REVISIONS TO MEDICAL MARIJUANA LAW POLARIZE SIDES

One Side Sees Criminals; the Other Sees Pained Patients

Consensus talks recently broke down between medical-marijuana
advocates and statewide law enforcement, setting up a potential
voting-season battle this fall.

The latter said they withdrew after it became clear that no consensus
would be reached on the Oregon Medical Marijuana Act.

Benton County District Attorney Scott Heiser, representing law
enforcement, said some medical-marijuana advocates were "driven by a
desire to legalize the drug using the medical-marijuana act to try
and advance their 'cause.'"

Advocates express disappointment at the outcome of the almost yearlong
meetings.

"Law enforcement views us as criminals, not patients," said Madeline
Martinez, executive director of the Portland-based Oregon National
Organization for the Reform of Marijuana Laws.

"Here, we're volunteers," said Martinez, who also has been a
medical-marijuana patient for almost five years. "They take us to the
end, and then say, 'We don't want to play.'"

As the breakdown surfaced, revisions to the statei? 1/2s
medical-marijuana act, Measure 33, had qualified for the November ballot.

Law enforcement expressed frustration toward the pro-medical-marijuana
faction that was unilaterally collecting signatures for Measure 33
while consensus talks occurred.

"A lot of people tried, put a lot of time into this," Heiser said.
"For what? So Measure 33 could get on the ballot?"

During talks, advocates and law enforcement refused to compromise on
two key issues addressed in Measure 33: multiple-growth sites and
caregiver compensation.

OMMA, in effect since 1998, does not limit the number of patients for
whom a caregiver can grow, but any monetary exchange between patients
and caregivers is illegal. Caregivers can possess up to seven plants,
three mature and four immature, per patient.

More than 10,000 patients have registered in the Oregon Medical
Marijuana Program since it began.

Although abuse cases at multiple-growth sites have created a concern
for law enforcement, advocates argue that multiple grows make economic
sense, considering the high costs of production.

Martinez said energy bills for her indoor growth alone average about
$300 per month.

Measure 33, also known as OMMA 2, notably would increase availability
and patient possession of medical marijuana.

The measure would create licensed dispensaries, or state-regulated
nonprofit entities that could distribute medical marijuana to patients.

It also would allow a qualified patient to possess up to 6 pounds of
medical marijuana per year.

The goal of the failed legislative advisory committee was to seek
compromise on such issues and produce a consensus bill for the 2005
Legislature.

"It was a committee hoping that opposing views would reconcile,"
Heiser said.

Sen. Bill Morrisette (D-Springfield), Senate Committee on Health
Policy chair, called for the group after the failure of House Bill
2939, a proposal by the Oregon Narcotics Enforcement Association. He
requested that the Department of Human Services arrange and mediate
meetings.

DHS Public Health Officer Dr. Grant Higginson, who will submit a full
committee report to Morrisette within the next couple of weeks, said
it was clear since the first meeting in November 2003 that few
agreements would be reached.

The only issue that both sides agreed on was providing 24-hour
verification information to state and local law enforcement, which can
be accomplished administratively, said Mary Leverette, committee
member and OMMA acting program manager.

HB 2939 had pushed for an all-access grow-site database for law
enforcement and sought to disqualify anyone with a prior drug
conviction from the program and force applicants to undergo an
education course.

Those issues never were ironed out, but DHS presented a potential
consensus draft before a scheduled June 28 meeting.

Advocates thought progress was hopeful.

"All Oregon medical marijuana advocates said they would take it (the
draft) at face value," said Dr. Richard Bayer, OMMA chief petitioner.

But Heiser, who said he had expressed frustrations since January,
wrote to DHS on June 23 to announce law enforcement's withdrawal.

"We wanted to explore the process fully to make sure we weren't
pulling out early," Heiser said. "There was no consensus on anything
material."

It is too early to predict the effects of the communication breakdown,
but the future of patients statewide could now depend on whether
Measure 33 passes and if the 2005 Legislature chooses to revise OMMA,
Higginson said.

Debates between advocates and law enforcement is expected to reach the
polls this fall.

Advocates plan to shift their efforts to Measure 33.

Consensus that they sought in failed talks have surfaced in the
November initiative. It includes:

# Permitting transportation of medical marijuana on public
roads;

# Qualifying naturopathic physicians and nurse practitioners as
attending physicians;

# Allowing reciprocity of medical marijuana laws with other states;
and

# Preventing patient registration from constituting cause for
employment termination.

Heiser, who plans to support Measure 33i? 1/2s organized opposition,
cited specific concern for the measurei? 1/2s proposal to increase
allowable possessions and formation of dispensaries.

"Voters will decide whether Oregon will be the most liberal state in
the nation," Heiser said.

Bayer asserted that Measure 33 is about patient protection and not
drug legalization.

"Oregon medical marijuana advocates want marijuana to be treated like
other medicines," he said.

Heiser, however, called the reasoning a defense for
legalization.

"The reality is that it's just rhetoric to advance a cause," Heiser
said.

Committee Members

Department of Human Services

# Dr. Grant Higginson, state public health officer

# Mary Leverette, Oregon Medical Marijuana Program acting program
manager

Oregon law enforcement

# Chris Brown, Douglas County sheriff

# Lt Craig Durbin, Oregon State Police

# Scott Heiser, Benton County district attorney

# David Nelson, Troutdale Police Department chief

# Erik Wasmann, Assistant attorney general, Department of
Justice

Medical-marijuana advocates

# Todd Dalotto, Compassion Center

# Madeline Martinez, Oregon National Organization for the Reform of
Marijuana Laws

# John Sajo, Voter Power

# Sandee Burbank, Mothers Against Misuse and Abuse

# Stormy Ray, Stormy Ray Foundation

# Dr. Richard Bayer, Oregon Medical Marijuana Act chief
petitioner

Patient advocate

Paul Frisch, Oregon Medical Association

[sidebar]

RECAP

Law enforcement recently withdrew from a consensus committee with
medical-marijuana advocates and the state Department of Human
Services, citing that some advocates were driven to legalize the drug.

The interim legislative advisory committee started meeting in November
2003 to discuss the Oregon Medical Marijuana Act and develop a
consensus bill for the 2005 Legislature.

Two key points that failed to reach consensus were growth sites for
multiple patients and caregiver compensation.

Medical-marijuana advocates said they will refocus efforts on November
ballot Measure 33.

Measure 33

Key changes that Measure 33 would make to the Oregon Medical Marijuana
Act:

# Patients registered with the state could grow 10 plants, up from
seven.

# Patients could possess up to 1 pound of medical marijuana instead of
1 ounce.

# Licensed dispensaries would be allowed to distribute
marijuana.

# Categories would expand for professionals who can prescribe the
drug.