GRAY AREA OF 'GREEN' MEDICINE

The recent arrest of a medicinal marijuana advocacy leader and six
others ignites controversy regarding patients' access within legal
limits of the state law. "They may have pushed the envelope, but
these aren't drug dealers."

Imagine your doctor recommending a medication to ease your
suffering, yet can't and won't tell you where to obtain the "prescription."

In 2000, Hawai'i became the first state to pass legislation that
decriminalized the use of medicinal marijuana. Research revealed
that it was an effective treatment for alleviating pain and symptoms
associated with certain illnesses. But laws still remain silent
about where to obtain this herbal remedy.

Patients diagnosed by a medical doctor as having "debilitating"
conditions must register with the state's Narcotics Enforcement
Division (NED) to receive certification, which they must renew
annually. Patients are legally allowed to have three mature
marijuana plants, four immature plants and one ounce of
usable marijuana for each mature plant. They have permission to
grow or have someone grow for them (a caregiver), but they are given
no means by which they can acquire seeds. Furthermore, marijuana
usage is technically illegal by federal law.

It seems that patients were left to their own devices, without a
safe, legal way to obtain their prescribed medication.

Longtime medical marijuana advocate Brian Murphy wanted to overcome
this problem by creating Patients Without Time (PWT). Since 2004, he
managed the group from a Pa'ia office, where licensed patients had
the means "fill their prescriptions."

Murphy provided startup , as well as marijuana, for 1,280 registered
patients, cardholders who acknowledge their act of civil disobedience.

Murphy, a stroke victim and veteran, spent decades at the forefront
of numerous medicinal marijuana campaigns in California (where there
are dispensaries) and Washington, D.C. He considers himself an
expert on legislation and cultivation of specific strains.

"This isn't just pot," he said. "It's specific medication."

According to Murphy, fewer than 5 percent of cardholders are able to
maintain plants. This leaves 95 percent utilizing "the streets,"
relaying on dangerous pharmaceuticals, or suffering.

"Law states that you are allowed to 'acquire,' but there' no
definition," said Murphy. "There's this horrible gray area."

To some, Murphy may be a cultural hero. PWT believed they were
filling a need. The Maui Police Department (MPD) feels that the
"filling" they used was an illegal activity.

After the two-year investigation, "Operation Weedkiller" concluded
last November, as MPD arrested seven medicinal marijuana
cardholders-including Murphy-proclaiming that they were part of a
drug-trafficking ring that used Hawai'i's laws as a front. He
pleaded innocence and said his residence was a registered grow-site
for cardholders.

All seven were charged with criminal conspiracy, most facing a
variety of felony drug charges.

"We want to say that for those people that are following the letter
of the [medical marijuana] law, we don't go after them," said MPD
Vice Section Commander Captain Gerald Matsunaga.

Murphy filed a lawsuit complaining about the MPD and their
interference with PWT in October 2008. His arrest followed soon thereafter.

"I'm confident that we will prevail in court," said Capt. Matsunaga.
"There's overwhelming evidence that will be presented that they
[PWT] have abused medical marijuana laws."

"This last year has been a wild adventure for me," said Murphy.

In November 2007, Murphy suffered head injuries after being stuck by
a pistol during a robbery at his Ha'iku residence.

Murphy returned from the hospital to discover what he refers to as
the police's "lack of investigation."

"I walk in the door to find the trigger guard on the floor-the
bullets," he said. "They didn't pick up any of it."

Murphy also felt police may have actually been involved in the robbery.

After a year of what Murphy called "headaches with the MPD," he
filed the forfeiture and civil case against them-but his arrest
occurred a week before the hearing.

"The whole idea of PWT was to fill in the gap before we could change
the laws to make it work," he said.

Murphy is also director of Maui County Citizens for Democracy in
Action (MCCFDIA) and has put 15 bills before legislation.

"We're trying to make change through the political process and
they're saying we're drug dealers," he said.

MCCFDIA crafted House Bill 2675 to create a medicinal marijuana task
force. Gov. Linda Lingle vetoed it last July, even after the state
Legislature voted in its favor.

Rep. Joe Bertram III (11th District, South Maui) continues to
support medicinal marijuana law reform. He is a cardholding
caregiver who grows for someone else.

"PWT goes beyond just trying to make a safe access, but tries to
change laws," said Rep. Bertram. "They may have pushed the envelope,
but these aren't drug dealers."

Rep. Bertram is an advocate for secured growing facilities. He would
also like to organize a "Meet the Patient Day" for lawmakers, and
will attempt to grow a marijuana plant in his office this year.

"These are real patients," he said. "These are not crackpots turning
in their pot to get crack. They're real people with real conditions,
and most of them are older patients."

According to NED, the number of medical marijuana cardholders has
increased by 87 percent over the last two years. Through November
2008, the agency reported 4,644 statewide registries, with the
largest amounts being 2,954 on Hawai'i Island and 886 on Maui. The
majority of cardholders are over the age of 55.

"Where do they go? Kalama Park, a high school?" asked Rep. Bertram.
"Many are depending on it and it's sad. We need to make it easier
for patients to obtain medicine."

"My downfall may be that I couldn't stand by-I guess I've helped too
many," said Murphy.

Murphy revealed that all of his patients did sign an affidavit
agreeing to participate in defense, if need be. He says he feels
good about the case, which will go to trial in August.

"Are they are all conspirators?" said Murphy. "Why single us out?
They're [MPD] trying to intimidate patients. We tried to create a
situation where patients could retrieve medicine safely and not risk
the black market."

MCCFDIA is pushing a bill for medical marijuana and a distribution
system for legislative review. It proposes to create a distribution
stamp system, and allow a secured growing facility to grow marijuana
for no more than 14 qualifying patients.

"I'll be spending a lot of time in O'ahu the next few months," said Murphy.

Rep. Bertram is anxious to see what this case can do to bring the
public's attention to an "incomplete" law. "Most people don't have
this information on their radar, even legislators," he said.

Medical Marijuana Testimonials

"Using marijuana as medicine has changed my life."

Larry

Larry of Kahului has been a medicinal marijuana cardholder for the
last three years. He suffers from degenerative spinal disease, as
well as adverse effects from a coma he suffered in 2007.

Doctors kept increasing his pharmaceuticals, which eventually gave
him hallucinations. A doctor advised he utilize marijuana.

"Using marijuana as medicine has changed my life," said Larry.

Larry lives in a neighborhood where it would be frowned upon and
perhaps dangerous if he grew plants.

"I get mine from 'a guy' and I'm facing charges if I get caught,"
said Larry. "What can I do? It's the risk you take."

Larry still takes a little morphine each day to alleviate pain, but
not much. "Marijuana helps just as much if not more than my
prescription," he said.

Greg

For 61-year-old Kihei resident Greg, marijuana provided him relief
from a variety of ailments over the years that caused him pain,
including colon cancer and tumors. His doctor suggested trying marijuana.

Greg was vomiting at least 20 times a day. Marijuana knocked down
his nausea, while boosting his appetite.

Greg was actually never a cardholder. He filled out forms to obtain
certification, but learned that doctors at his certain medical
center were not allowed to certify any patients, due to company policies.

"What's the difference if I did have a card? I'd still have to get
it illegally," said Greg.

Greg admitted marijuana was a solution after he first tried pharmaceuticals.

"When I was going through chemo, I actually got my medicinal
marijuana from a grower who was providing to cancer and HIV
patients," he said. "It's one of the only things that worked for me."