cannabisnews.com: Questions Loom Over Medical Pot Law 





Questions Loom Over Medical Pot Law 
Posted by FoM on June 29, 2000 at 23:10:39 PT
By Hunter Bishop, Tribune-Herald 
Source: Hawaii Tribune Herald
For richer or poorer, in sickness or health, like it or not — Hawaii is wedded to a medical marijuana law. The Aloha State became the first in the nation to legalize medical marijuana by legislative action when Gov. Ben Cayetano signed the bill on June 14. Seven other states have similar laws, but they all were put into effect by voter-initiated referendums. 
While Cayetano said he wanted to help make Hawaii the “health care center of the Pacific,” not everyone shared his vision of the bill. Law enforcement officers said legalizing medical marijuana violates federal law, will lead to more illegal marijuana sales, and spur greater abuse of the drug. A spokeswoman for the Hawaii Medical Association testified that doctors who advise patients to use marijuana still face the possibility of professional sanctions and lawsuits under the law. Medical marijuana proponents, meanwhile, applauded the law’s intent but predicted it will fall short of its goal. Eligible debilitating medical conditions in the bill include cancer, glaucoma, positive HIV status, AIDS, or a disease or condition causing weakness, severe pain or nausea, seizures, or severe muscle spasms characteristic of multiple sclerosis or Crohn’s disease. The law allows patients an “adequate supply,” which would not exceed three “mature” marijuana plants, four immature plants, and three ounces of usable marijuana. Physicians must certify that their patient has a debilitating medical condition and that the potential benefits of medical marijuana would likely outweigh the health risks. “Primary care-givers” may be designated to supply the marijuana to patients who may not be able to obtain it otherwise under the law. The doctor’s certificate would be good for up to a year, and the registration could cost up to $25. The new law also prohibits medical marijuana users from lighting up in public parks, beaches and recreation centers, work places, school grounds or other public grounds. Care-givers, physicians and patients involved with medical marijuana would all be registered with the state’s Narcotics Enforcement Division, which gives pause to advocates who worry that federal prosecutors will seek charges against those who have approval to use the drug under state law. Law enforcement has general concerns about how the new law will work, said Hawaii County Prosecutor Jay Kimura. “We’re concerned it’s going to be abused,” he said. Much has to do with the rules being written by the state Department of Public Safety that will govern how the law is administered. Keith Kamita, administrator for the DPS Narcotics Enforcement Division, said the rules will take about three months to write and that public hearings will be held before they take effect. Until the rules are approved, however, it is business as usual in Hawaii for police and pot smokers — medicinal or not. Medical marijuana users still cannot smoke pot without a permit, and permits will not be available until the rules are written. “Nothing has changed,” said U.S. Attorney in Honolulu Steve Alm. “It’s still against federal law.” Volcano surgeon Dr. William Wenner predicted the program would not have its desired effect because patients will be wary about registering with the state Department of Public Safety. Wenner is skeptical of assurances that users’ names — and the names of doctors recommending marijuana use — won’t be a source of information for the U.S. Attorney, who could still prosecute users under federal laws against possession and use of marijuana. “It’s not going to be confidential,” Wenner said. Wenner is the third physician to recommend in writing that Puna resident Jonathan Adler smoke marijuana to treat asthma and insomnia. An outspoken proponent of medical and religious use of marijuana, Adler — who claims to have a legal prescription for pot use from a California doctor — believes Hawaii state law already allows the use of medical marijuana. But he was convicted of growing 89 marijuana plants at his home in Hawaiian Paradise Park in April. The crime is punishable by up to 10 years in prison. In a mutual agreement, Adler admitted in court that he had the marijuana plants police said they found on his property, and prosecutors acknowledged Adler’s medical marijuana defense. “I agreed that the state can ignore my rights until the Supreme Court can acknowledge them,” Adler said. Third Circuit Court Judge Nakamura then rejected Adler’s medical marijuana defense, while putting off sentencing until after the case is heard on appeal. Honolulu attorney Michael Glenn, who represents Adler, said Adler would appeal the case based on the court’s failure to recognize the validity of the California doctor’s prescription. The state has an obligation to recognize other states’ actions, just as they do with driver licenses and marriage certificates, Glenn said. California is one of seven other states where voters approved medical use of marijuana. “Now that we have passed our bill, and California