STATE ON RIGHT PATH ON MARIJUANA LAW

What constitutes a 60-day supply of medical marijuana?

That's the question officials at the state Department of Health are
wrestling with as they comply with a state law requiring them to set the limit.

It's a tough decision, but one that rightfully belongs in the hands
of health professionals.

The road that led to this juncture began in November 1998 when 58.9
percent of Washington voters approved Initiative 692. The ballot
proposition permits the medical use of marijuana by patients with
terminal or debilitating conditions. Nonmedical use of marijuana is
still prohibited, but under I-692, physicians are authorized to
advise patients about the risks and benefits of the medical use of
marijuana. Qualifying patients and their primary caregivers are
protected from prosecution if they possess marijuana solely for
medical use by the patient.

But how much marijuana can a physician legally prescribe to a patient?

The initiative does not answer that question. Last year, state
lawmakers changed the law to give qualifying patients a defense if
their marijuana use is challenged in court. The legislation also
required the state Health Department to define what constitutes a
60-day supply.

Health officials conducted a series of public hearings across the
state to seek comments and guidance. They recommended 35 ounces as a
sufficient supply. They also said a marijuana growing patch should
not exceed 100 square feet.

Gov. Chris Gregoire ordered officials to take a second look. The
governor said law enforcement officials, prosecutors and other key
players were under-represented during the public hearing process.

So health officials last week convened a panel that included law
enforcement professionals, prosecutors, the American Civil Liberties
Union, a physician, a patient using medical marijuana and Sen. Jeanne
Kohl-Welles, D-Seattle, the sponsor of the legislation calling for the limit.

Other individuals listened to the conversation, which proved to be
very interesting.

Panel members said finding the right number is tricky business
because the potency of the drug can vary on many factors, including
the weight and height of the patient, his or her tolerance to the
drug and whether the cannabis is smoked or ingested. "We don't know
until we use it how much we're going to need," said Joanne McKee,
co-founder of Green Cross, an organization that provides medical
marijuana for those in need.

Don Pierce, executive director of the Washington Association of
Sheriffs and Police Chiefs, said the amount is a medical decision
that should be determined by physicians. "We think that if the amount
is set and it's medically defensible by the mainstream medical
community, we're OK with it," he said.

Dr. Bob Wood, director of HIV/AIDS Control for Public Health --
Seattle & King County, advocated that a 60-day supply be defined at a
higher amount so fewer people are taken to court. "It just creates
anxiety and discourages people from trying it," he said, referring to
the need to bring clarity to the issue.

The state has come a long way. The discussion has evolved far beyond
whether marijuana has medicinal benefits and should be legally
prescribed to patients. The question is how much marijuana
constitutes a legitimate supply for two months.

We're confident that the professionals at the Department of Health
will arrive at a reasonable answer by July 1 that is legally
defensible and medically appropriate.