RED TAPE THWARTS LEGAL USE OF MARIJUANA

Maribeth Forrest served three years in prison for a drug violation, so she
wanted to make certain she followed the law for registering as a medical
marijuana patient.

Forrest asked her doctor of six years, Gary Greenly, to fill out a form
attesting that she would benefit from medical marijuana because of chronic
pain from a series of car accidents. Greenly turned the form over to state
narcotics authorities last month, just as the medical marijuana provision
mandated when it became law in June.

Greenly and Forrest were surprised when the head of Hawai`i narcotics
enforcement told them the form was invalid because it didn't come from the
state. Their surprise turned to frustration when they were told that the
state won't have its own form until at least December, keeping medical
marijuana out of reach for patients who want to follow legal channels.

"It's just bureaucracy at its best," Greenly said. "The appropriate state
agency is bluntly stating that there are no forms out there which are valid
or legal. Until the paperwork gets resolved, unfortunately there isn't much
recourse for a physician to prescribe marijuana for patients' usage."

Forrest, a 50-year-old photographer, entertainment promoter and former
belly dancer, couldn't hide her frustration.

"I've been waiting for medical marijuana to be approved for a long
time,"she said. "If I wanted to smoke marijuana illegally, I'd do it and I
wouldn't wave a piece of paper signed by me in front of (narcotics agents)
saying,` Nah, nah, nah, nah, nah, nah.' That's like waving a red flag in
front of a bull. This is ridiculous. This is stupid."

Even as voters in Colorado consider joining Hawai`i and seven other states
and the District of Columbia in legalizing marijuana for medical use,
critics say that Hawai`i narcotics administrators continue to delay
implementing the law.

"The result is that it has a chilling effect," said Tom Mountain, who has
organized the Honolulu Medical Marijuana Patients' Co-op and gave
Forresther medical marijuana form, which is based on similar forms in other
states.

Hawai`i's procedures still must go before public hearings, said Keith
Kamita, administrator of the Department of Public Safety's Narcotics
Enforcement Division. Until everything is settled, Kamita said, no one can
legally smoke marijuana in Hawai`i.

The delays haven't helped the confusion and concern among Hawai`i doctors.

"I don't have much experience with this," said Dr. Jonathan Cho, a cancer
specialist. "I want to feel comfortable with the legal issues."

On Thursday, Kamita will appear for the first time before a group of
doctors to discuss the implications for them.

A federal judge in California ruled last month that federal officials
cannot remove the prescription licenses of doctors who endorse medical
marijuana for patients suffering from such things as AIDS and cancer. As is
the case in Hawai`i, the California law does not override federal
prohibitions against doctors prescribing drugs such as marijuana.

"I'm not giving them assurances," Kamita said. "This is still a federal
violation."

Dr. Don Purcell invited Kamita to appear before the Queen's Physician Group
Foundation because Purcell's patients have been asking about medical marijuana.

All Purcell can tell them is "it's not available at this time and the
narcotics enforcement division is still working out the mechanism where it
can be recommended."

For Forrest, the delays "mean I'm still in limbo."

She served time in two Hawai`i prisons from 1990 to 1993 for trying to
trade 8 ounces of cocaine for 12 pounds of marijuana, she said. Forrest
said she needed the marijuana because it's the only thing that eases her
pain for migraines and a crushed hip.

"I did hard time once," she said. "The last thing I want to do is get in
trouble with the law again."