ADVOCATES LAUD RULES ALLOWING MEDICAL USE OF MARIJUANA

A patient or caregiver may grow up to seven plants and possess up to three
ounces of pot

Advocates of medical marijuana welcomed news that the state has approved
rules to allow patients access to the drug.

"I'm pleased with the way the rules were revised," said Don Topping,
president of Hawaii's Drug Policy Forum. "Now (patients) can go ahead and
start the process of applying for the certificates to protect themselves
from arrest."

Starting Dec. 28, physicians will be able to issue certificates to patients
allowing them to use marijuana.

The rules make Hawaii the eighth state to legalize possession of marijuana
to alleviate pain, nausea and other discomforts associated with illnesses
such as cancer, glaucoma and AIDS.

Federal law still bans pot

U.S. Attorney General Steven Alm said federal law still prohibits
possession of marijuana.

But he said his office will exercise discretion when investigating a case.

"Legally, nothing can stop us from arresting someone in possession of
marijuana," Alm said.

"Whether we choose to do so is another matter. We are going to look at it
case by case."

Alm noted that federal prosecutors traditionally focus on hard drugs, such
as cocaine, heroin and crystal methamphetamine.

However, he said he did not want to give the impression that his office
will ignore large-scale marijuana harvests. "That won't fly," he said.

Medical marijuana advocates are concerned that the new rules do not address
how patients should get the drug.

The patient or caregiver will be able to legally grow up to seven plants
and possess up to three ounces of marijuana.

But this can be problematic if the patient lives in an apartment and does
not know much about growing marijuana, said Scott Foster, a medical
marijuana advocate and member of the Drug Policy Forum.

There are also questions about quality, strains and potency that require
some expertise, Topping said.

How the drug is obtained is "a gray area that doesn't make a lot of people
happy," said Topping.

"But that's what we have to work with at the present time. Marijuana is a
weed; it grows quite easily."

Up to patients to comply

Topping said the new rules reflect concerns raised at a public hearing last
month.

Some of the changes include:

Speeding up the certification process. The initial draft allowed the
Department of Public Safety 60 days to issue a registration certificate.
Under the new rules, the department will issue a temporary registration
certificate immediately upon receiving the physician's written certificate
and a $25 payment fee.

Doctors will not be required to report a patient's address change; patients
will be responsible for this. However, doctors still will have to notify
the department if a patient's condition no longer warrants the use of
marijuana.

Doctors will not be required to determine the amount of marijuana used. The
patient will be responsible for complying with the law.

Patients can carry marijuana when traveling interisland. The department
deleted provisions that restrict mailing and transporting of marijuana
between the islands. Officials pointed out, however, that such activities
are still in violation of federal laws.

"The initial (rules) draft was very onerous in terms of accessing the
plant," said Foster.

"Sixty days is an eternity if you are throwing up" (because of cancer
treatments).

Physicians who want to obtain the forms or who have questions about the
certification process can call the Narcotics Enforcement Division at 594-0150.