has its own bill, you would think the prosecutor would drop the case,” Glenn said. Hawaii County police Capt. James Day, head of the vice division, said, “We have no choice but to make a case” until the state establishes the rules and guidelines. County police normally aren’t looking for the relatively small number of plants allowed under the new law anyway, he said, especially during aerial eradication missions. “Three or four mature plants really wouldn’t cause that big of a problem,” he said. “We’re looking for hundreds of plants.” But determining levels of plant maturity and the actual amounts a person may be allowed to possess for medical use under the law could pose a problem, Day said. And determining medical marijuana from illegal marijuana could be difficult from a helicopter. “I would hope it’s not going to cause a problem,” he said. Adler, a previously unsuccessful and current candidate for Hawaii County mayor, has run a classified ad in the Tribune-Herald for medical marijuana for the past six weeks, drumming up business for his “medical marijuana ministry.” Adler advises callers of the new law, and what he calls the “religious approach” to medical marijuana. He distributes pot for “donations” of $20 per gram, the equivalent of $560 an ounce. “It’s a manifestation of my healing ministry, ‘The Religion of Jesus Church,’” Adler said. Adler himself smokes up to five marijuana “joints” a day, amounting to nearly an ounce a week, he said, which would make the legal limit under the law inadequate for his treatment. It takes about 16 weeks to produce a mature plant if it survives, Adler said, and there’s an even chance the plant will turn out to be an undesirable male variety. “We’re an up-and-up ministry,” he said. Adler said he has up to 10 “patients” at any one time who make donations to the church and receive marijuana. He does not question the legitimacy of their requests. “I take them at their word.” Adler said he was arrested after an undercover police officer came five times claiming to have back pain. “Only the cop abused the privileges. He lied.” Besides representing Adler, Glenn said he may file a class action lawsuit to force the state to redefine marijuana in its schedule of otherwise illegal drugs. The state narcotics enforcement division still lists marijuana among Schedule I drugs — the most toxic, dangerous and least medically useful substances — despite the new law, he said. Wenner’s stand puts him at odds with the HMA, the professional organization of physicians. “I was disappointed in their position. Even worse, they have since advised (HMA) members not to participate” in the medical marijuana program, he said. “There’s no compassion,” Wenner said. “For serious illnesses (marijuana) provides relief without side effects. There’s no question about its safety. Over the long term it is not harmful. It doesn’t cause cancer ... (but) we’re supposed to cover our asses and tell the patients to blow off. “I don’t go looking for patients,” Wenner said. “These are people who found out (about marijuana) themselves. They look for approval.” Wenner doesn’t believe anyone is going to be prosecuted in Hawaii despite the federal law, and U.S. Attorney Alm said he’s not going to use the state’s list of medical marijuana users and physicians to prosecute them under federal law. “I’m just not going to do it,” Alm said. The U.S. Attorney’s Office has prosecuted only a few, relatively high-profile marijuana cases on the Big Island, while concentrating mostly on the distribution and use of methamphetamines (“ice”) cocaine (“crack”) and heroin, he said. Alm also said law enforcement will not change much at any level as a result of the recent legislation. “If someone is going to carry around a pound (of pot) and they get caught, they’re over their limit ... if people are going to use this to try to go around the law, they’re in trouble,” he said. Published: June 30, 2000Copyright 2000 Hawaii Tribune Herald. Related Articles & Web Sites:Hawaii Legislature: http://www.capitol.hawaii.gov/Marijuana Policy Project: http://www.mpp.org/Drug Policy Forum: http://www.drugsense.org/dpfhi/Hawaii Decriminalizes Marijuana for Medical Use http://cannabisnews.com/news/thread6061.shtml Hawaii Governor Signs Medical Marijuana Billhttp://cannabisnews.com/news/thread6060.shtmlCannabisNews Medical Marijuana Archives:http://cannabisnews.com/news/list/medical.shtml 
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Comment #4 posted by dddd on June 30, 2000 at 12:25:42 PT
law
 Kap,I think you're right about the state law taking precedence over federal law thing,,but I wouldnt be surprized if there is some sort of federal over-ride that got snuck into law,at the back of some totally unrelated bill. The feds have basically ignored the will of the voters in every state that passed MMJ laws. With anything to do with drugs,you have very few rights,,unless you can afford to buy them in the form of Jonnie Cochran and his pals.If you got the money,you can O.J. your way out of anything....dddd
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Comment #3 posted by kaptinemo on June 30, 2000 at 08:05:56 PT:
I'm no lawyer, but...
