LAWMAKERS APPEAR NEAR ACCORD ON MEDICAL MARIJUANA

Law Enforcement Officials Stress That Pot Possession Is Still A Federal
Offense, And The Drug Can't Be Prescribed

Hawaii legislators appear close to ending years of debate over medical use
of marijuana.

The Senate may agree to House changes to a Senate bill that legalizes such
use of marijuana rather than refer the bill to a conference committee, said
Senate Judiciary Co-Chairman Matt Matsunaga (D, Waialae, Palolo).

"The key is if we can get 13 votes," he said.

The House tightened the bill for law-enforcement purposes, which may
satisfy some questions, he said.

Gov. Ben Cayetano is such a strong supporter of use of marijuana for
certain debilitating illnesses that he devoted a full page to the topic in
his recent four-page report to communities.

A majority of Hawaii voters (77 percent) also favor allowing seriously or
terminally ill patients to use marijuana, in a poll conducted by
Honolulu-based QMark Research and Polling.

Among major opponents are law enforcement agencies, the Hawaii Medical
Association and the Board of Medical Examiners.

The House Health Committee, which heard testimony on similar bills in
previous years, waived it this time to the House Judiciary Committee.

House and Senate Judiciary committees asked people testifying to stick to
legal aspects -- how it would work and interface with federal law, rather
than whether marijuana should be legalized for medical use.

Law enforcement officials emphasize that possession of marijuana is a
federal offense and marijuana is a federally scheduled drug that can't be
prescribed.

Even if state law allows medical use of marijuana, "What the state ends up
doing will not change federal law," U.S. Attorney Steve Alm said

"It would be up to federal authorities how they would like to proceed on
these cases," said Maj. Susan Dowsett, commander of the Honolulu Police
Department's Narcotics/Vice Division.

"We would no longer be able to take them to state court," she said.

The Hawaii Medical Association has argued that use of medical marijuana
should be approved through the federal process governing prescriptive
drugs, "based on evidence from scientific, controlled studies, approved by
the U.S. Food and Drug Administration and distributed through pharmacies."

But states do not have to adhere to federal law regarding drugs, said
Pamela Lichty, American Civil Liberties Union of Hawaii board president.
"It's a states'-rights issue."

California, Arizona, Oregon, Washington, Alaska, Maine and the District of
Columbia have passed laws or voter initiatives to permit medical use of
marijuana. Since Oregon's law went into effect in December 1998, more than
750 registration cards have been issued to about 500 patients and
caregivers and about 300 physicians are participating, said Kelly Paige,
the state medical marijuana program manager.

No registered patients or caregivers have been convicted of a
marijuana-related offense and no cards have been revoked, she said.

She cited some barriers to program participation but said, "On balance, the
program is working better than either the proponents or the opponents
anticipated."

One of the problems in Oregon, Paige said, is that some patients are unable
to grow medical marijuana at their homes or find caregivers to grow it for
them.

Hawaii's program would be similar to Oregon's under the legislation:
Authorized patients or primary caregivers would have to grow their own
marijuana.

But how would they get the seeds? "They would have to get them from another
patient or the black market," said Lichty, who is also vice president of
the Drug Policy Forum of Hawaii. "There is no ready way to get them."

Distribution of marijuana would be limited to transfer of marijuana and
paraphernalia from the primary caregiver to the qualifying patient.

"The big question is distribution," Lichty said. "A lot of states are
wrestling with it.

"The first step is to remove the threat of arrest. The secondary issue is
how actually to do it."

Medical conditions qualifying for marijuana use would include cancer,
glaucoma, HIV, AIDS and chronic conditions, such as seizures from epilepsy
or muscle spasms characteristic of multiple sclerosis or Crohn's disease.

A primary caregiver, 18 or older, would be responsible for managing the
patient's medical use of marijuana.

The House version would allow the patient and caregiver to have an
"adequate supply" of marijuana between them to treat a medical condition,
not to exceed three mature marijuana plants, four immature plants and one
ounce of usable marijuana per each mature plant.

The Senate draft had established an upper limit of 10.5 ounces for an
"adequate supply," and no more than a 60-day supply.

A physician could not "prescribe" marijuana but would certify in writing
that a patient had qualifying conditions to use it.

Physicians, patients and caregivers would have to register with the
Department of Public Safety.

Patients wanted the registry in the Department of Health, as the Senate
proposed. But the department said it should be in the Public Safety
Department because that's the lead agency for scheduling of controlled
substances and licensing of physicians prescribing controlled substances.

Law enforcement agencies would have "reasonable access" to the registry
information for enforcement purposes.

The bill provides protections from state prosecution for qualifying
patients, primary caregivers and physicians complying with the
requirements. It also provides penalties for fraudulent misrepresentations
and violations.

Medical use of marijuana wouldn't be permitted in any buses or moving
vehicles, in a workplace, on school grounds, at any public park, beach or
recreation center or other place open to the public.

Matsunaga, son of U.S. Sen. Spark Matsunaga, who died of cancer in 1990,
said, "I think anybody who's had a close relative, father or mother who has
died of cancer or other debilitating disease recognizes the need to show
some compassion toward these people.

"Speaking for myself, I would have done almost anything to relieve my
father's symptoms of nausea. He was feeling really sick, unable to eat ...

"This is just trying to open up another option. ... For people who fear
it's going to lead to some kind of explosion in drug usage, I think there's
a world of difference between a grandmother dying of cancer and a drug dealer."