DUDE, FRONT ME A CLINIC

I've written about the medical marijuana issue several times, even
spoken before the city council on the issue of clinic location. This
week's news that Rebecca DeKeuster of Northeast Patient Group being
the target of a lawsuit by her former employer could not have come at
a worse time for the proposed Portland clinic.

As usual, timing is everything.

Looking over the initial application with the Maine Department of
Health and Human Services for the proposed clinic, you could be
initially wowed by the "sunshine and unicorns" factor. There are even
budget projections based on the clinics first partial year of
operations, dated July of LAST year to June of this year.

It's easy to see why the state chose them. The application looks good
on paper, everything above board and professional. But as we sit here
a year later with no clinic open in Cumberland County, the whole
"failure to launch" thing just has the nerves a bit frazzled.

Berkeley Patients Group, the initial California facility that helped
to start the NPG clinics in Maine, is not without a bit of egg on the
face here. Since the whole issue came up, they have been hit with a
$6.3 million fine, for taxes on pot sold in California. Suddenly, in
the middle of a budget crisis, California decided that medical MJ was
taxable.

You see, I know people that are waiting. Dying. They are still forced
to buy on the street, and risk jail terms, housing loss, and a slow
gradual downward spiral of health issues in the interim. One patient,
who has his card and is waiting for the clinic to open, had 19
cancerous polyps on his FIRST examination, three years ago.

But, we have to respect timing. Back during the previous presidential
campaign, Barack Obama promised that those using medical marijuana
would not be prosecuted. It was time to evolve. A memo was issued by
the U.S. Justice Department, the famed "Ogden Memo" from the Deputy
Attorney General, stating that "the Department is also committed to
making efficient and rational use of its limited investigative and
prosecutorial resources. In general, United States Attorneys are
vested with "plenary authority with regard to federal criminal
matters" within their districts. USAM 9-2.001. In exercising this
authority, United States Attorneys are "invested by statute and
delegation from the Attorney General with the broadest discretion in
the exercise of such authority."

That was October 2009. A few weeks ago, a "clarification" of that
previous position was issued, this being the start of an election
cycle, and the whole get tough on crime thing being popular. "The term
'caregiver' as used in the memorandum meant just that: individuals
providing care to individuals with cancer or other serious illnesses,
not commercial operations cultivating, selling or distributing marijuana."

So, if you're growing for somebody, you're now a Justice Department
target. Congratulations. Though DeKuester has not stated so, I'm
beginning to wonder if some of the foot dragging behind the clinic
opening had less to do with financial issues, and more to do with
potential criminal ones. No clinic will open, much less anyone want to
go to work there, unless they know they are legally protected.

For issues of timing, it appears to this prognosticator that the
opening of the clinic, whether it be by NPG or someone else, is at
least a year off. According to a story in this paper on July 2, city
officials said they were not aware of any applications from Northeast
Patients Group to open a dispensary in Portland. So since August of
last year, they have yet to fill out the city paperwork.

That, my friends, is serious foot-dragging. The measure was initially
passed by the voters in November of 2009. The state screwed around for
many months, writing rules and such.

Sadly, there doesn't seem to be any feeling of urgency in Augusta at
DHHS, along the lines of "Hey, Northeast? you have 90 days to get your
clinic open, or we are going to pull your license."

There isn't urgency, but there should be.

Even if the state re-opened the application process, it would be at
least 30 days from the first public notice to the application due
date. Then, a fair amount of the Augusta two-step would have to
happen, say another 90 days. Then, whoever got the new license would
have to have time to get all the ducks in a row.

So before long, you as a medical MJ patient are looking at another
year.

As this whole clinic debacle descends further into the next lower
level of hell, I'm reminded of why the law was passed in the first
place.

It was the patients who are dying. Get your clinic open, or surrender
your license. It's that simple.