T
The420Guy
Guest
People with serious illnesses can begin legally using marijuana under state law on Dec. 28, but the new law is vague on how patients can obtain the drug while state and federal regulations clash on its use.
Under administrative rules approved Monday by Gov. Ben Cayetano, patients who want to legally use marijuana to treat or alleviate severe pain are required to get an annual written certificate approved by their physician.
The law allows people to use the drug if they have a "debilitating medical condition" such as cancer, glaucoma or AIDS, or for a condition that causes pain, nausea, seizures or other problems.
State public safety director Ted Sakai, whose department will administer the application program, made the forms for patient certificates available to physicians starting yesterday.
Cayetano signed the medical marijuana law in June, but it took months for state officials to come up with rules dealing with its use following a public hearing last month. The provisions include:
A yearly $25 fee from patients for the written certificate issued by the physician, who must be licensed to practice in Hawai`i and authorized to deal with controlled substances.
A requirement that the individual marijuana user or caregiver be allowed to raise no more than seven marijuana plants for medical use. An allowable supply is considered up to three ounces of marijuana, three mature marijuana plants and four immature plants.
The law will not allow people to raise marijuana in abundance as part of a for-profit distribution business for medical patients, Sakai said.
A requirement that physicians notify the state if they determine that a patient's condition no longer warrants the medical use of marijuana.
Sakai said the rules do not require physicians to ensure that the patient doesn't exceed the amount of marijuana allowed by state law.
"It is the patient's responsibility, not the physician's, to comply with this provision of the law," Sakai said.
Still illegal under federal law
Under federal law, it is illegal to possess or use marijuana. Sakai said state officials plan to discuss the issue with federal authorities, because it was unclear whether federal officials would still prosecute anyone using or raising marijuana for medical purposes.
"I think it is something they would decide on a case-by-case basis," said Keith Kamita, chief of the state's narcotics enforcement division under the state Department of Public Safety.
Sakai said a development that may affect Hawai`i's medical marijuana program is a pending U.S. Supreme Court case brought by the federal government to stop a group from selling marijuana to patients under California law legalizing medical marijuana.
Tom Mountain, a medical marijuana advocate who runs the non-profit Honolulu Medical Marijuana Patients' Co-op, said the new law is flawed, but calledit "a good, first step."
"The main drawback is you still cannot buy and sell marijuana, so how do you legally distribute it to the patients?" said Mountain, who periodically uses marijuana to deal with pain from a severe spinal-cord injury.
To deal with that dilemma, Mountain said his co-op provides patients with marijuana donated by underground growers, and asks and accepts whatever monetary donations patients can make.
"I usually ask for a $25 donation for about an eighth of an ounce of marijuana, but many patients can't afford to make donations because of high medical bills, so the growers sometimes have to eat the costs," he said.
Mountain said he is afraid "misinformation and intimidation" may discourage some doctors from prescribing marijuana to their patients for medical purposes.
Kamita noted that federal law still prohibits the transporting of marijuana
between islands by mail or through an airport. That means medical marijuana will have to be supplied from the patient's island of residence.
"The reason is anything dealing with the airport or postal system is under federal jurisdiction," Kamita said.
Sakai did not know how many patients were expected to sign up for the program, but said those who use medical marijuana and fail to apply could face criminal prosecution. A 24-hour phone hotline will allow medical marijuana patients to show proof they are registered under state records to legally use the drug, said Sakai.
"Law enforcement officers who arrest someone for marijuana possession will be able to verify if the person is registered to legally use marijuana," he said.
Physicians who are interested in obtaining these forms, or who have questions regarding the certification process, can call the state Narcotics Enforcement Division at 594-0150.
_____________________________________________
Distributed without profit to those who have expressed a prior interest in
receiving the included information for research and educational purposes.
---
MAP posted-by: Andrew
Newshawk: WallyB
Pubdate: Wed, 20 Dec 2000
Source: Honolulu Advertiser (HI)
Copyright: 2000 The Honolulu Advertiser, a division of Gannett Co. Inc.
