DOPE MEDDLERS

After Oregon's Medical-marijuana Law Passed, Even Proponents
Conceded That It Needed Some Fine-tuning. But Now They're Worried That The
Legislature's Proposed Overhaul Goes Too Far.

When Oregon voters overwhelmingly approved November's
medical-marijuana initiative, the message was clear: Sick people
shouldn't be prosecuted for puffing. But that hasn't prevented a
couple of high-profile elected officials from trying to tinker with
the new law in rather dramatic ways.

Multnomah County Sheriff Dan Noelle and state lawmaker Kevin Mannix
are proposing modifications to the law, including one that would treat
card-carrying marijuana users like suspected criminals.

Last year's initiative allows people with certain debilitating medical
conditions--such as AIDS, cancer and multiple sclerosis--to use
marijuana as a form of treatment. In order to do so, they must first
have a doctor's note describing their condition and stating that pot
may help alleviate some of the symptoms. They must also apply to the
state Health Division for an ID card. The idea is that if police show
up at the door, patients can simply show their ID cards to avoid
prosecution, as long as they aren't growing more than seven plants.

Noelle, who played a key role in the campaign against the initiative,
has put forward what is arguably the most troubling of the proposals
to change the voter-approved law.

The sheriff hopes to allow police to make up to three unannounced
visits per year to the homes of people who have obtained ID cards.
"That's to make sure they're staying within the quantity guidelines,"
he says, reasoning that someone should enforce the seven-plant limit.

Geoff Sugerman calls the proposal outrageous. "That amounts to,
basically, permission to conduct unwarranted searches with no probable
cause and no indication that the law is being abused," says Sugerman,
of Oregonians for Medical Rights, the group that bankrolled the
initiative. "That's an intrusion into the private lives of dying and
suffering patients."

Noelle, whose proposal is yet to be drafted in bill form, says he's
willing to consider having another agency do the spot checks. But the
question is: who? "I don't know who watches growing marijuana," he
says. "The Agriculture Department? The state Forestry Department?
Somebody needs to figure out how to try and have a regulatory agency
deal with this."

Meanwhile, Mannix has devised House Bill 3052, which he claims merely
tightens loopholes in the initiative. "I'm not convinced it
[marijuana] has the therapeutic value that has been ascribed to it,
but it passed," says the Democrat-turned-Republican. "I really respect
the will of the voters on this topic, but I think there are some
imprecise words in the measure that need to be clarified."

Sugerman, however, says Mannix's three-part bill would do far more
than clarify language. First, and most troubling to Sugerman, it would
eliminate the so-called "affirmative defense" from the law. This
allows people who violate the law to avoid conviction under certain
circumstances. For example, people without ID cards could qualify for
protection under the law if they convince authorities that they are
seriously ill but for some valid reason were unable to get ID cards.

Mannix says he wants to maintain the rights of seriously ill people
but adds, "You should not be able to use it as an excuse: 'I had a
headache last week so that's why I have an ounce with me.'"

The law would also restrict the use of medical marijuana by minors by
requiring that they seek permission from a parent or legal guardian.
Sugerman and his group are not opposed to this aspect of the bill.

The third part of Mannix's bill would eliminate the requirement that
police return pot seized from people who turn out to be medical users.
This has been a big concern to officers, who say they shouldn't be
expected to become marijuana gardeners.

Mannix says his bill is just a "talking piece" that will be adjusted
after public hearings, which he expects to be held within the next
month. Meanwhile, the Health Division has been busy working on rules
for obtaining ID cards, which should be ready by May 1. Initial
estimates suggested that about 500 people would apply for the cards
each year.

[sidebar notes:]

Sheriff Dan Noelle (above), who has worked against medical-marijuana
legislation, says he's become "the sheriff of pot."

Earlier this month, a judge in Philadelphia allowed a class-action
suit filed by medical-marijuana proponents to proceed.

The National Institute on Drug Abuse is expected to release a study
this week on whether marijuana should be reclassified as a drug with
legitimate medical uses.

State Rep. Kevin Mannix (above) says he want to tighten the
medical-marijuana law: "I don't want to become the growing capitol of
the world."