POT INITIATIVE LEAVES LEGAL WATERS MUDDY

Marijuana milkshakes are literally what the doctor ordered for Phoenix
grandfather Josh Burner.

Burner, who suffers from cancer of the tongue and palate, said he
turned to marijuana after radiation made him so nauseous that his
weight plummeted from 193 to 141 pounds.

When voters Tuesday reaffirmed the 1996 law that gave doctors the
ability to prescribe marijuana and other drugs, Burner said it made
his heart ``soar like a hawk because it meant I would continue to use
marijuana for my treatment.''

It is still unclear, however, how officials plan to handle such
cases.

Top drug officials, not wanting to look as if they're usurping popular
will, say they will leave enforcement to local law agencies. Yet local
officials say they plan to kick such cases back up to federal
jurisdictions, where such drugs remain illegal.

Incoming state Attorney General Janet Napolitano said she will not let
her personal feelings about the law get in the way.

``Obviously, the people of Arizona have spoken twice and while I was
opposed to the medical marijuana provisions, I'm going to follow the
will of the people and get together with law enforcement folks to
discuss how we can move toward a reasonable drug policy.''

Sam Vagenas, who helped organize the state initiative drives, said
such statements ensure ``the coast is clear. It's fair to say we're
going to see an increase in activity now that voters voted twice on
this issue.''

But Deputy Pima County Attorney Bill Dickinson, in charge of the
narcotics unit, said the hype may be misplaced. In the past two years,
the office has come across only one case involving claims of medicinal
weed, but the man had no prescription.

Dickinson said the office plans to let ill users with prescriptions
skate, but will refer the prescribing doctors to the U.S Attorney's
Office to determine whether they should face sanctions under federal
law.

The U.S. Attorney's Office referred calls to the Department of
Justice. Justice spokesman Gregory King noted the agency has taken
action in the recent past to shut down cannabis clubs in California.
But he said cases will be reviewed on an individual basis.

``At the same time, we want people to clearly understand that
possession, cultivation and distribution of marijuana continues to be
a violation of federal law,'' King said.

Jim Molesa, a spokesman for the Phoenix Drug Enforcement Agency
office, echoed such sentiments. ``It's well and good what the state of
Arizona did but that doesn't change federal laws, which say the
handling and distribution of Schedule I or II drugs is a felony and
will be pursued as such.''

Chuck Blanchard, an attorney with the U.S. Office of National Drug
Control Policy in Washington, D.C., said although drug leaders ``were
disappointed and concerned,'' they plan to fight such provisions
through research, not threats.

``If the research suggests it is good medicine, then we can purify it.
If the research suggests it is not good medicine, then I'm sure no
good doctor in Arizona will prescribe it,'' Blanchard said.

The government has rescheduled other illegal substances for medicinal
use. Cocaine, for example, can be used in rare cases as an anesthetic,
Blanchard said. But so far, the government has resisted attempts to
reschedule marijuana - the last time in 1986 - because it has not
found evidence to support the claim that it has medicinal value.

Dr. Raymond Taetle, an oncologist with the Arizona Cancer Center, said
he doesn't know anybody at the Cancer Center who recommends marijuana
- - mostly because federally approved prescription medications are more
effective.

Some disagree.

In one noted example, the National Institute of Health is granting Dr.
Donald Abrams of the University of California in San Francisco 14
million joints from the federal pot farm to study the safety of using
marijuana on 64 AIDS patients.

Abrams said the government has killed his earlier attempts to study
the benefits of using marijuana, but agreed to let him see how it
affects the immune system, hormone levels and appetite.

Abrams said he got started on the project because it was clear many of
his cancer and AIDS patients are using it. And since the government
does allow doctors to prescribe a synthetic preparation of THC, the
main component of marijuana, ``obviously there must be some benefits
to the plant.''

Dr. Andrew Weil, director of the University of Arizona Program in
Integrative Medicine, said he recommends marijuana for a variety of
symptoms and feels ``it is silly to deny its use in medicine.''

Not only does it combat nausea, he said, but it can boost appetite,
control muscle spasms in patients with spinal cord injuries and
reduces internal eye pressure in glaucoma patients.

Arizona Daily Star reporter Jane Erikson contributed to this
story.

A complete list of states and their current marijuana laws can be
found at http://pharmacology.tqn.com/library/weekly/aa971215.htm.

Checked-by: Patrick Henry