Pubdate: Tue, 15 May 2001
Source: Lewiston Sun Journal (ME)
Copyright: 2001 Lewiston Sun Journal
Contact:  http://www.sunjournal.com/
Details: http://www.mapinc.org/media/743
Author: Bonnie Washuk
Bookmark: http://www.mapinc.org/ocbc.htm (Oakland Cannabis Court Case)

STATE'S MEDICAL POT LAW TO GET LOOK IN NEW LIGHT

Maine's top officials and a few citizens don't know quite what to make of a 
Monday U.S. Supreme Court ruling that said marijuana is illegal even if 
it's medicinal marijuana.

Some consider the ruling a blow to states like Maine where voters passed a 
referendum legalizing small amounts of medicinal marijuana. Others say it 
doesn't change a thing.

Maine's attorney general didn't offer any answers Monday. "In the days and 
weeks ahead, we'll be providing legislators and policy makers the best 
legal advice we can consistent with the high court's decision," said AG 
spokesman Charles Dow, adding that the staff is carefully reviewing what 
the decision means for Maine.

Ditto for Gov. Angus King's office. What Maine should do next about the 
medicinal marijuana law passed in the 1999 referendum "is one of the big 
questions," said King's spokesman John Ripley. "We're not sure at this 
point." The high court decision raises questions about the legality of the 
referendum, he said. The governor doesn't want Maine residents to think 
medicinal marijuana is legal because Maine's law continues to conflict with 
federal law.

Thanks a lot, said Cumberland Sheriff Mark Dion who, like many in law 
enforcement, are wondering what to do about enforcement since Maine law 
permits small amounts for medicinal uses and federal law says no amounts 
are legal. The solution, Dion predicted, will have to be decided by Congress.

Dion said he wasn't surprised by Monday's decision. "This is a conservative 
court," Dion said. "They interpreted the law as written. It may be settled 
as a legal question today," but the government needs to recognize the 
public's large political sentiment for legalizing medicinal marijuana, he said.

Saying he's not a lawyer, Dion guessed that the decision "puts significant 
brakes on the good work done over the summer by the task force," which 
resulted in a bill before lawmakers to create one medicinal marijuana 
distribution center for the state. The bill was endorsed by two legislative 
committees. "It seems that avenue has been closed," Dion said. If that 
turns out to be the case, the reality is that patients "now run the risk of 
being criminals."

What does the decision mean for police? "Business as usual," Dion said, 
adding the state law has been in conflict with the federal law ever since 
the referendum was passed.

Rep. William Schneider, R-Durham, a former drug prosecutor with the AG's 
office, said if he were still in the AG's office, he'd recommend Maine 
police enforce the Maine law, which permits three growing marijuana plants 
"for use with doctors' orders. If I were talking to federal enforcement, 
I'd tell them to enforce the federal law," which says no amount of pot is 
legal for any reason.

The Americans for Medical Rights, which organizes Mainers for Medical 
Rights, said the court decision has no effect on Maine and other states 
that have laws allowing medicinal marijuana.

"Not one word of this decision diminishes the rights of states to legalize 
the medical use of marijuana under state law," director Bill Zimmerman was 
quoted in a press release faxed from California.
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MAP posted-by: Terry Liittschwager