LYNDEN RESIDENT GROWS MARIJUANA - LEGALLY

LYNDEN - On May 9, officers from the Lynden Police Department visited
a house in town and discovered a number of marijuana plants growing
under lights in the basement.

The residents of the house did not attempt to hide the plants and the
police issued no citations.

No one was arrested - it was all legal.

In 1998, 59 percent of Washington voters approved Initiative 692,
which allowed marijuana to be grown and used for certain medical conditions.

For law enforcement agencies, encountering medical marijuana now
requires them to step lightly.

"We work very closely with the prosecutor's office," said Lynden
Deputy Chief John Billester. "We don't want to cross a line and step
on someone's rights."

Even though originally the law outlined only a legal defense for
medical growers and users to use in court, law officers aren't likely
to make an arrest if they suspect the case will get thrown out of court.

Billester said it can make for an uncomfortable situation when people
ask officers why they are taking away someone's medication.

Working closely with the prosecutor's office is the preferred course
for most law enforcement agencies in Whatcom County, in order to make
sure any case brought forward is clear-cut.

Sumas Police Chief Chris Haugen said his department recently assisted
federal customs agents who encountered someone with medical marijuana.

The Sumas Police validated the certificate in that case, but
forwarded the information to the prosecutor's office for
confirmation, Haugen said.

Everson Police Chief Erik Ramstead said his officers, whose work also
covers Nooksack, haven't dealt with medical grow operations in the
Nooksack Valley cities, but they would be careful to examine
documentation closely.

"It's not an issue we run into a lot," Ramstead said.

That doesn't mean he would be surprised to see cases in the future,
Ramstead said, since trends indicate to him that the state
legislature will only become more receptive to medical marijuana use.

The four main residents of the Lynden house, contacted in May, will
not be named in this article because of their concern over what
publicity might bring, such as extra attention from "criminal elements."

Jack (not his real name), the 40-year-old primary resident, said he
is a grower for a cancer patient who also suffered several car
accidents, causing him chronic pain as a result.

The marijuana Jack grows is meant mainly to help his patient cope
with the nausea associated with chemotherapy, he said.

Jack said he sees himself as part of an expanding movement of
patients, providers and doctors in Whatcom County, and the state in
general, who struggle to pave the way for people who could benefit
from the unorthodox treatment.

Although he admits he used the drug recreationally in the past, he
now insists his usage is limited to his own medical condition. His
diagnosis is for chronic pain associated with several car and work accidents.

However, police keep a close eye on the house, Jack said, and
officers often pull over visitors after they have left to check for
illegal possession.

Most of Jack's visitors are people who are interested in the
information he provides to help patients obtain legal status - a task
Jack, who is on disability, considers a personal mission.

"There are incredible things it can do," he said, noting that he has
personally seen patients suffering from Tourette syndrome, AIDS and
chronic pain find relief with the drug.

Jack's documentation is provided through the Washington THCF (The
Hemp and Cannabis Foundation) Medical Clinic in Bellevue, where
annual clinic fees are $200 at the door and $150 in advance.

One of the other residents at the house is a medical marijuana user,
with two others working toward their own documentation, a process
Jack explains using a stack of several dozen papers containing
everything from information on the law to instructions on preparing
medical marijuana.

Even though it is not a qualifying condition, Jack said the marijuana
has helped him in his struggle with Attention-Deficit Hyperactivity
Disorder, which he faults for his difficulty controlling his temper.

"It's like I'm trying to think 20 thoughts at a time," Jack said of
the ADHD. "You don't want me working on your car."

The list of qualifying illnesses includes cancer, HIV or AIDS,
epilepsy, glaucoma, intractable pain, and multiple sclerosis.

Over the years, some of the haze regarding the state's rules has been
lifted by lawmakers, and some specifics have been laid out in the
Washington Administrative Code and Revised Code of Washington.

For example, a 60-day supply was originally listed as the limit of
what could legally be grown or possessed for medical purposes.

Now, this has been clarified in the WAC as "no more than 24 ounces of
usable marijuana, and no more than 15 plants," between the
"designated provider" and a patient.

Jack said the state law, as of November, allows him to be a provider
for two others as well as a patient himself, but that he doesn't even
approach the plant limit because of space issues. If he grows too
much, he wouldn't be able to keep it out of sight as the law requires.

The early difficulty of defining a 60-day supply has hurt the Lynden
Police Department in the past.

Billester said a case several years ago involved someone who had a
certificate from a physician, but had abused it by growing more than
he was allowed.

"I finally just called the doctor on the certificate to get the
proper amount," Billester said.

The police then confiscated all but that amount and cited the man for
possession of 40 grams or less of marijuana.

"In that case, (the law) was abused," Billester said, adding that he
believes the abuse is widespread.

"You have documents that are copies of documents and no way to verify
them," he said. "It's difficult for law enforcement, doctors and
patients alike."

That's made harder by the technical difficulties of avoiding
violation of the federal laws that still apply to marijuana.

According to the Washington State Medical Association, doctors still
cannot "prescribe" marijuana. They can merely be "advising a
qualifying patient about the risks and benefits of the medical use of
marijuana and providing a qualifying patient with documentation that
the medical use of marijuana might be beneficial."

In addition, marijuana still can't be bought or sold, with most
clinics that provide marijuana operating as non-profits, taking
donations in order to keep the clinic open, Jack said.

Whatcom County Prosecuting Attorney David McEachran said the county
will only press charges when violations of the state law are obvious.

Avoiding prosecution is high on Jack's list of priorities, even
though he believes marijuana should be legal and he is a regular
attendee of the Seattle Hempfest, an annual gathering of marijuana activists.

Jack said he has become a Christian in recent years and has learned
to see marijuana simply as another gift from God. As proof, he quotes
Genesis 1:29: "And God said, "See, I have given you every herb that
yields seed which is on the face of all the earth, and every tree
whose fruit yields seed; to you it shall be for food." (NKJV)