MEDICAL CANNABIS OUTLOOK CLARIFIED

U.S. Attorney Ed Kubo says he won't seek from the state a list of
doctors who certify marijuana use for their patients and he won't
prosecute the physicians just because they recommend the drug use.

But, Kubo says, doctors could face prosecution if, for example, they
certify marijuana use for a condition that is not "debilitating" as
required under the state medical marijuana law; direct a patient to
get marijuana from a street dealer; or give a patient a sample of marijuana.

Yesterday's statements elaborated on what he said Monday after the
U.S. Supreme Court ruled that the federal ban on marijuana -- cannabis
- -- supersedes state laws on medical use of the substance.

At the time, Kubo said the ruling signaled the end to a state program
used by about 2,600 patients in Hawai'i, because doctors who must sign
off on the use of the drug could now be prosecuted.

Kubo also said at the time that his office would not prosecute the
medical marijuana smokers, but cautioned that the doctors could be
prosecuted on misdemeanor charges as accomplices to the distribution
of marijuana.

Kubo's remarks triggered a firestorm of criticism from medical
marijuana advocates who contended that he misread court decisions and
embarked on a "scare tactic" campaign to destroy a viable and legal
state program.

More than 100 doctors have certified patients to use marijuana under
the state law for "debilitating" medical conditions ranging from
glaucoma to cancer.

The American Civil Liberties Union of Hawai'i strongly denounced
Kubo's remarks, which the group said were aimed at intimidating
doctors into not participating in the program. The group said any
prosecution of a doctor who certifies marijuana use is still
prohibited by a 9th U.S. Circuit Court of Appeals ruling in 2002.

Yesterday, Kubo said that before the U.S. Supreme Court decision on
Monday, doctors and patients could "operate under state law without
any fear whatsoever of federal prosecution."

"The Supreme Court took that assumption away," he said.

He said that's the reason he believes that the state medical marijuana
law is now essentially "dead."

The ACLU has demanded that he retract his original statements by
Wednesday or the group will file a federal lawsuit seeking an
injunction preventing his office from prosecuting a doctor for
certifying marijuana use.

"Mr. Kubo's comments (yesterday) reaffirm the ACLU's position that the
recent Supreme Court decision said nothing about the doctors'
constitutional right to converse with their patients about medical
marijuana," said Lois Perrin, ACLU legal director. "We strongly urge
Mr. Kubo to issue a formal retraction to undo some of the damage that
was done by his initially threatening statements."

Kubo said that he would not comment on whether he will issue a
retraction and that if he responds to the ACLU's demands, he'll
announce it.

But he made clear yesterday his thoughts about prosecuting doctors. "I
don't think physicians have anything to fear about prosecution solely
for certification," he said.

Kubo said he wasn't taking that position because of the ruling by the
9th U.S. Circuit Court of Appeals. He said he had not been able to
enforce the federal drug laws because of the appeals court decision,
but the high court's ruling now allows him to prosecute.

Kubo spoke yesterday after announcing the results of the latest
Operation Green Harvest marijuana sweep, but said none of the plants
were taken from medical marijuana users.

Under state law, certified users can each have up to three mature
marijuana plants; four immature plants; and an ounce of usable
marijuana for each mature plant.

Kubo has said he doesn't plan to prosecute patients. He said those
cases traditionally are turned over to state and county authorities
for their review.