Pubdate: Fri, 02 Feb 2001
Source: Tahoe Daily Tribune (CA)
Copyright: 2001 Tahoe-Carson Area Newspapers
Contact:  http://www.tahoe.com/tribune/
Forum: http://www.tahoe.com/community/forum/index.html
Author: Gregory Crofton, Tribune
Cited: http://www.123hemp.org

MEDICAL MARIJUANA

These days the sight of a marijuana plant must make a cop nervous.

Is the plant being grown to get people high or will it be used to treat an 
illness?

Since the passage of Proposition 215 in 1996, hundreds of citizens in El 
Dorado County have been smoking, baking and vaporizing the herb to treat 
chronic pain, nausea and glaucoma as well as a host of other ailments.

The proposition made the medicinal use of marijuana legal with a doctor's 
recommendation. It says a doctor can recommend the drug for illnesses such 
as AIDS, anorexia "or any other illness for which marijuana provides relief."

But four years after 215 passed, the county (and the state) is still 
struggling to create guidelines for people who grow medicinal marijuana 
legally.

After the act became law, El Dorado County and the sheriff's department set 
rudimentary rules. People with doctors' recommendations are allowed to grow 
six plants, have one pound of processed marijuana in their residence or one 
ounce in their vehicle.

"It's a rough guideline to assist law enforcement out in the field," said 
El Dorado County District Attorney Gary Lacy. "They aren't hard and fast."

Now each situation is dealt with case-by-case. Deputies and police officers 
are allowed to arrest anyone growing or possessing any amount of marijuana.

Lacy said what 215 provides to those with a doctor's recommendation is an 
affirmative defense in a court of law.

"Even if there is a recommendation in hand, officers still can arrest 
somebody for that marijuana," Lacy said. "Medicinal marijuana users could 
show that they have this recommendation to a judge and jury.

"Under federal law it's still a violation of law. The quandary that law 
enforcement faces is that we are sworn to uphold the U. S. Constitution and 
the constitution of the state of California. We're kind of in a box."

Last Saturday, "the box" Lacy spoke of, and the wide spectrum of issues it 
contains, was the topic of a forum in Garden Valley, Calif., a small 
community 10 miles north of Coloma.

Lacy and El Dorado County Sheriff Hal Barker sent Dr. Stephen G. Drogin, a 
county health official, as their representative.

The meeting lasted almost four hours and drew a panel of 10. More than 100 
attended the meeting. It was promoted and organized by the Garden Valley 
Community Association as a meeting to educate and inform people about how 
215 is being carried out.

"I've listened to some parts of that," Lacy said about an audio tape of the 
meeting. "It was a very confrontational atmosphere. We're not going to be 
walking into an ambush. We've heard their side. Their side is that they 
want all drugs legalized. We are trying to educate ourselves with medical 
doctors. We don't want a bunch of potheads teaching us about it."

For the last nine months, Lacy, Drogin and other county officials have met 
to discuss updating the guidelines for medicinal users and growers. In an 
effort to sort out the issues, such as transportation, storage, and the 
number of plants one can grow, they are trying to work with doctors and 
find solutions.

"I'm giving you a rough vision," Lacy said. "We want legitimate users to 
have their case reviewed by a panel of doctors. Have them look at each 
case, and figure out what amounts are medically appropriate. That then 
would help give law enforcement some guidance ... even jurors have 
expressed frustration. The law doesn't say how much should be for personal 
use."

Lacy added that his plan is not something that's going to happen overnight.

That timetable is what worries patients who say they need marijuana every 
day. Many have to go to the black market to get it.

CHAPTERHEAD: South Shore patients

Deborah Armstrong, 36, suffers from posttraumatic stress disorder and 
seizures. She has had a medical recommendation for marijuana for more than 
a year. Armstrong smokes every day and uses almost two ounces each month. 
Marijuana alleviates her nausea and anxiety.

"The biggest problem is forcing us patients to go to the black market," she 
said. "We should have a safe environment to obtain medication. I don't do 
well in public places."

Armstrong said a member of her family grows marijuana, but they live miles 
away. She said growing her own medication isn't even a possibility.

"I can't even grow a house plant," she said. "Telling a patient to grow 
their own medication is like giving a poppy seed to someone and saying make 
your own Vicadin."

Shelly Arnold, 46, is another woman who holds the controversy surrounding 
215 close to her heart. She has a doctor's recommendation because of muscle 
spasms and an autoimmune disorder. Her 15-year-old son also has the right 
to use marijuana as medicine.

He has had an eating disorder since birth. When he was six months old he 
only weighed nine pounds. One night two years ago, her boy came home from a 
skateboard park high.

