'CAREFUL WHAT YOU ASK FOR,' SAYS POLICE CHIEF

Medical marijuana: Growing controversy

In the wake of recent arrests leading to the shutdown of a Paia-based
medical marijuana advocacy group, proponents are again proposing
changes to Hawaii's medical marijuana law to allow secure growing
facilities so patients can legally obtain marijuana.

"Now we can address what was a failure of current law," said South
Maui Rep. Joe Bertram III. "The failure is providing it for people who
can't grow it, because most people can't."

But law enforcement officials, including Maui County Police Chief Tom
Phillips, continue to oppose such efforts to change Hawaii's medical
marijuana law.

Because it's illegal under federal law to possess and distribute
marijuana, large marijuana-growing operations in the state could be
subject to federal prosecution, including forfeiture of property used
for marijuana cultivation, Phillips said.

"If they're going to pass a law to allow growing facilities, it's
going to attract federal attention," Phillips said. "Then they will be
asking for problems. Then people are going to start losing properties.

"Be careful what you ask for."

Hawaii is among 14 states that have medical marijuana
laws.

Enacted in 2000, the Hawaii law allows registered patients diagnosed
with a "debilitating medical condition" to have an "adequate supply"
of no more than three mature marijuana plants, four immature marijuana
plants and 1 ounce of usable marijuana for each mature plant.

To qualify as a patient, a person must be examined by a physician who
certifies in writing that potential benefits of medical marijuana use
would likely outweigh health risks. The written certifications are
good for one year.

Physicians must register the names and other information about
patients who receive the certifications with the state Department of
Public Safety. Patients also must register with the state to receive a
medical marijuana certificate.

The law allows a patient to designate a primary caregiver to be
responsible for the patient's medical marijuana use, which can include
growing marijuana for the patient. A caregiver, who also must register
with the state, can be responsible for only one qualifying patient at
a time.

At the end of December 2008, there were 4,560 patients and 488
caregivers registered statewide.

In the state fiscal year ending June 30, 2008, there were 4,296
medical marijuana patients registered statewide, a 32 percent increase
from the 3,246 patients registered in the 2007 fiscal year. The 2008
patients list included 840 Maui residents and 23 Molokai residents.

Although the law allows patients to acquire marijuana for medical use,
Bertram said that for many patients, the problem has been finding a
safe way to do that. Some people have gone through the four-month
process of growing plants, only to have them stolen just before
harvest, he said. Others have failed in cultivation efforts, he said.

As a registered medical marijuana caregiver for a patient, Bertram
said he knows the problems firsthand.

"It's a very, very hard thing to do to make medical-grade cannabis,"
he said. "You can't just throw a plant in the backyard. You're trying
to stay within the guidelines of the state, which is absurd."

POLICE SHUT DOWN PAIA ORGANIZATION

Bertram said problems with the law were illustrated in November with
the arrests on Maui of seven people, including Brian Murphy, founder
and director of Patients Without Time.

Before being shut down by the police raid that followed a two-year
investigation, the Paia-based organization billed itself as a medical
marijuana advocacy group and cooperative involving more than 300
medical marijuana patients on Maui.

In announcing the arrests as part of "Operation Weedkiller," police
said Patients Without Time and state medical marijuana laws were used
to disguise a drug-trafficking operation headed by the 53-year-old
Murphy. Police reported seizing contraband, including 335 marijuana
plants and clones, 2,300 grams of processed marijuana, 4,830 grams of
unprocessed marijuana, $14,085 cash and a vehicle.

"They were not following the medical marijuana law," Phillips said.
"It doesn't allow you to grow and sell marijuana for profit.

"We have never arrested anyone that has a medical marijuana permit and
has followed the law."

While the names of people who have certificates for medical use of
marijuana aren't public, law enforcement officials can call the state
Department of Public Safety to verify whether someone is registered as
a patient or caregiver in the state, said Keith Kamita, administrator
of the department's Narcotics Enforcement Division.

Murphy, a disabled veteran, maintains he was following the law. He
said he has a "blue card," or medical marijuana certificate, and
served as caregiver to a succession of patients, one at a time, to
provide them with marijuana for medical use.

He said he took a "totally transparent approach" in setting up
Patients Without Time. Those who obtained marijuana through the
organization paid $100 to join and were required to have medical
marijuana certificates, Murphy said.

Unlike "black market" marijuana that might be grown indoors using
hydroponics and chemicals, Murphy said, the marijuana grown for the
organization was organic.

He said he has learned which strains of marijuana are effective in
treating specific medical conditions. "I'm actually very knowledgeable
in the cultivation of cannabis," Murphy said.

"They were trying to do it within the guidelines you have already,"
Bertram said. "These people cannot get this medicine otherwise.

"It was sad. They were just trying to help. All these people have been
cut off. They have no idea where to go or what to do."

A 2nd Circuit Court trial for Murphy and his co-defendants has been
delayed until August.

BILL WOULD ALLOW GROWING FACILITIES

This legislative session, Murphy has had a bill introduced that would
allow secure growing facilities for medical marijuana. Each facility
could grow medical marijuana for up to 14 patients, with a limit of 98
marijuana plants.