Contact: letters@honoluluadvertiser.com
Address: P.O. Box 3110 Honolulu, HI 96802
Fax: (808) 525-8037
Website: Honolulu Star-Advertiser | Hawaii News, Sports, Weather and Entertainment
Author: Scott Ishikawa
Under administrative rules approved Monday by Gov. Ben Cayetano, patients who want to legally use marijuana to treat or alleviate severe pain are required to get an annual written certificate approved by their physician.
The law allows people to use the drug if they have a "debilitating medical condition" such as cancer, glaucoma or AIDS, or for a condition that causes pain, nausea, seizures or other problems.
State public safety director Ted Sakai, whose department will administer the application program, made the forms for patient certificates available to physicians starting yesterday.
Cayetano signed the medical marijuana law in June, but it took months for state officials to come up with rules dealing with its use following a public hearing last month. The provisions include:
A yearly $25 fee from patients for the written certificate issued by the physician, who must be licensed to practice in Hawai`i and authorized to deal with controlled substances.
A requirement that the individual marijuana user or caregiver be allowed to raise no more than seven marijuana plants for medical use. An allowable supply is considered up to three ounces of marijuana, three mature marijuana plants and four immature plants.
The law will not allow people to raise marijuana in abundance as part of a for-profit distribution business for medical patients, Sakai said.
A requirement that physicians notify the state if they determine that a patient's condition no longer warrants the medical use of marijuana.
Sakai said the rules do not require physicians to ensure that the patient doesn't exceed the amount of marijuana allowed by state law.
"It is the patient's responsibility, not the physician's, to comply with this provision of the law," Sakai said.
Still illegal under federal law
Under federal law, it is illegal to possess or use marijuana. Sakai said state officials plan to discuss the issue with federal authorities, because it was unclear whether federal officials would still prosecute anyone using or raising marijuana for medical purposes.
"I think it is something they would decide on a case-by-case basis," said Keith Kamita, chief of the state's narcotics enforcement division under the state Department of Public Safety.
Sakai said a development that may affect Hawai`i's medical marijuana program is a pending U.S. Supreme Court case brought by the federal government to stop a group from selling marijuana to patients under California law legalizing medical marijuana.
Tom Mountain, a medical marijuana advocate who runs the non-profit Honolulu Medical Marijuana Patients' Co-op, said the new law is flawed, but calledit "a good, first step."
"The main drawback is you still cannot buy and sell marijuana, so how do you legally distribute it to the patients?" said Mountain, who periodically uses marijuana to deal with pain from a severe spinal-cord injury.
To deal with that dilemma, Mountain said his co-op provides patients with marijuana donated by underground growers, and asks and accepts whatever monetary donations patients can make.
"I usually ask for a $25 donation for about an eighth of an ounce of marijuana, but many patients can't afford to make donations because of high medical bills, so the growers sometimes have to eat the costs," he said.
Mountain said he is afraid "misinformation and intimidation" may discourage some doctors from prescribing marijuana to their patients for medical purposes.
Kamita noted that federal law still prohibits the transporting of marijuana
between islands by mail or through an airport. That means medical marijuana will have to be supplied from the patient's island of residence.
"The reason is anything dealing with the airport or postal system is under federal jurisdiction," Kamita said.
Sakai did not know how many patients were expected to sign up for the program, but said those who use medical marijuana and fail to apply could face criminal prosecution. A 24-hour phone hotline will allow medical marijuana patients to show proof they are registered under state records to legally use the drug, said Sakai.
"Law enforcement officers who arrest someone for marijuana possession will be able to verify if the person is registered to legally use marijuana," he said.
Physicians who are interested in obtaining these forms, or who have questions regarding the certification process, can call the state Narcotics Enforcement Division at 594-0150.
_____________________________________________
Distributed without profit to those who have expressed a prior interest in
receiving the included information for research and educational purposes.
---
MAP posted-by: Andrew
Newshawk: WallyB
Pubdate: Wed, 20 Dec 2000
Source: Honolulu Advertiser (HI)
Copyright: 2000 The Honolulu Advertiser, a division of Gannett Co. Inc.
Contact: letters@honoluluadvertiser.com
Address: P.O. Box 3110 Honolulu, HI 96802
Fax: (808) 525-8037
Website: Honolulu Star-Advertiser | Hawaii News, Sports, Weather and Entertainment
Author: Scott Ishikawa