Both Sides Speak Out on I-148: Initiative Would Legalize Medical
Marijuana

When Paul Befumo's father underwent chemotherapy for lung cancer, he was so
sick he couldn't eat. While his father struggled to stay comfortable in the
last months of his life, Befumo and the rest of the family couldn't help
him, he said. There wasn't anything that helped the nausea.

Since his father's death two years ago, Befumo has championed the use of
medical marijuana in Montana and is the primary writer of Initiative 148,
which would legalize the growing and possession of marijuana for medical
use in Montana.

"I hated seeing what my dad went through - not being able to control the
nausea," Befumo said. "When there is something out there that works as well
as medical marijuana, our doctor should have been able to offer it as an
option."

If the initiative passes, Montana would become one of 10 states with
medical marijuana laws.

The initiative allows patients with certain ailments to use the drug under
the supervision of their doctor. If the initiative becomes law, only
medical doctors would be allowed to certify that a patient should be
registered by the Department of Public Health and Human Services, which
would issue an identification card allowing the patient or their caregiver
to grow and posses up to six marijuana plants or one ounce of marijuana.

Opponents argue that possession of marijuana is still illegal under federal
law and is classified as a Level 1 control drug, and that's why physicians
shouldn't prescribe the drug. While several court decisions have found in
favor of the states that have medical marijuana, including Vermont, Alaska,
California, Nevada, Oregon, Washington, Colorado, Maine and Hawaii, those
cases are on appeal to the U.S. Supreme Court with a decision expected in
the next term.

Opponents say allowing the use of marijuana in some cases and not in others
would be hard to enforce and make a mess of the courts. And legalizing it,
even for Montana's sickest people, sends a bad message to youth, according
to Ravalli County Sheriff Chris Hoffman.

"I see the measure as creating problems for society, even for medical use,"
he said.

The Montana Medical Association and other statewide organizations oppose
the initiative.

Brian Zins, executive vice president and CEO of the Montana Medical
Association, said the measure is unnecessary as there is already a Federal
Drug Administration-approved drug on the market with the same active
ingredient contained in marijuana.

"People that need that type of assistance can obtain it through existing
drugs," he said.

Befumo said Tuesday putting people with painful illnesses in jail for using
a drug recommended by their doctor sends a worse message.

"There is no justification for sending innocent people to jail," he said
referring to a Montana man who spent 18 months in the state prison for
smoking marijuana to combat the pain of multiple sclerosis. "I'm 100
percent confident that if people understand all of the facts, they'd
support the measure."

In a poll conducted last month by Mason-Dixon Polling and Research, Inc.
for Lee Newspapers of Montana, about 58 percent of voters support the
initiative. The poll has a margin of error of plus or minus 4 percentage
points.

Befumo said many nurses and caregivers in Montana support the initiative,
which narrowly defines exactly what illnesses can be treated with marijuana.

"There are no loop holes in the interpretation of the statute," he said.

All of the 4,000-5,000 people in Montana diagnosed each year with cancer
could be candidates for medical marijuana, which is reported to suppress
nausea and vomiting, reduce muscle spasms in people with multiple sclerosis
and relieve the intra-ocular pressure of glaucoma.