1,039 REGISTER FOR ISLE POT USE

The Big Island Has The Most Patients Listed In A Program That Tracks Medical
Marijuana Use

Three years after Hawaii legalized the medical use of marijuana, more than
1,000 patients are registered to use and grow the plant.

The latest breakdown by the state shows the Big Island has 513 patients;
Kauai, 259; Oahu, 139; Maui, 121; Lanai, one; Molokai, three; and Niihau,
three, for a total of 1,039.

Nineteen physicians on the Big Island have recommended marijuana, 13 on
Kauai, 15 on Maui, 32 on Oahu, and none on Lanai, Molokai or Niihau.

Pamela Lichty, president of the Drug Policy Forum of Hawaii, said the number
of people approved to use medical marijuana "is really quite extraordinary
considering how little you hear about it."

"I think that's the good news," Lichty said. "If there were problems, we
would hear about it."

But the program could be improved, say supporters, who advocate moving the
program to the state Health Department from the state Public Safety
Department's Narcotics Enforcement Division.

The law also could face a test if the U.S. Supreme Court decides to hear a
case involving a similar California law. The court is expected to announce
its decision tomorrow.

In Hawaii, the only major problem to hit the news occurred when Big Island
police seized marijuana plants and some processed marijuana from North Kona
and Hilo homes in July 2002.

Kona police returned some of the marijuana after consulting with the
Narcotics Enforcement Division. All the patients were registered to use it
for medical purposes.

"I think the local police got the message," Lichty said. "Police on the
other islands haven't interfered.

"I would hope police and law enforcement types would realize we have bigger
fish to fry (with the methamphetamine epidemic) and marijuana is not that
big an issue and medical marijuana in particular."

Narcotics Enforcement Chief Keith Kamita says his staff is doing a good job
running the program without additional manpower or money.

"We do this on a shoestring budget," Kamita said.

But he said there are some procedural problems he'd like to see fixed in the
next Legislature. Supporters also will seek to move the program to the
Department of Health, arguing it's a health program and shouldn't be
administered by law enforcement.

Doctors can't prescribe marijuana, but can certify a patient has a
qualifying medical condition. The Narcotics Enforcement Division issues
registration cards based on the doctor's certificate.

Patients and physicians following the law are protected from state arrest
and prosecution and no physicians have gotten into trouble because of the
program, Lichty said.

But it's difficult for patients to find physicians willing to recommend
marijuana because doctors are ill-informed and worried about busts in
California, she said.

Federal laws prohibit any distribution of marijuana, and the federal
government has threatened physicians who recommend medical marijuana under
state laws.

However, the 9th Circuit Court of Appeals, which covers Hawaii, last year
upheld the right of doctors to recommend or approve marijuana for medical
treatment. The U.S. Supreme Court has been asked to review that decision.

One of the problems with the program in Hawaii, Kamita said, is that his
staff doesn't have inspection powers. Instead, police call the division
whenever they suspect someone of growing marijuana to see if the person is
on the registry.

"We've had many cases where they claim to be on and they aren't, or they are
on and have excessive numbers of plants," Kamita said. "They're still
arrestable."

Kamita cites cases in which plants are ripped up or children go into a
patient's stash and use the drug.

"And it's not like any other medication where there are precautions on
bottles," he said.

Another problem, Kamita said, is "some physicians have way too many patients
to be adequately treating them."

He said an amendment to the law will be proposed to require that doctors
physically examine and keep records of patients, a practice that Kamita said
doctors should already be doing.

"For any other controlled substance, they're required to mandatorily keep
records," Kamita said.

Tom Mountain of Oahu, registered to use marijuana for pain and muscle spasms
from a spinal cord injury, favors shifting the program to the Department of
Health.

"I even have DOH people calling me to get marijuana for some of their sick
patients," Mountain said.

But, he said, "My position has been that we can live with the law the way it
is. It is such a blessing to have the law, I don't want to take a chance of
having it taken away or getting screwed up."

Mountain runs the Honolulu Medical Marijuana Patients' Co-op, which helps
patients grow their own marijuana.

Most Honolulu patients are sick or disabled and live in small apartments,
and it's not possible for them to grow their own marijuana, he said.

The co-op is patterned after those on the mainland and has been operating
successfully, Mountain said. No buying or selling is involved, he said.

"We've been sort of low-key about what we're doing, but we do want people to
know I'm in the phone book, and we can help them get their marijuana
legally," he said. "We don't want them on the street when they can grow it
themselves."

Lichty said: "Most patients are clueless about how to go about this. I think
it's difficult for them to obtain it or even get seeds to begin to grow it."

Patients feel the law should be loosened because it doesn't allow enough
marijuana to deal with most peoples' ailments, she said. They are limited to
three mature plants, four immature plants and one ounce of usable marijuana
per each mature plant at any one time.

"People growing it are amateur farmers," Lichty said. "They can't be assured
of a steady source. What we're hearing uniformly is amounts should be larger
so people have a consistent supply."