OFFICIALS HAZY ON MEDICAL-MARIJUANA LAW

Twelve weeks before marijuana is legally recognized as a medicine for
chronic pain, state officials, doctors and patients don't know how the new
law will be implemented, whether there will be a federal crackdown or even
how patients will get the drug.

The branch of the state health department that will deal with medicinal
marijuana is not yet up and running, though state officials say it will be
by June 1. And when it is, state officials say, they won't have any advice
on sources for the drug.

Doctors fear they could lose their medical licenses for violating federal
law, which supersedes state statute and still prohibits marijuana use.

Patients worry that with all the ambiguities, something they need and are
legally prescribed will not be easily obtained.

"There's been a lot to do, that's for sure," said Cindy Parmenter,
spokeswoman at the state's Department of Public Health and Environment.

As soon as voters approved Amendment 20 last November, state officials and
medical advocates came together to hammer out the particulars. They closely
copied how Oregon implemented its law a little over a year ago, because the
statutes have similar wording.

Come June 1, the health department will issue laminated cards for $140 to
those who have a written prescription from a doctor. The cards will allow
patients to possess 2 ounces of pot and six plants, only three of which can
be flowering.

But that's where things get sticky. A year into Oregon's program, a handful
of patient advocacy groups were created to grow the marijuana. At Oregon's
medicinal marijuana program, manager Kelly Paige gives out informational
pamphlets to patients so they can obtain the drug.

Nothing like that exists in Colorado.

"When I opposed this initiative, a lot of it was based on the
distribution," said Dr. Joel Karlin, a Lakewood allergist. "There are a lot
of different impurities. Marijuana can have everything from carcinogens to
fungi and bacteria. One may not know where they're getting their
marijuana." Limit on plants questioned

Even in Oregon, some patientusers and medical advocates think limiting the
number of plants is unfair given the finicky climate. To grow a plant
indoors, a cultivator has to buy a light apparatus that runs $2,000 to
$5,000, said Kevin Neely, spokesman for the Oregon attorney general.
Despite the potential cost, it's still illegal to receive any money for the
drug.

Julie Roche, a political consultant who was the campaign manager for
Coloradans for Medical Rights, said she's glad the law passed, even though
it isn't perfect.

The Colorado Law:

Patient must have a debilitating medical condition, such as cancer,
glaucoma, HIV, AIDS, multiple sclerosis, or chronic pain, severe nausea,
epilepsy or muscle spasms.

Patient must pay $140 a year for a state registration card.

A written prescription from a licensed physician is required.

Patient can possess only six plants, three of which can be flowering, and 2
usable ounces at any time.

No governmental, private or any health insurance provider shall be required
to be liable for any claim for reimbursement, nor will any employers be
required to provide accommodation for marijuana in the workplace. Source:
Colorado Statute 0-4-287

"I hope some of these people are worried, and they want to come forward to
help people get access to (marijuana)," she said. "I think supply needs to
come in at some point. People shouldn't be going out and getting it
illegally, because it's really not safe."

Karlin won't prescribe the drug until the courts clear a few things up,
including where the drug will come from and whether immunity from federal
prosecution exists for doctors.

Based on what has happened in other states, he probably has nothing to
worry about, though officials at the state Board of Medical Examiners said
if someone lodged a complaint against a doctor for prescribing marijuana,
they wouldn't know what to do.

"I wouldn't even want to predict what would happen," said Susan Miller, an
administrator for the board. "Conviction of a federal felony is grounds for
the board to take action, but it's not an automatic revocation. We're
venturing into murky waters here." Feds prosecute few

At least eight states have passed medicinal marijuana laws, and only a
handful of people have been prosecuted under federal law.

The people charged were accused of handing marijuana out to kids or growing
it on federal land as was the case in California, according to U.S.
attorneys' offices.

One duo in Los Angeles used medical marijuana as a defense when federal
drug agents found 6,000 plants in their house, said Thom Marzek, spokesman
for the Los Angeles district of the U.S. attorney's office.

"We're looking at large quantities. We don't prosecute guys with nickel
bags on the corner," Marzek said.

That philosophy has been reiterated by Colorado's outgoing U.S. attorney,
Tom Strickland, who said that although he opposed the measure, sentencing
guidelines usually lead officials to prosecute those allegedly in
possession of 220 pounds of drugs or more.

The law has caused horrendous headaches for California federal drug
officials since its 1996 implementation. California has no licensing
program to monitor who's legally allowed to use marijuana and who's not.
Nor does the state have any stipulations about how much is too much for
patient-users.

Ror Poliac, 44, of Denver uses marijuana to assuage pain from multiple
sclerosis. He said the glaring contradiction between state and federal law
makes people who rightfully deserve a prescription afraid of what could
happen to them.

Poliac pleaded guilty in Arapahoe County Court in December of possessing
less than an ounce of marijuana. He received a $25 fine.

"It's really gray, and there is a lot of question from our side as to
what's really going on," Poliac said. "At this point, it's almost like
every person for themselves. And that's not really a good thing because
it's not always there, sometimes it's more expensive than it should be, and
there is always so much paranoia. It's not always pure, either."

State health department officials asked the legislature's Joint Budget
Committee for $20,000 to start the medicinal marijuana program, and an
additional $129,000 to fund it for the first year. They hope after that the
$140 license fee will cover administrative costs, but they're not quite
sure what to do about patients who can't pay that.

They expect about 900 people will come through the program in the first
year, and close to 2,000 in the second.

"In our state, there's a lot of confusion around the law," said Neely, at
the Oregon attorney general's office.

"It'd be nice to see it come to the higher courts. There could be some
additional and needed clarity, which would be really nice."

Public Hearing:

A public hearing on the specifics of the medical marijuana law is scheduled
for 10:15 a.m. Wednesday at the Colorado Department of Public Health and
Environment, 4300 Cherry Creek Drive. Testimony will be taken in order of
the sign-up sheet at the hearing. For more information, call 303-692-2000.