"He ate two pork chops, two helpings of mashed potatoes and wanted dessert. 
That's more than he eats in a week," Arnold said. "As of a year ago, this 
kid who never grew, never ate, has grown 6 inches and put on 14 pounds. 
It's the biggest growing and gaining in his entire life."

Since she and her son received their medicinal certificates more than a 
year ago, Arnold has become an "oral caregiver," or someone who bakes with 
marijuana and gives out product to those in need. Her speciality is Rice 
Krispie treats made with marijuana butter.

"People call me and tell me they're eating lunch for the first time in five 
days since their chemotherapy treatment," she said. "That's when I decided 
about six months ago I was gonna go on a mission."

CHAPTERHEAD: Getting a medical recommendation

Dr. Marion Pottenger Fry saw about 10 to 15 patients the last time she 
worked at South Lake Tahoe. These days she and her husband Dale Schafer 
come to South Shore every couple of months.

They used to have a suite here and would see people one day a week. They 
found there wasn't enough of a demand to rent the suite so now whenever 
they come they conduct business in a hotel room.

Fry and Schafer are the most well-known advocates of medicinal marijuana in 
El Dorado County. Their office in Cool, Calif., is known as the California 
Medical Research Center. They have 3,500 to 4,000 clients throughout the state.

An initial visit to Dr. Fry costs $200, which includes a legal consultation 
with Schafer. California law requires patients renew their medicinal 
recommendation every year. Such a visit at Dr. Fry's office costs $100.

"Our typical patient has chronic pain, multiple scelorsis, or cancer," 
Schafer said. "But we have lots secondary diagnoses, like inability to 
sleep, anxiety, depression, migraine headaches, even PMS if it's a chronic 
problem."

Dr. Fry, however, does not supply patients with marijuana.

"We're primarily an information service. We have information about Bay Area 
clubs. But I can't tell someone go there and buy it. A lot of the time they 
have to go to the black market."

Schafer said growing marijuana as a caregiver - someone who grows it for 
others who have doctors' recommendations - can be messy.

"If that person gets reimbursed for it, it becomes a real tricky issue," he 
said. "Typically you get charged with sales. I'm involved in a number of 
cases where people tried to do this right."

How much marijuana people need to medicate themselves is an issue that's 
still very much undecided.

"It depends on whether you're using it raw, smoking it, vaporizing it, 
eating, it really varies," he said. "(Doctors) want you to stop smoking it 
(for health reasons), but it takes three to five times more marijuana if 
you're going to eat it and law enforcement doesn't like those numbers. The 
whole thing is a gray area." To reach Dr. Fry call (530) 832-9963.

CHAPTERHEAD: Have weed, will travel

Matt Macosko, 28, is a man with a plan. He wants to organize a discreet 
dispensary at South Shore called Tahoe Healing Caregivers and is seeking 
the approval of the district attorney, police and sheriff's department.

He practices what he preaches. Every day he delivers buds to people who 
need marijuana for medical reasons.

"When I was almost dying last winter Matt took care of me," said a senior 
citizen who gets the herbs from Matt. "He's helped so many challenged 
people, but many of us can't appear for legal reasons.

"We really need a distribution center up here. I was arrested 50 years ago 
for marijuana and was fined $29. I didn't even know it was illegal then. 
They arrested me again at 64 years old and I got very sick. We're not 
nobody you know. It's time they stopped terrorizing us. We're not criminals."

Before Macosko opens a cooperative, he wants a stamp of approval from 
county and city officials. In 1996, he was jailed for seven months for 
selling marijuana.

"I have to get the sheriff's and DA's words so they're not going to kick 
down the door the day it opens. That would be a lot of wasted effort," he 
said. "It's going to take a lot of smart people to get this going."

Macosko has enlisted Dr. Philip Denney, a physician from Loomis, Calif., to 
be medical director of the cooperative.

"If it does happen I'll make sure appropriate patients get 
recommendations," Denney said. "Make sure it's not some scam to make it so 
anyone who wanted one could get one."

Dr. Denney became involved with medicinal use of marijuana when a family 
member needed the herb.

"I think this is a remarkably effective drug," the 52-year-old said. "It's 
most useful for chronic pain as an adjunct to narcotics. It doesn't cure 
pain, but does help. My basic issue is that we live in a democracy. I make 
no claims cannabis is a wonder drug, but I think people have a right to use 
it without going to jail."

Macosko is asking for feedback from the community regarding a medicinal 
marijuana cooperative. He can be reached at 123hemp.org or P.O. Box 7189, 
South Lake Tahoe 96158.
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