MEDICAL MARIJUANA IN WA: PUSHING THE LEGAL LIMITS

Part 1 of Series

En route to a patient's house, "Bob" whips out a sack of candy that
smells like pot.

The plastic bag contains chocolates wrapped in fluorescent foil,
along with a tiny clear cup of caramel - all infused with the active
ingredients of marijuana.

As a medical marijuana patient, Bob treats pain caused by a past head
injury and hepatitis C, among other ailments. He also suffers from
grand mal seizures. "I'm in a lot of pain," he said.

The caramel, with a shiny purple star on the lid, provides multiple
doses of medicine. So does an oatmeal cookie about the size of a hand
- - "that's 10 good doses for me right there," said Bob, who asked that
a pseudonym be used for this report.

The Federal Way resident embraced medical marijuana about six years
ago and entered another side of the cannabis culture. Patients refer
to themselves as patients. Slang terms and stoner jokes are
noticeably absent. Medication is a personal matter for patients, but
also a mission. Most patients join an informal collective community
of sorts, where sick people seek relief from one another through marijuana.

Doctors can't prescribe medical marijuana, but they can recommend it.
Patients need a qualifying condition, which includes AIDS, hepatitis
C, Crohn's disease, cancer or fibromyalgia, among others. With a
recommendation, patients gain access to a cooperative network of
inconspicuous clinics that supply marijuana. Patients must provide
medical records before learning a clinic's location. Patients can
choose caregivers who are also allowed to retrieve medicine.

"If someone invented marijuana, they'd get a Nobel Prize because it's
a miracle drug, although most people don't understand that," Bob
said. "I have seen that stuff help wounds...there's some creams I put
on sores, and my sores healed up so fast it was unbelievable."

In 1998, Washington state voters approved a law that removed criminal
penalties and established a defense for qualified patients who
possess or cultivate cannabis for medicinal use.

In 2008, the "60-day" supply for patients was defined as 24 ounces
and 15 plants; both numbers have attracted intense debate from
medical marijuana advocates. The law allows patients to exceed these
limits if the patient can prove medical need, according to the
Washington State Department of Health.

Technically, the cannabis clinics are illegal. Federal law classifies
marijuana as a Schedule 1 drug, in the same league as heroin.
Washington's medical marijuana laws help patients with a legal
defense in local or state courts. Federal laws ultimately trump state
laws, however, and do not recognize the medical use of marijuana.
Anyone found in violation could still be prosecuted under federal laws.

Tight-Lipped Patients

Despite legal protections, most patients keep a low profile under
fear of being arrested by law enforcement or robbed by thieves.

Over the years, Bob has been involved with medical marijuana clinics
in the area. One clinic is housed in a non-descript office complex,
tucked inside an eclectic Seattle neighborhood.

A friend of his runs the clinic, which is registered to a medical
marijuana advocacy group. The friend handles the finances, but the
lease is in Bob's name. Inside the tiny room, there's a desk and
several couches. Hand-written posters alert patients to the clinic's
hours and rules. A slate-colored safe that's out of sight contains
several boxes of baggies, each filled with about an ounce of
marijuana buds. The fragrant baggies bear a tag with the clinic's
name and logo. Patients are not allowed to medicate on the premises.

In West Seattle, one of Bob's fellow patients and clinic supporters
was the target of a home-invasion robbery in mid-May. The patient
lost plants and cash to the thieves, but still had a few young plants
growing under lights in the basement. The sweet smell of marijuana
permeates this non-descript middle-class home. Two water pipes - also
known as bongs - sit in the front room, along with a tray of crumbled
cannabis, a mini-baggie of Chicklets-style green gum, and a couple of
prescription bottles containing marijuana. The patient suffers from
hepatitis C and arthritis, and grows six months of medicine at a time
for personal use while supplying other patients. The patient claims
to not profit from the marijuana, instead relying on Social Security
to pay the bills.

After the home-invasion robbery, Seattle police treated the patient
with dignity and respect - and did not confiscate any medicine, the
patient said.

Law Enforcement

The biggest roadblock for medical marijuana, legally speaking, is the
federal government's classification of cannabis as a Schedule 1 substance.

"A national policy would be helpful," said Don Pierce, executive
director, Washington Association of Sheriffs and Police Chiefs.
Pierce said a major problem in Washington state is the conflict with
federal law when it comes to enforcement. Different rules apply to
drug task force cases that involve federal agents.

In 2008, the Washington State Department of Health issued guidelines
on the definition of a 60-day supply. These guidelines have made
enforcement easier, Pierce said. However, some residents hide behind
a medical marijuana defense in cases that appear to involve
manufacturing for sale or other "nefarious purposes," Pierce said.

Pierce started his law enforcement career in 1970, eventually serving
as police chief in Normandy Park, Tukwila, Bellingham and Boise,
Idaho. He worked in Washington state when the medical marijuana
initiative passed in 1998, along with an amendment to the law in 2007.

"We in law enforcement thought (the medical marijuana law) was going
to be a way bigger problem than it turned out to be," Pierce said,
adding that the main problem was implementation of the law. "We don't
spend very much time in our meetings talking about medical
marijuana," Pierce said.

In fact, Seattle and King County are considered the state's havens
for medical marijuana rights. King County Prosecuting Attorney Dan
Satterberg is viewed by some local patients as a prominent public
official on their side.

As the state's largest urban area, King County has more experience
with medical marijuana compared to other counties. That experience
has an influence on the internal standards and procedures of law
enforcement, Satterberg said.

"It's our job to enforce the law," he said, noting that the current
medical marijuana laws are not well written. The idea is to approach
the spirit of the law and allow people who are truly sick to find
relief, Satterberg said. He referenced a May 26 incident in Seattle,
in which a medical marijuana patient was robbed by fake drug
enforcement agents, then had several cannabis plants confiscated by
police. Satterberg called this particular incident a success because
no one got hurt, and the patient was able to keep 15 plants as
allowed by law, he said.

"I don't want to prosecute any sick people," Satterberg said.

Others call the May 26 incident a violation. Mark Spohn, the Seattle
patient who was robbed, said in news reports that he was cultivating
more than the 15-plant limit in order to help supply fellow patients.

King County may serve as a model for Washington state in terms of
medical marijuana tolerance, but still has a long way to go, said
Seattle-based attorney Douglas Hiatt. Specifically, Hiatt called the
guidelines for a 60-day supply "a step backward." Patients often
struggle to fill the gap between one harvest and the time it takes a
new batch of plants to reach maturity, he said.

"What the Department of Health has done is unconscionable," said
Hiatt, who represents patients across the state, usually at no cost.
"You couldn't get a 60-day supply out of 15 plants unless you're a
master gardener."

Coming Up

The next installment of this series will examine the efforts of
medical marijuana supporters in Washington state, including Douglas
Hiatt, a Seattle-based attorney who donates his services to defend
patients; Steve Sarich, an outspoken advocate who runs a support
network in King County; Ken Martin, who suffers from a brain tumor;
and two Federal Way area patients who grow their medicine.