'GOD'S GIFT' OR FEDERAL OFFENSE?

MONTROSE - Marijuana is an illegal drug, by federal definition. But
medical marijuana, says patient and caregiver William Hewitt of
Montrose, is "God's gift."

Hewitt, who suffers from muscular dystrophy, credits THC, the active
ingredient in marijuana, with alleviating his chronic pain and
enabling him to help others - which is exactly what he now intends to
do.

Hewitt plans to act as designated "caregiver" to medical marijuana
patients, providing their pot for them. He recently set up shop at
his residence on South Fifth Street, where a neon "open" sign hangs
above a poster declaring his support for Amendment 20.

Hewitt is one of close to 5,000 people who obtained medical marijuana
cards after voters passed Amendment 20, which legalized medical
marijuana in Colorado. The amendment allows licensed medical marijuana
users to obtain a set amount of pot for medical use, under certain
situations. Users can also designate caregivers like Hewitt (see info
at bottom of this article).

It can be difficult to obtain the drug. Hewitt found that out the hard
way. He said a caregiver cheated him of $300 and when he reported the
theft, the police laughed.

"They said, 'What do you expect? If you're dealing with drugs, you're
dealing with an illegal field.' I said that's wrong," Hewitt said.
"Sick people shouldn't have to be dealing with drug dealers. I put my
heart and my soul into it, and to helping sick people."

Hewitt displayed two bags of marijuana. One, called "schwag" had a THC
content of 7, he said, while the other, medical-grade pot, had a THC
content of 20 to 25.

In the basement of his home, Hewitt showed off his "white rhino" plant
and hydroponic growing system, which runs on recycled water. "It takes
a lot to keep this growing," he said.

Hewitt says he abhors illegal drugs and drug abuse of any kind,
including alcohol.

He said his goal for medical marijuana was to "put more legalness into
it" and to help de-stigmatize legitimate medical marijuana users while
decreasing the risks associated with getting pot from a dealer.

"I want to bring the dignity back," he said.

Steve Moore of Grand Junction has similar hopes. Moore is seeking to
open a medical marijuana dispensary/cooperative for pre-approved,
licensed patients on the West Slope.

"A lot of people are terminally ill. They either don't know how to
grow marijuana or they are not physically able to, or they have kids
in the house and don't want that exposure," he said.

According to the Colorado Department of Public Health and
Environment's medical marijuana registry, there are 61 medical
marijuana patients in Montrose County; 25 in Gunnison County, three in
Hinsdale County, eight in Ouray County, six in San Miguel County, 52
in Delta County and 132 in Mesa County.

"That means a lot of people are having to get their medication
illegally. I want to take the crime part out of being a medical
patient," Hewitt said. He said he hopes the Obama administration will
take steps to get the government out of sick people's homes.

That might not be easy to do. A 2005 Supreme Court decision held that
marijuana is still an illegal substance under federal regulations and
that federal agencies may enforce federal drug laws accordingly —
regardless what is legal on the state level.

"He's violating federal law," Mike Turner, an agent with the Drug
Enforcement Administration's Denver office said. "Under federal law,
there's no such thing as medical marijuana."

He conceded the DEA is unlikely to target Hewitt, though Hewitt is
risking both a criminal case and civil seizure of his property.

"Technically speaking, are we going to come down and arrest him? I
don't know that. It just depends. Would he be in jeopardy?
Absolutely," Turner said.

"We don't have the resources to go out and arrest everybody who's
smoking marijuana. It's a mistaken belief that we're chasing people
down and that there are thousands in prison today for small amounts of
marijuana. That is not the case."

Colorado law enforcement, meanwhile, cannot detain or have medical
marijuana patients and caregivers prosecuted.

"We don't enforce federal law," Montrose Police Chief Tom Chinn
said.

"This was voted into the constitution of the state of Colorado, by the
people of the state of Colorado, and it will take the people of
Colorado to take it out."

There are, however, peripheral issues that put cops in a tough spot.
Often, Chinn said, the police do not know whether marijuana is medical
marijuana.

"When law enforcement seizes that stuff, it creates even more of an
issue. Somewhere along the line, some of that stuff is going to have
to be taken care of by the state of Colorado," he said.

Turner said the feds are concerned medical marijuana dispensaries will
lead to more crime, as is reportedly the case in California, another
state with medical marijuana laws on the books.

"It's basically now becoming a money-making enterprise, versus helping
people out," he said. In theory, people could make incredible profits
under the color of Colorado law, Turner added.

But Hewitt was adamant he was only interested in helping people safely
obtain legal quantities of legally sanctioned medical marijuana. He
said he doesn't plan on making vast amounts of money and that he will
offer it more cheaply than the street price.

Moore said that is also the goal of his hoped-for cooperative, slated
to open next month. "We're not a drug house operation. We're bringing
in quality meds," he said. "We're trying to do something that is
legit. We don't want to cause waves, but we want to provide a service
to those who need it. We're not trying to 'beat The Man' with this.

"It's kind of scary, because it's illegal federally, but I truly
believe medical marijuana is a way to treat ailments."

Turner said the DEA questions the effectiveness of marijuana, versus
synthetic THC, such as Marinol, which has undergone the appropriate
federal trials for approval. He said caregivers cannot control the
quality or quantity of THC produced in their weed — and there is no
guarantee of what else might be in the marijuana.

"The DEA's position is not based on a lack of compassion for the ill,"
Turner said, but on the fact that marijuana has not been tested and
regulated to federal standards.

"The public has basically decided what is now medicine," Turner said.
"Under federal law, that is not medicine."

Hewitt would beg to differ. He said no other medication could touch
the crippling pain caused by his muscular dystrophy.

"I don't know it's for everybody, but I do know it's for me," he
said.

"I know that I'm stepping out on a limb right now, but I believe in my
country. ... I believe if there's a medical need, you shouldn't be
punished.

"... It's a weed. It's God-grown."

Hewitt invites other legal medical marijuana users who are
appropriately licensed under state law to contact him at 901-0778 for
"THC with TLC."

Medical marijuana in Colorado:

Amendment 20 passed in 2000.

It allows marijuana to be used for such conditions as cancer,
glaucoma, HIV/AIDS, seizures, severe pain, severe nausea, cachexia and
persistent muscle spasms.

Patients have to provide documentation from a physician with whom
there is a legitimate patient-doctor relationship. The doctor must
certify the patient has a qualifying debilitating condition that could
be alleviated by medical use of marijuana.

Patients then must apply to the state and pay all applicable licensing
fees to be considered for the medical marijuana registry, which was
implemented in 2001.

Patients can identify a caregiver. The physician is not normally the
"caregiver" under such circumstances, said State Registrar of Vital
Statistics Ron Hyman, but an individual who can provide "significant
assistance."

To be registered as a caregiver, like William Hewitt, identification
and documentation must be supplied to the state.

"The advantage to registering is, should a caregiver be stopped by law
enforcement, they could do a verification with the registry," Hyman
said.

Other states that legalize, or in some fashion decriminalize, medical
marijuana use are: Washington, Montana, Oregon, California, Nevada,
Arizona, Alaska, Hawaii, Maryland, Vermont and Maine.