MEDICAL MARIJUANA MERELY A PATH TO LEGALIZATION

I believe that it is time for me to weigh in on Ballot Measure 67. Is
it really a measure to ensure that medical use of marijuana can be
achieved in Oregon, or is it a backdoor means of legalizing marijuana?
A close look at the lanquage of the proposed initiative leads to no
other conclusion than the latter. This is not a medical bill; this is
a legalization proposal.

The measure proposes that any person with a "debilitating medical
condition" is eligible to receive the "registy identification card"
which authorizes the "medical use of marijuana." Let us look at the
definition of "debilitating medical condition." This condition exists
if a person can convince a doctor that he/she is suffering from
"severe pain" (I stubbed my toe last week and had a great deal of
severe pain) or they are suffering from "severe nausea". ( My wife had
the flu last month and it made me nauseous.)

"Medical use of marijuana" is so broadly defined that it, in effect,
provides carte blanche authority to violate the criminal laws of this
state. It would allow the production (manufacture), possession and
delivery of marijuana. Of course, only those persons with the magic
"card" can so violate the law, but as the law is written it allows any
person to manufacture, possess or deliver marijuana so long as they
can show a law enforcement officer that they have applied for the
card. In those cases where the person does not have the card and has
not applied for the card, this law makes it an affirmative defense (
an affirmative defense is raised by notice only and must be disproved
by the state beyond a reasonable doubt) that the person either could
have applied for the card or might have the "debilitating medical
condition." Short of this, the law allows any person to raise a
defense of "choice of evils." (Choice of evils means that a person
must violate a law in order to prevent greater harm, which would occur
by not violating the law.)

Children are also eligible to receive the "magic card" if only one of
the child's parents or legal guardians consents to such. This means
that children, persons under the age of 18 years, can manufacture,
possess or deliver marijuana without legal consequences. Is it not
evident that society should protect its children? Are we to assume
that such a child with the "magic card" will make the right decisions
and not provide marijuana to his/her friends at school?

It appears that the law is vaque on how much marijuana a person can
produce, possess or deliver. It says that the person with the "magic
card" can have "three mature marijuana plants, four immature plants
and one ounce of usable marijuana." But if the card holder has more
than this they can raise an affirmative defense to show that the
greater amount possessed or manufactured is medically necessary to
treat symptoms suffered by the person. One fully mature plant of
today's high potency marijuana can be sold for thousands of dollars.

Oregon district attorneys are generally opposed to this proposed
initiative and believe that it should be defeated in November. I am
not opposed to, nor do I believe most district attorneys are opposed
to, medically sound treatment procedures for patients with terminal
diseases. Self-medication is not the answer. This proposal initiative
goes to far This is a back door attempt to legalize marijuana. Should
this proposal pass, I believe virtually all criminal investigations
and prosecutions for marijuana law violations would cease.

I urge close and careful reading of this proposal. In doing so, you
will note that it is a bad law.

Checked-by: Patrick Henry