cannabisnews.com: Next on MMJ: How To Set Up the Program 










  Next on MMJ: How To Set Up the Program 

Posted by FoM on November 04, 1999 at 07:55:45 PT
By Meredith Goad, Staff Writer 
Source: Press Herald Online 

Gov. Angus King is considering asking Attorney General Andrew Ketterer to set up a task force to work out the details of the new medical marijuana law enacted by Maine voters Tuesday.
The approval of Question 2 legalizes the use of small amounts of marijuana by people suffering from illnesses such as AIDS and cancer. But there are still many questions about how the program will work.Proponents of the law have said they believe the governor or Legislature should take a leadership role by appointing a task force to set up the medical marijuana program."This law to me is really about the people of Maine giving law enforcement and the Legislature permission to look at this issue and come up with a solution," said Cumberland County Sheriff Mark Dion, who supports the new law.Dennis Bailey, the governor's spokesman, said King is leaning toward asking Ketterer to step in because King thinks "it ought to be more of an initiative from law enforcement and the medical community."Ketterer said he has not yet talked to King about the issue, but "I'll be happy to serve on any task force the governor thinks I can have positive input into."Ketterer added that he thinks the potential impact of the law is "overrated" and won't have much effect on day-to-day law enforcement operations. He also said he would not support any immediate effort to overturn the law."From a law enforcement point of view, because I believe it's going to have a negligible impact, it's not something I'm going to be pursuing," he said. "I can live with that statute the way it's written."If a task force is convened as the next step, it would address such troublesome issues as physician liability. Will doctors be arrested for giving their patients written permission to use the drug? Where will patients get the drug? If a patient is stopped by police and doesn't have a physician's letter in hand, will the patient be arrested?"How long do these letters last?" Bailey said. "Are they blanket get-out-of-jail-free cards that you use for the rest of your life, or are they for a limited time only? I don't think anybody has a clear understanding of how this thing is going to work."There is no established blueprint for setting up a medical marijuana program. But states that have implemented programs have faced similar questions. And they have addressed those questions in a similar way — by setting up a working group of legislators, physicians and law enforcement officials to hammer out details and, when necessary, compromise on the more controversial issues.Alaska enacted a medical marijuana law last year, and it was immediately challenged by a state legislator. But instead of scrapping the law altogether, legislators got together with proponents of the law and developed a mandatory registration system. Under that system, patients who are accepted by the registry carry cards from the state certifying that they need marijuana for medical reasons.Oregon, which also enacted its law last year, has a voluntary registration system. Although it's voluntary, patients who don't register run the risk of being arrested and having to present their case in court, says Gina Pesulima of Americans for Medical Rights.Patients go through a rigorous screening process. The state health department reviews their medical records and consults with their doctors before giving them a registration card. Washington also enacted a medical marijuana law last year, but instead of a registry system the state requires that a doctor's permission be stated in the patient's medical record.California, home of the controversial "cannabis clubs," this year put together a task force appointed by the attorney general to deal with some of the problems that have lingered since the state enacted its medical marijuana law in 1996. The California Legislature considered establishing a patient registry this year, but tabled the issue.In all of these states, it is still up to the patients to come up with their own marijuana. Oregon recently set up a licensing system in which patients and their care-givers can receive credentials from the state to grow small amounts of marijuana.In some parts of California, such as Oakland and West Hollywood, the clubs that grow marijuana are thriving and getting along fine with law enforcement officials, though they are watched closely. In other parts of the state, they have been closed down."The courts have been pingponging the issue back and forth as the appeals go up higher about whether the clubs can exist and under what conditions," said Rob Stewart of the Drug Policy Foundation in Washington, D.C.As an alternative to the clubs, California is considering distributing marijuana seized in criminal cases. Some people have suggested the same idea for Maine, but Ketterer said he would oppose such a move."I don't think the answer to this is the government distribution of marijuana," he said.Maine's law won't take effect for another 60 days, but it may be much longer than that before all the bugs are worked out. "I think this is going to be a substantive public policy issue, and we're going to have to do the best we can in the interim," Dion said. "If cases come before the police, we're going to have to bring those facts forward and have some assessments made by prosecutors." Based on other states' experiences, patients who need medical marijuana probably won't have to worry about being prosecuted unless they try to take advantage of the new law."Obviously, if somebody does have a legitimate doctor's recommendation but they're growing a whole room full of plants, there's something going on there," Pesulima said. "And the law doesn't provide protection for that." Thursday, November 4, 1999 Copyright © 1999 Blethen Maine Newspapers Inc.Related Articles & Web Site:Mainers For Medical Rightshttp://www.mainers.org/Referendum Unlikely to Affect Prosecution of Drugshttp://cannabisnews.com/news/thread3554.shtmlMMJ Advocates Turn Eyes Toward Distribution Systemhttp://cannabisnews.com/news/thread3553.shtmlMaine Follows Connecticuts Lead On Med. Marijuanahttp://cannabisnews.com/news/thread3552.shtmlKetterer Says Impact of Marijuana Vote 'Overrated'http://cannabisnews.com/news/thread3551.shtml 

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Comment #1 posted by Freidamae Fox on June 23, 2000 at 15:38:36 PT:

Chronlc pain and Migraines

I am a 40 yr. old disabled female in Missouri and I amallergic to Most of the narcotics available and the ones I may be able to use my dr. refuses to try . So I have no choice but to try to get on to a list of some sort to beable to use cannabis . Is there any help for me ? How do I find the proper channels ? Thank You
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