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Massachusetts - Discrepancies between Sandwich police and a Samoset Road resident over a traffic stop puts the focus on ambiguities in the state's medical marijuana law. Paul McHugh Jr., 41, was on his way to work at the Hess gas station and store on Cotuit Road at 3:15 a.m. Tuesday when he was pulled over on Quaker Meetinghouse Road for allegedly speeding and failing to yield for an ambulance.
During the stop, officers smelled marijuana in the Volkswagen Rabbit and asked McHugh about it, according to Police Chief Peter Wack. McHugh then told officers he was certified to use medical marijuana and showed them a photocopy of a one-page sheet from CannaMed, a clinic in Framingham, authorizing him to carry and grow up to a 60-day supply. On the back was a message to police that they have "no power to refuse to enforce the medical marijuana statute."
McHugh's medical condition was redacted from the certificate. His and the officers' stories differ about what happened during the traffic stop. McHugh said he told officers he had about 14 grams of marijuana in the trunk and possibly some in the glove box. He said he let them search the car. "I had nothing to hide," he said Wednesday. Wack said that McHugh admitted to the marijuana in the glove compartment, but officers found more pot and paraphernalia during the search of the car.
Officers asked McHugh why his medical condition was redacted on the form, Wack said. McHugh told them the marijuana was for back pain – an answer they questioned. Under federal health privacy laws, McHugh said, he is under no obligation to tell police or anyone else why he needs the medical marijuana. On Wednesday, he acknowledged it's not for back pain, but declined to name the diagnosis.
"It's very personal," he said. The officers issued citations for a total of $250 for driving 45 mph in a 30-mph zone and for failing to yield to the ambulance, Wack said. They also issued a $100 ticket for possession of marijuana, and confiscated the drug and paraphernalia as evidence. McHugh can appeal to the town clerk. There is no allegation that McHugh was under the influence of drugs at the time of the stop.
The medical marijuana law was approved by ballot initiative in 2012 and went into effect Jan. 1. Nearly a year later, the Massachusetts Department of Public Health is still working out the kinks, including a way to issue a state ID card that will certify an individual is legally authorized to possess marijuana. Under frequently asked questions on the state's website, the DPH says the card system hinges on technology to "receive and process registrations" that is not yet in place.
Anne Roach, a spokeswoman for DPH, said medical marijuana registration cards will be issued "sometime next year," but could not pinpoint a date. Right now, there is no state guideline for what should be included on a certification form, she said. Police departments are waiting for clear direction from DPH and a registration card would be a big step, Wack said. Meanwhile, officers have to make decisions in the field, particularly in the early morning hours, and in this case the officers did the best they could under the circumstances, he said.
"(McHugh's) document had been altered and came into question," Wack said. McHugh said he was mistreated by officers who forced him to stand outside in frigid temperatures for nearly 45 minutes while they searched his car and conducted an investigation. He was 22 minutes late opening the Hess store for the day, he said.
Dr. Harold Altvater, an anesthesiologist now with Delta9 Medical Consulting in Methuen, said physicians have been advised they could lose federal funding for prescribing marijuana. That forces patients seeking medical marijuana to turn to places like his firm or CannaMed, or to what he describes as "clearinghouses" – larger organizations that link patients to doctors. Despite being authorized to grow his own, McHugh said he travels to Lawrence to get his marijuana from what the DPH categorizes as a "personal caregiver" because no dispensaries have been licensed yet.
Along with the potential fines, McHugh said he is out the $200 value of the seized marijuana. The bowl, grinder, scale and mason jars police took as evidence are worth another $200, he said. McHugh said he is consulting with an attorney and is planning to file a formal complaint against the officers. "This should have never happened," he said.
News Moderator - The General @ 420 MAGAZINE ®
Source: Capecodonline.com
Author: George Brennan
Contact: Contact Us
Website: Sandwich man caught in middle of new medical marijuana law | CapeCodOnline.com
During the stop, officers smelled marijuana in the Volkswagen Rabbit and asked McHugh about it, according to Police Chief Peter Wack. McHugh then told officers he was certified to use medical marijuana and showed them a photocopy of a one-page sheet from CannaMed, a clinic in Framingham, authorizing him to carry and grow up to a 60-day supply. On the back was a message to police that they have "no power to refuse to enforce the medical marijuana statute."
McHugh's medical condition was redacted from the certificate. His and the officers' stories differ about what happened during the traffic stop. McHugh said he told officers he had about 14 grams of marijuana in the trunk and possibly some in the glove box. He said he let them search the car. "I had nothing to hide," he said Wednesday. Wack said that McHugh admitted to the marijuana in the glove compartment, but officers found more pot and paraphernalia during the search of the car.
Officers asked McHugh why his medical condition was redacted on the form, Wack said. McHugh told them the marijuana was for back pain – an answer they questioned. Under federal health privacy laws, McHugh said, he is under no obligation to tell police or anyone else why he needs the medical marijuana. On Wednesday, he acknowledged it's not for back pain, but declined to name the diagnosis.
"It's very personal," he said. The officers issued citations for a total of $250 for driving 45 mph in a 30-mph zone and for failing to yield to the ambulance, Wack said. They also issued a $100 ticket for possession of marijuana, and confiscated the drug and paraphernalia as evidence. McHugh can appeal to the town clerk. There is no allegation that McHugh was under the influence of drugs at the time of the stop.
The medical marijuana law was approved by ballot initiative in 2012 and went into effect Jan. 1. Nearly a year later, the Massachusetts Department of Public Health is still working out the kinks, including a way to issue a state ID card that will certify an individual is legally authorized to possess marijuana. Under frequently asked questions on the state's website, the DPH says the card system hinges on technology to "receive and process registrations" that is not yet in place.
Anne Roach, a spokeswoman for DPH, said medical marijuana registration cards will be issued "sometime next year," but could not pinpoint a date. Right now, there is no state guideline for what should be included on a certification form, she said. Police departments are waiting for clear direction from DPH and a registration card would be a big step, Wack said. Meanwhile, officers have to make decisions in the field, particularly in the early morning hours, and in this case the officers did the best they could under the circumstances, he said.
"(McHugh's) document had been altered and came into question," Wack said. McHugh said he was mistreated by officers who forced him to stand outside in frigid temperatures for nearly 45 minutes while they searched his car and conducted an investigation. He was 22 minutes late opening the Hess store for the day, he said.
Dr. Harold Altvater, an anesthesiologist now with Delta9 Medical Consulting in Methuen, said physicians have been advised they could lose federal funding for prescribing marijuana. That forces patients seeking medical marijuana to turn to places like his firm or CannaMed, or to what he describes as "clearinghouses" – larger organizations that link patients to doctors. Despite being authorized to grow his own, McHugh said he travels to Lawrence to get his marijuana from what the DPH categorizes as a "personal caregiver" because no dispensaries have been licensed yet.
Along with the potential fines, McHugh said he is out the $200 value of the seized marijuana. The bowl, grinder, scale and mason jars police took as evidence are worth another $200, he said. McHugh said he is consulting with an attorney and is planning to file a formal complaint against the officers. "This should have never happened," he said.
News Moderator - The General @ 420 MAGAZINE ®
Source: Capecodonline.com
Author: George Brennan
Contact: Contact Us
Website: Sandwich man caught in middle of new medical marijuana law | CapeCodOnline.com
