STATE'S MEDICAL MARIJUANA PROGRAM 'ESSENTIALLY DEAD'

A U.S. Supreme Court decision on medical marijuana signals the end to a
state program used by more than 2,500 patients in Hawai'i because doctors
who must sign off on the use of the drug can now be prosecuted, U.S.
Attorney Ed Kubo said yesterday.

Kubo said 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 the marijuana, which is still illegal
under federal law.

"The U.S. Supreme Court decision this morning is the death knell to the
medical marijuana issue," he said, a sentiment shared by some medical
marijuana advocates.

"I would advise all physicians and anyone who is involved in distributing
or helping in the distribution of any illegal narcotic to be very, very
leery," he said.

'Aina Haina optometrist Joyce Cassen, one of 116 doctors who issued
certificates to Hawai'i's 2,596 registered medical marijuana users, turned
down about a half dozen requests, but granted one for a patient for his
glaucoma. She said the marijuana helped the eye pressure and had a
"definite medical benefit."

But she won't be issuing any more.

"If it could become something I could be prosecuted for, I certainly would
want to stay away from that," she said.

The 6-3 decision by the high court did not strike down the laws authorizing
medical marijuana use in Hawai'i and 10 other states, but essentially
cleared the way for federal marijuana prosecution despite the states' laws.

The possible end of the program worries patients like Rhonda Robison, who
fears she will not be able to get marijuana for her 34-year-old battle
against muscular dystrophy, which she called "very, very painful."

Robison said she is struck when she least expects it. The muscles in her
body contract and expand throughout the day. Her joints, she said, also
often slip out of place, causing sharp pain.

But she said it improved in 2000, when Hawai'i became the eighth state to
allow marijuana use for medical purposes.

Robison's husband, John, 39, who has undergone chemotherapy for leukemia,
also has a permit to use marijuana.

Kubo said he doesn't think medical marijuana smokers "have anything to fear
as far as federal prosecution is concerned." Under federal law, possession
of the amounts allowed by the state medical marijuana law would be a
misdemeanor punishable by up to a year in jail.

Kubo said traditionally, those cases are turned over to state and county
authorities for their review. But he said an accomplice in the distribution
of marijuana can be held criminally liable under federal law. The first
offense in most cases would be a misdemeanor, but he cautioned that a
second offense carries mandatory jail time.

As to whether he plans to launch any prosecutions, Kubo said he will need
to consult with the U.S. Justice Department as well as the state attorney
general and city and county prosecutors.

Hawai'i adopted its medical marijuana law five years ago. It allows the use
of marijuana for "debilitating" medical conditions that include cancer,
glaucoma, HIV, severe pain and nausea. But the law requires approval by a
doctor who certifies the use of the marijuana for the condition.

"I don't think I could be counseling anyone to continue their marijuana
use, especially if it's a federal crime," federal Public Defender Peter
Wolff said.

He also suggested that the decision "puts in jeopardy" medical doctors who
might also risk their medical licenses for assisting in the violation of
federal law.

"I think the Hawai'i program is essentially dead, unless doctors are
willing to take a huge risk to their ability to practice medicine, and why
would they do that?" he said.

Bill Wenner, a retired Big Island surgeon and one of the pioneers in
issuing certifications, agreed that the decision will kill Hawai'i's program.

He said not many doctors were willing to participate when the program first
started. If the decision means the federal prosecutors can prosecute people
using marijuana for medicinal purposes, "it's open season for patients and
it's not hard to figure it's going to be open season on doctors, too."

Jeanne Ohta, executive director of the Drug Policy Forum of Hawai'i, which
favors drug treatment over prison, said the decision does not change the
Hawai'i law. But she had hoped that the Bush administration would not
"waste your tax dollars" by prosecuting the patients.

"There are other issues to expend money on," she said.

Tom Mountain, 51, founder and director of the Honolulu Medical Marijuana
Patients Cooperative, which assists medical marijuana patients, said the
prosecution of the doctors would shut down his operation. He said the
patients would be forced to pay for expensive medicines or get the
marijuana, which sells on the street for about $600 to $700 an ounce. State
officials said Hawai'i's program will continue operating as they await word
from Attorney General Mark Bennett.

Bennett said he didn't think the decision would have much of an effect
because the federal government had the authority in the past to prosecute
marijuana users or doctors acting under state medical marijuana laws, but
didn't do so.

But he said if the Justice Department decides to prosecute the doctors, it
will have a "large practical consequence."

"I think we need to see whether the Department of Justice makes any kind of
material change," he said.

[sidebar]

HAWAI'I MEDICAL MARIJUANA LAW

Under the law, a person must be certified by a physician to use marijuana
for a "debilitating" medical condition. The certificate allows the patient
to have up to three mature, flowering marijuana plants; four immature
plants; and an ounce of usable marijuana for each mature plant. The
certificate must be renewed each year.

Number of people certified as of the end of May:

Big Island 1,343

Kaua'i 378

Lana'i 3

Maui 557

Moloka'i 7

Ni'ihau 5

O'ahu 303

Total 2,596

Source - Department of Public Safety