Pubdate: Tue, 28 Aug 2001
Source: Statesman Journal (OR)
Copyright: 2001 Statesman Journal
Contact:  http://www.http://www.statesmanjournal.com//
Details: http://www.mapinc.org/media/427
Author: The Associated Press
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)

TIGHTER RULES ON MEDICAL MARIJUANA DRAWS PROTEST

Protesters Support The Molalla Doctor Who Has Approved Most Of The Requests 
For The Drug In The State.

PORTLAND - Medical marijuana users rallied Monday in support of an elderly 
doctor who has signed 40 percent of approved applications for medical 
marijuana and is under investigation by health officials.

The American Civil Liberties Union on Monday joined protesters in 
questioning the legality of tighter state guidelines for patients who want 
to use the drug for certain illnesses, including glaucoma, multiple 
sclerosis and AIDS.

The new rules were inspired by Dr. Phillip Leveque, a 77-year-old osteopath 
who has signed more applications for medical marijuana than any other 
doctor under Oregon's 2-year-old medical marijuana law.

About 935 medical marijuana applications approved by the state have been 
signed by Leveque - in some cases, after he reviewed faxed medical records 
and talked to patients by phone.

"Because he's devoted the rest of his life to help people who need medical 
marijuana, he's being targeted. They're holding up 800 applications because 
Leveque has put himself out there basically as a patriot," said Pamela 
Snowhite-Day, a protester who smokes marijuana every 45 minutes to calm her 
multiple sclerosis and degenerative spine disease.

Snowhite-Day was one of about 50 protesters - mostly marijuana users and 
their families - who attended the rally outside Department of Human 
Services headquarters.

In response to Leveque's practices, state health officials on Aug. 10 said 
doctors who sign the applications must maintain up-to-date medical files on 
each patient, perform a physical exam and create a treatment plan.

The Department of Human Services asked the Molalla physician for medical 
records to verify Leveque had done so for 801 of his patients who still 
have applications pending.

Leveque refused to provide the records, saying that would violate 
doctor-patient confidentiality.

Now, the department is asking Leveque's patients to waive their privacy 
rights directly. Patients who refuse will not be approved for medical 
marijuana, said Dr. Grant Higginson, Department of Human Services state 
health officer.

"We're not trying to become more stringent and make things harder for 
patients. We are trying to make sure that people are complying with the 
law," he said. "We feel we need to see those records in order to make a 
determination."

David Fidanque, spokesman for the Oregon ACLU, said his organization is 
researching the legality of the state's latest move but has not decided on 
a course of action.

Fidanque said a state review of patient records could jeopardize doctors 
that signed off on the marijuana applications. It is illegal for a 
physician to facilitate or encourage a patient to use a federally 
controlled substance, he said.
- ---
MAP posted-by: Terry Liittschwager