The bill also requires a certified facilitator to buy marijuana
distribution tax stamps at a cost of up to 50 cents per gram of
marijuana. Money generated from the sales would pay for administration
of the medical marijuana program.

In tough economic times, Bertram estimated the proposal would generate
$1 million a year for the state. Bertram said he supports the bill, as
well as proposals that would increase the caregiver-patient ratio and
the amount of marijuana that patients are allowed to have.

State Rep. Joe Souki, whose district includes Wailuku, Kahakuloa and
Waikapu, said he hadn't reviewed the bill to allow marijuana-growing
facilities. "But generally I support medical marijuana," he said.

Souki noted that last session, the Legislature passed a bill to create
a medical marijuana task force to study whether the law allows for an
adequate supply of medical marijuana, whether marijuana-growing
facilities could be established on each island and whether interisland
transport of marijuana for patients would be possible.

The measure was vetoed by Gov. Linda Lingle.

"The bill is objectionable because it is an exercise aimed at finding
ways to circumvent federal law," Lingle said in her veto statement.
"The use of marijuana, even medical marijuana, is illegal under
federal law. It is, therefore, inappropriate for the state to
recommend ways to maintain or increase the supply of marijuana, to
make recommendations regarding the development of marijuana-growing
facilities, or to seek ways to circumvent federal prohibitions
regarding the transport of marijuana."

Maui County Prosecuting Attorney Benjamin Acob said his office would
likely oppose the proposal for growing facilities. "It's in direct
conflict with federal law," Acob said.

Phillips said he sees other flaws with the current law, which was
intended to allow medical use of marijuana for people who suffer from
terminal illness or severe medical conditions.

"I'd like to see them change the law so it's more legitimate, so the
people that really need it can get a permit and not just anybody," he
said. "I think anybody can get a permit at this point, and maybe
that's what they want. Then they shouldn't call it medical marijuana."

Of the 4,560 patients registered for medical marijuana use in the
state in December, 68 percent, or 3,102, received physicians'
certifications to use marijuana for the "debilitating medical
condition" of severe pain. That was followed by 1,167 certifications
for multiple conditions, 70 for persistent muscle spasms, 61 for HIV
or AIDS, 55 for cancer, 48 for severe nausea, 25 for seizures and 14
for wasting syndrome.

Another bill introduced this session is meant to clarify who can
obtain certifications to use medical marijuana. The bill defines
"debilitating medical condition" as cancer, glaucoma, HIV/AIDS,
treatment of those medical conditions that produce wasting syndrome,
severe pain, severe nausea, seizures, or severe and persistent muscle
spasms.

The bill also requires a physician who issues a written certification
for medical marijuana use to do a physical examination of the patient
and keep a copy of each certification for five years. Instead of a
misdemeanor crime, fraudulent misrepresentation to a law enforcement
official of facts or circumstances relating to medical marijuana use
certification would become a Class C felony carrying a penalty of up
to five years in prison.

Oahu Sen. David Ige, chairman of the Health Committee, said medical
marijuana bills are among a couple hundred bills under review after
being referred to his committee. Of all the bills, about 60 will be
scheduled for hearings, he said, adding that it had not been decided
last week whether the medical marijuana bills would be heard.

Ige said he initially voted against legalizing marijuana for medical
use, mainly because of the contradiction between state and federal
laws.

"The dilemma for me was how can we make it legal when there's no legal
way for you to get marijuana because the federal law prohibits it," he
said. "It didn't make sense to me.

"The law that exists today was kind of a compromise, trying to figure
out a way to do it."

NUMBER OF PATIENTS?GROWS

Changes are being proposed as more patients are registered to use
marijuana for medical purposes.

Except for a decrease in 2006, the number of registered patients has
increased each fiscal year since 2001, according to state statistics.
Of the 4,296 patients last year, most lived on the Big Island, which
had 2,640 patients, followed by Maui with 840, Kauai with 258, Molokai
with 23 and Niihau with one. No patients were registered on Lanai.

For Maui patients, 17 doctors on the island and 10 from another island
issued certifications.

"The actual numbers of patients have gone up tremendously," Bertram
said. "The evidence is in that this works. More and more people became
aware that it's there as an option, as a choice. People are becoming
more aware of alternative medicine and the lack of what prescription
drugs do."

Bertram said he also supports a bill that would decriminalize
possession of less than 1 ounce of marijuana, citing a study saying
that state and county law enforcement agencies spend $4.1 million a
year to enforce marijuana possession laws.

He said he believes law enforcement has opposed such measures because
of federal money that goes for marijuana eradication. "It's a big
moneymaker for the police, that's why they're really resistant to any
kind of change," Bertram said.

Phillips said police apply for and receive federal funding "because
marijuana is such a big problem here."

"We're not going after medical marijuana people with federal funding,"
he said. "We're going after people who grow marijuana and bring other
problems and crime to Hawaii.

"We have had murders, assaults, every other crime that goes along with
marijuana."