MEDICINAL MARIJUANA STILL AHEAD IN THE POLLS Coloradans who went to the polls two years ago may experience a bit of deja vu when they vote next month. Amendment 20, allowing medical use of marijuana, was on the ballot in 1998 as Amendment 19. But the vote was not counted. Just weeks before the election, then-Secretary of State Vikki Buckley ruled that proponents lacked the 54,242 valid signatures needed to qualify for the ballot. Backers sued after the election and in September of last year, a judge ruled that proponents had gathered enough valid signatures and that the proposal should be placed on this year's ballot. Proponents say a vote for Amendment 20 is a vote for compassion and that the proposal would simply give patients with certain debilitating medical conditions an added treatment option. Opponents call it bad medicine and bad law, noting that the proposal does not provide any legal means by which a patient may obtain marijuana. Those opponents, represented by Coloradans Against Legalizing Marijuana, appear to have an uphill fight. Backers of the measure, Coloradans for Medical Rights 2000, claim that exit polls from the '98 vote indicated the amendment would have passed with nearly 60 percent of the vote in favor. And a poll released this week found 67 percent of likely voters in favor of Amendment 20. The proposal would amend the Colorado Constitution to legalize the medical use of marijuana for patients who register with the state. A state health agency would be designated by the governor to create and maintain the confidential registry. Qualifying medical conditions include cancer, glaucoma, AIDS and multiple sclerosis, along with any other medical condition approved by the state. To register, a person would need a statement from a physician or pertinent medical records indicating that the patient might benefit from marijuana. Supporters cite research that shows marijuana may ease pain and nausea and helps stimulate appetite in AIDS patients. Opponents argue that patients already have access to Marinol, a prescription drug that contains a synthetic version of THC, the main active ingredient in marijuana. With smoked marijuana, there's no way to control the dosage because potency varies from plant to plant. Plus, opponents note, smoking carries additional health risks. Several medical groups have joined the battle against Amendment 20, including the Colorado Medical Society, the Colorado Dental Association, Colorado Academy of Family Practitioners, the National Multiple Sclerosis Society and the American Glaucoma Society. Various law-enforcement agencies also are opposed. Besides health arguments, opponents say passage of Amendment 20 could send a wrong message to Colorado's children about marijuana. The state already has the highest rate of marijuana use in the country, according to a survey released last month. "These people aren't physicians that are putting this through," says Dr. Frank Sargent, a Denver urologist and co-chairman of Coloradans Against Legalizing Marijuana. "It's a group of people who have some different philosophies as far as legalizing drugs." But Coloradans for Medical Rights points out that using marijuana for other than medical purposes would still be illegal. The amendment also prohibits the use of marijuana in public places and limits the amount that a patient or the patient's primary caregiver could possess. Coloradans for Medical Rights' campaign is largely financed by California-based Americans for Medical Rights. The bulk of that group's money comes from three wealthy businessmen: New York financier and philanthropist George Soros, Ohio insurance executive Peter Lewis and John Sperling, founder of the for-profit University of Phoenix. The three have bankrolled similar efforts in Oregon and other states. Soros - labeled the "Daddy Warbucks of drug legalization" by former Health, Education and Welfare Secretary Joseph Califano Jr. - says he is not for legalizing drugs but merely backs a "saner drug policy." Luther Symons, a spokesman for Coloradans for Medical rights, says it was the Colorado group that approached the California group, not the other way around. "We feel fortunate that we found people who believe in our issue and were willing to financially back us. "The bottom line is this is Colorado folks who really believe this needs to be here." (SIDEBAR) Amendment 20 MEDICAL USE OF MARIJUANA Summary: Would allow patients diagnosed with a serious illness, and their caregivers, to legally possess marijuana for medical use. KEY PROVISIONS: Distribution of marijuana would remain illegal. The amendment allows for the possession of 2 ounces of usable marijuana and six marijuana plants. A state agency would be established to set up a confidential registry of patients and caregivers legally possessing marijuana. Qualifying medical conditions include cancer, HIV/AIDS, glaucoma, some neurological and movement disorders such as multiple sclerosis and any other medical condition approved by the state. To register, a person would need a statement from a physician indicating that the patient might benefit from marijuana. Employers are not required to allow medical use of marijuana in the workplace. Health insurance companies would not be required to reimburse patients for medical use of marijuana. WHAT THEY'RE SAYING Pro: Studies have shown marijuana relieves pain without the side effects of synthetic drugs. The measure provides for sufficient state oversight of the medicinal use of marijuana while preventing recreational use. Con: Using marijuana to relieve pain is not necessary because other prescription drugs with the same active ingredients are available. Patients would have no control over the dosage because potency varies by plant. Voter approval would sidestep the usual process by which medicines are regulated. WHO'S FOR IT Coloradans for Medical Rights 2000, (303) 753-3625. Web site: www.medicalmarijuana.com. WHO'S AGAINST IT: Coloradans Against Legalizing Marijuana, (303) 221-5552. Web site: www.anti-marijuana.org.
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