MEDICAL MARIJUANA ACT: DON'T ACT YET

Although Oregon's medical marijuana law passed by the voters last month
became effective last week, physicians are advised against taking action
until all issues are resolved. It may be months before the Health Division
adopts rules laying out exactly how the act will be implemented.
Meanwhile, a task force called into session by Oregon Attorney General
Hardy Myers is studying a multitude of thorny enforcement issues the law
presents. OMA, along with the Health Division and the Board of Medical
Examiners, is participating in the process. At this point there is
insufficient guidance for physicians called upon to provide written
documentation for the issuance of a registry card. More significantly, the
federal government has not announced what it will do with respect to those
who aid in the growing, possession, delivery, and use of this controlled
substance. The Oregon law does not immunize physicians from either federal
criminal exposure or from revocation of their DEA certificates.

OMA director of medical legal affairs Paul Frisch advises, "At this point
it would be mistake for physicians to participate in an activity which may
or may not be the subject of conflict between state and federal law, much
less a complicated scenario currently lacking an administrative rule
infrastructure. Physicians who are willing to participate in the medical
marijuana process would be well advised to wait until the Health Division
makes its rules and the federal government takes an official position on
the act itself".

Checked-by: Richard Lake