R.I. MEDICAL MARIJUANA PROGRAM HAS LITTLE OVERSIGHT

PROVIDENCE -- Firefighters raced to a vinyl-sided ranch house in the
city's North End in July and forced their way inside to battle a
late-morning fire. They quickly extinguished the flames and
discovered that the source of the blaze was an elaborate marijuana
cultivating operation in the basement.

The Fire Department called the Police Department. Officers assigned
to the Narcotics Bureau responded to the house off Charles Street and
learned that Kurtis Thomas was licensed to grow the marijuana through
the state's Medical Marijuana Program.

Under the program, a marijuana grower, also known as a caregiver, is
licensed to grow up to 12 plants for each state-approved patient who
needs to smoke the drug to cope with severe pain. The police said
that Thomas had 24 plants in his basement for two patients.

But investigators suspected that Thomas was more than just a
caregiver. They noticed other paraphernalia -- a ledger, scales, and
various amounts of cash that are consistent with drug dealing. The
police obtained a search warrant and seized a loaded handgun, a safe,
two bags of what they believe to be cocaine and three bottles of
steroids. The drugs are being tested at the state toxicology lab.

"Once we got the warrant and started poking around we felt that drugs
were being sold without a doubt," said Lt. Michael E. Correia, who
heads the Providence police narcotics and organized crime bureau. "It
seems that this [Medical Marijuana Program] is ripe for abuse."

Thomas, who was in California at the time of the police search, has
yet to face any criminal charges.

The state Department of Health launched its Medical Marijuana Program
in April 2006 and Rhode Island became one of 11 states to permit the
medical use and cultivation of marijuana. The other states are
Alaska, California, Colorado, Hawaii, Maine, Montana, Nevada, Oregon,
Vermont and Washington.

As of Dec. 30, 2008, 561 qualified patients in Rhode Island were
registered with the program and an additional 458 caregivers are
registered to grow marijuana for medicinal purposes. According to
state records, 335 of the active caregivers have one patient, 45
others have two patients and four have three patients.

There are two other caregivers -- one with four patients and another
with five patients.

The Health Department will not disclose how many licensed patients
are permitted to grow their own marijuana.

So far, only one person -- Steve Trimarco, of Exeter -- has had his
license revoked. Trimarco, who suffers from depression and
hypertension among other maladies, was licensed to grow up to 12
marijuana plants for his own personal use.

Trimarco was arrested in October 2006 and accused of luring teenage
girls into his trailer to smoke pot. The police seized 71 marijuana
plants, four guns and a homemade silencer. He later pleaded guilty to
two misdemeanor counts of marijuana possession.

Law-enforcement officials are uniformly opposed to the program that
allows an illegal drug to be legally grown and distributed to
licensed patients. They also are troubled by the lack of oversight of
the program and their inability to get the names of the caregivers
and patients.

State police Lt. Col. Steven G. O'Donnell said there is nothing
prohibiting caregivers from lacing their marijuana with phencyclidine
(PCP) or other powerful drugs.

"It's very unregulated," he said. "It makes no sense to us. We
regulate hamburger and food, but we do not regulate medical
marijuana. There are no checks and balances."

O'Donnell said he is trying to arrange a meeting with Health
Department officials to air police concerns.

Under the program, anyone 21 or older, who does not have a felony
drug conviction, can get a license to become a primary caregiver.
They also must have a patient who needs medical marijuana and they
can not have more than five qualifying patients.

A license, which costs $75, must be renewed every two years.

A qualifying patient must get written certification from a physician
stating the potential benefits of marijuana for their ailments.

Annemarie Beardsworth, Health Department spokeswoman, said that
confidentiality laws prohibit the department from releasing the names
and address of the patients or caregivers to the public or
law-enforcement agencies. She also acknowledged that the department
does not inspect the homes of caregivers to see how much or what type
of marijuana they are growing. She said the Health Department does
not check to see whether the growers are following codes when
installing lighting systems and ventilation.

Firefighters suspect that Thomas' lighting system caused July's fire
in his basement.

"We like to think that people who are part of the program do have
common sense," Beardsworth said.

She said a caregiver can have up to five patients, but is not allowed
to grow more than 24 marijuana plants. She said the Health Department
plays no role in how much, if anything, the caregiver sets for a price.

Michael J. Healey, spokesman for Attorney General Patrick C. Lynch,
said that Lynch supported the legislation to legalize medical
marijuana. Nonetheless, he said that his office is closely watching
people who may try to take advantage of the program.

"There's no question that everybody's fear, especially law
enforcement, is, 'What about the people who try to get over?'"

Lieutenant Correia and Providence police Maj. Thomas F. Oates III
said there are other problems associated with the Medical Marijuana
Program. They said that criminals could break into a caregiver's
house and steal the marijuana plants.

Correia said that one plant can produce a half-pound to a pound of
marijuana. He said high-grade marijuana, usually grown indoors, sells
for up to $4,000 a pound, therefore 12 plants could produce a crop
worth $48,000 in about two months.

Correia said he wonders how much the patient needs and what the
caregiver does with the extra product.

The police are concerned that many of the caregivers might be abusing
their privilege to grow marijuana for their patients.

"We believe it is happening," Oates said. "In the limited involvement
that we have had, a good portion of them have other things going on
the side. I think the program should be reviewed more closely with
more input from law enforcement."