QUESTIONS LOOM OVER MEDICAL POT LAW

For richer or poorer, in sickness or health, like it or not -- Hawaii is
wedded to a medical marijuana law.

The Aloha State became the first in the nation to legalize medical
marijuana by legislative action when Gov. Ben Cayetano signed the bill on
June 14.

Seven other states have similar laws, but they all were put into effect by
voter-initiated referendums.

While Cayetano said he wanted to help make Hawaii the "health care center
of the Pacific," not everyone shared his vision of the bill. Law
enforcement officers said legalizing medical marijuana violates federal
law, will lead to more illegal marijuana sales, and spur greater abuse of
the drug.

A spokeswoman for the Hawaii Medical Association testified that doctors who
advise patients to use marijuana still face the possibility of professional
sanctions and lawsuits under the law.

Medical marijuana proponents, meanwhile, applauded the law's intent but
predicted it will fall short of its goal.

Eligible debilitating medical conditions in the bill include cancer,
glaucoma, positive HIV status, AIDS, or a disease or condition causing
weakness, severe pain or nausea, seizures, or severe muscle spasms
characteristic of multiple sclerosis or Crohn's disease. The law allows
patients an "adequate supply," which would not exceed three "mature"
marijuana plants, four immature plants, and three ounces of usable marijuana.

Physicians must certify that their patient has a debilitating medical
condition and that the potential benefits of medical marijuana would likely
outweigh the health risks. "Primary care-givers" may be designated to
supply the marijuana to patients who may not be able to obtain it otherwise
under the law. The doctor's certificate would be good for up to a year, and
the registration could cost up to $25.

The new law also prohibits medical marijuana users from lighting up in
public parks, beaches and recreation centers, work places, school grounds
or other public grounds.

Care-givers, physicians and patients involved with medical marijuana would
all be registered with the state's Narcotics Enforcement Division, which
gives pause to advocates who worry that federal prosecutors will seek
charges against those who have approval to use the drug under state law.

Law enforcement has general concerns about how the new law will work, said
Hawaii County Prosecutor Jay Kimura. "We're concerned it's going to be
abused," he said.

Much has to do with the rules being written by the state Department of
Public Safety that will govern how the law is administered. Keith Kamita,
administrator for the DPS Narcotics Enforcement Division, said the rules
will take about three months to write and that public hearings will be held
before they take effect.

Until the rules are approved, however, it is business as usual in Hawaii
for police and pot smokers -- medicinal or not. Medical marijuana users
still cannot smoke pot without a permit, and permits will not be available
until the rules are written.

"Nothing has changed," said U.S. Attorney in Honolulu Steve Alm. "It's
still against federal law."

Volcano surgeon Dr. William Wenner predicted the program would not have its
desired effect because patients will be wary about registering with the
state Department of Public Safety. Wenner is skeptical of assurances that
users' names -- and the names of doctors recommending marijuana use --
won't be a source of information for the U.S. Attorney, who could still
prosecute users under federal laws against possession and use of marijuana.
"It's not going to be confidential," Wenner said.

Wenner is the third physician to recommend in writing that Puna resident
Jonathan Adler smoke marijuana to treat asthma and insomnia. An outspoken
proponent of medical and religious use of marijuana, Adler -- who claims to
have a legal prescription for pot use from a California doctor -- believes
Hawaii state law already allows the use of medical marijuana. But he was
convicted of growing 89 marijuana plants at his home in Hawaiian Paradise
Park in April. The crime is punishable by up to 10 years in prison.

In a mutual agreement, Adler admitted in court that he had the marijuana
plants police said they found on his property, and prosecutors acknowledged
Adler's medical marijuana defense. "I agreed that the state can ignore my
rights until the Supreme Court can acknowledge them," Adler said.

Third Circuit Court Judge Nakamura then rejected Adler's medical marijuana
defense, while putting off sentencing until after the case is heard on appeal.

Honolulu attorney Michael Glenn, who represents Adler, said Adler would
appeal the case based on the court's failure to recognize the validity of
the California doctor's prescription. The state has an obligation to
recognize other states' actions, just as they do with driver licenses and
marriage certificates, Glenn said. California is one of seven other states
where voters approved medical use of marijuana.

"Now that we have passed our bill, and California has its own bill, you
would think the prosecutor would drop the case," Glenn said.

Hawaii County police Capt. James Day, head of the vice division, said, "We
have no choice but to make a case" until the state establishes the rules
and guidelines. County police normally aren't looking for the relatively
small number of plants allowed under the new law anyway, he said,
especially during aerial eradication missions. "Three or four mature plants
really wouldn't cause that big of a problem," he said. "We're looking for
hundreds of plants."

But determining levels of plant maturity and the actual amounts a person
may be allowed to possess for medical use under the law could pose a
problem, Day said. And determining medical marijuana from illegal marijuana
could be difficult from a helicopter. "I would hope it's not going to cause
a problem," he said.

Adler, a previously unsuccessful and current candidate for Hawaii County
mayor, has run a classified ad in the Tribune-Herald for medical marijuana
for the past six weeks, drumming up business for his "medical marijuana
ministry." Adler advises callers of the new law, and what he calls the
"religious approach" to medical marijuana. He distributes pot for
"donations" of $20 per gram, the equivalent of $560 an ounce. "It's a
manifestation of my healing ministry, `The Religion of Jesus Church,'"
Adler said.

Adler himself smokes up to five marijuana "joints" a day, amounting to
nearly an ounce a week, he said, which would make the legal limit under the
law inadequate for his treatment.

It takes about 16 weeks to produce a mature plant if it survives, Adler
said, and there's an even chance the plant will turn out to be an
undesirable male variety.

"We're an up-and-up ministry," he said. Adler said he has up to 10
"patients" at any one time who make donations to the church and receive
marijuana. He does not question the legitimacy of their requests. "I take
them at their word."

Adler said he was arrested after an undercover police officer came five
times claiming to have back pain. "Only the cop abused the privileges. He
lied."

Besides representing Adler, Glenn said he may file a class action lawsuit
to force the state to redefine marijuana in its schedule of otherwise
illegal drugs. The state narcotics enforcement division still lists
marijuana among Schedule I drugs -- the most toxic, dangerous and least
medically useful substances -- despite the new law, he said.

Wenner's stand puts him at odds with the HMA, the professional organization
of physicians. "I was disappointed in their position. Even worse, they have
since advised members not to participate" in the medical marijuana program,
he said.

"There's no compassion," Wenner said. "For serious illnesses provides
relief without side effects. There's no question about its safety. Over the
long term it is not harmful. It doesn't cause cancer ... we're supposed to
cover our asses and tell the patients to blow off.

"I don't go looking for patients," Wenner said. "These are people who found
out themselves. They look for approval."

Wenner doesn't believe anyone is going to be prosecuted in Hawaii despite
the federal law, and U.S. Attorney Alm said he's not going to use the
state's list of medical marijuana users and physicians to prosecute them
under federal law.

"I'm just not going to do it," Alm said. The U.S. Attorney's Office has
prosecuted only a few, relatively high-profile marijuana cases on the Big
Island, while concentrating mostly on the distribution and use of
methamphetamines ("ice") cocaine ("crack") and heroin, he said.

Alm also said law enforcement will not change much at any level as a result
of the recent legislation.

"If someone is going to carry around a pound and they get caught, they're
over their limit ... if people are going to use this to try to go around
the law, they're in trouble," he said.