www.abqjournal.com/north/245435north_news10-20-04.htm?tease This article is not about cannabis but I thought that many here would find it interesting reading (I hope that the link doesn't come out too long):'Frightened to death' of Bush
http://www.courier-journal.com/cjextra/editorials/2004/10/20/oped-marlow1020-8060.html
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Comment #1 posted by E_Johnson on October 21, 2004 at 14:15:03 PT
A paradigm shift takes a lot of explaining
It takes a long time.This is about so much more than pot.
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