ARRESTS TEST ISSUE OF MEDICINAL POT

AIDS patient, mom busted despite law.

TACOMA - A 61-year-old woman and her blind son who has AIDS were arrested
earlier this week after Tacoma police found three marijuana plants in their
home.

The American Civil Liberties Union of Washington is investigating whether
the arrests thwarted the intent of a recently passed initiative that lets
patients with certain illnesses grow and keep a 60-day supply of marijuana.

"At this point, we don't know what end is up. We are still wanting to know
the details," said Gerard Sheehan, ACLU legislative director. "But we're
real interested in this, and we are very concerned if the facts turn up to
be as we have been told."

Police contend they acted properly because Kelly Grubbs, 35, and Tracie
Morgan had no medical documents showing they were exempt under the law,
which also provides protection for caregivers. Morgan is Grubbs'
designated caregiver.

In addition, it requires people claiming the right to possess small amounts
of marijuana have documented evidence they are exempt from prosecution.
That would usually include medical records proving the existance of
terminal or debilitating disease and a document showing that a physician
had discussed potential medical benefits with the patient.

Dr. Rob Killian, Grubbs' personal physician, acknowledged Thursday that
although he had talked to Grubbs about the medical benefits of marijuana in
November, he never gave the Tacoma man any document confirming the discussion.

But, Killian said, it should have been obvious to police that Grubbs' use
of the controlled substance was covered by the initiative.

"This is not a borderline case," he said. "This was a clearcut, obvious
mistake."

Grubbs spent Wednesday night in jail and was released Thursday.

"He spent two days in jail getting his head screwed up and his body, too,"
Morgan said. "I'm really worried about him. I'm very upset."

Her son was diagnosed with an advanced stage of AIDS in 1996, she said.
Since then, he has had a stroke, lost his eyesight and is semiparalyzed on
one side of his. body.

But medications have caused a recent rebound, she said, and marijuana is
playing a role in improving Grubbs' eyesight.

Federal law classifies marijuana as a Schedule I drug, meaning it is
dangerous and has no medical benefit. Drugs such as cocaine and morphine
are Schedule II drugs, which can be prescribed legally but are controlled
because of the potential for abuse.

Marijuana proponents say the drug has significant medical benefits,
including reduction of nausea for cancer patients going through chemotherapy.

There is still no legal way to obtain marijuana, despite the new law, which
took effect Dec. 3. While it provides a legal defense to some seriously ill
people and their caregivers if they are charged with illegal possession of
marijuana, it doesn't prohibit police from investigating patients' use in
the first place.

Morgan was bailed out of jail quickly but Grubbs remained because of
unresolved charges involving a 1987 case of possesion of less than a gram
of marjuana and a 1991 trespassing case.