Isn't there a clause in the California State Constitution that explicitly spells out that in the case of Federal law coming into conflict with State law, that the State law has primacy?4D, not too long ago, I was in the same kind of predicament. Only my State is even more enthralled by the Feds than CA is; we have no such laws at all governing MMJ.(Despite hundreds of people showing up at the hearings for it, and thousands having written in support of it, the no-guts Dems dominating the Statehouse wimped out by saying, and I quote one verbatim: "I can't imagine this State going up against Federal law.") An elderly lady I was 'primary caregiver' to was in desperate need of cannabis to quell chemo-induced nausea. I had no suplier that I could trust; the few I met smelled of 'narc' to me. Just a little too eager to make a sale. That left growing. As old and as stodgy as she was, she was desperate enough to try it. Until I told her what could happen if the State Troopers flew over her house with an infrared detector. Namely, forfeiture. They had a major presence at a nearby airport; especially in winter you'd see their chopper flying around at night. They were hoping to recoup the tens of thousands of dollars on JP fuel they would otherwise waste, by spotting tell-tale IR signatures of grow rooms. And bust them. So she suffered as so many do. While some narc visits the auction of someone's home he helped bust, and buys it at a pittance because he's 'competing' with fellow narcs who all know the fix is in. All while sick people endure legally sanctioned torture... and die ignominiously as Peter McWilliams did.
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Comment #2 posted by Scott on June 30, 2000 at 05:52:22 PT:
*sigh*
"Law enforcement officers said legalizing medical marijuana violates federal law"The cop should know that state laws come before Federal laws. If it is against the Federal law to smoke marijuana for medical use, but the state law says you can, than the state law is the one enforced and the federal law is ignored.", will lead to more illegal marijuana sales"Of course it will, since there will be new users...patients. Unless Hawaii is setting up a way to legally distribute the plant, then patients will have to go to the streets.", and spur greater abuse of the drug." That's speculation, there is no reason to believe that. "Greater abuse", maybe, by some guy with cancer or AIDS.
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Comment #1 posted by dddd on June 30, 2000 at 04:55:54 PT
spooky
 Here's my situation.I have been good friends with Fred for about 20 years.He's a quadrapalegic.About 4 years ago,he got married.Several months later,his wife got busted,and was sentenced to 4 years.Fred asked if I would help him out till his wife got cut loose,so for almost three years,I was Freds' "primary caregiver". Supposedly,here in California,I am somehow covered by prop 215.Fred has an excellent letter from his doctor at the VA hospital,reccomending,and prescribing marijuana for his muscle spacticity. Fred kept trying to get me to grow some plants in his yard...I refused because of the large gray area in the law.Technically,there should be no real problem with growing a couple of plants,but for some reason I didnt feel comfortable.Perhaps because I am a longhaired,old hippie looking guy,and law enforcement down here in Orange County is not known for their understanding or balanced views.Longhaired guys are the first to be locked up.They would sort out the gray area in the law later,while I occupied a nice modern,fresh cell,,in one of Californias' 20 brand new prisons.....So anyway,,I decided not to be a pioneer in testing prop 215. About 7 months ago,Freds' wife got cut loose on probation/parole.Two weeks ago,she got a DUI,and is once again,a guest at the Graybar hotel,so I'm takin' care of Fred again.He wants me to grow some plants,but the application of the law is so nebulous,that it scares me. I'm gonna try to research the specifics,(if there are any),this week...... I'm spooked......What a nightmare.I can just see the slight,smug grin on the prosecutors face after he successfully convinces the court that even though I havnt even had a traffic ticket in 20 years,I somehow dont qualify for anything under prop 215,and until they figure it out,,my old marijuana crazed ass,should be under lock and key,,,,and that everything I own,including my dog,was obtained with drug money,and until they figure it out,they will confescate everything,thus assuring I have no money to hire even a cheap lawyer....Then I would be assigned some law school dropout public defender,who would tenaciously defend me in court,along with the 50 other cases he defended that week,,all of whom are now occupying brand new cells,in which the paint hasnt even dried......Kinda creepy ,wouldnt you say? .......dddd
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