Pubdate: Wed, 22 Sep 2004
Source: Montana Kaimin (U of MT Edu)
Copyright: 2004 Montana Kaimin
Contact:  http://www.kaimin.org
Details: http://www.mapinc.org/media/1387
Author: Haines Eason
Cited: Initiative 148 http://www.montanacares.org/
Bookmark: http://www.mapinc.org/topics/Initiative+148
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)

MONTANA TO VOTE ON MEDICAL MARIJUANA

Some people view the legalization of marijuana for medicinal purposes
as a major step toward the drug's total acceptance, but Missoula
resident Robin Prosser deems it vital to her well-being. Prosser
suffers from a form of lupus, a disease that can cause the body's
defenses to attack the joints, kidneys, blood and skin. She said she
uses marijuana to curb the extreme nausea and discomfort caused by her
medications. In May of this year, no longer able to endure the pain
from her illness, she attempted suicide.

Responding officers found pot pipes and residue in her apartment while
assisting her and charged her with possession of marijuana.

Prosser's case will be decided at the polls on Nov. 2, when Montanans
vote on Initiative-148. If approved, Montana will be the ninth state
to allow unrestricted use of marijuana for medicinal purposes.

Assuredly, many in Prosser's situation will be watching intently.

On Sept. 2, the State of Montana agreed to drop charges against
Prosser if after a nine-month probatory period she has no further
court appearances. According to Prosser, an arrangement was reached at
trial allowing her continued use of medicinal marijuana, as it is part
of her physician's recommended treatment regimen.

Asked if this arrangement with the state foreshadows coming changes,
Prosser said she was "not sure," and "couldn't speak for anyone other
than herself." Paul Befumo, organizer and treasurer of the
Missoula-based Medical Marijuana Policy Project of Montana, sees the
Prosser agreement much more favorably.

He and members of MMPPM, the group responsible for I-148, think
Prosser's agreement is a symptom of changing times and that her
personal victory is strong evidence that the initiative is "definitely
going to be successful," Befumo said. "This isn't something
prosecutors or law enforcement agencies want to fight over now," he
said. "We just shouldn't be putting people in jail over the meds they
need." That same sentiment is shared by several UM students.

Jan Montgomery, a psychology major, said she thinks I-148 should be
seriously considered by Montana and many other states. "Medicinal
marijuana is a good thing to be used for lots and lots of patients
that have everything from glaucoma to cancer complications,"
Montgomery said. However, Jim Macintosh, an addiction counselor of 30
years and owner of Chemical Dependency Services in Kalispell, urged
caution. "If we start talking about the [plant] form, we're fooling
ourselves as far as addiction is concerned.

If we legalize [that] form, we get into a whole mess of issues outside
of pain relief," he said. "Marijuana itself, most people think, is not
harmful, when in fact it is. It destroys white blood cells, may
lengthen illnesses, is carcinogenic and encourages use of other
drugs." Macintosh cited the pill MARINOL, an FDA-approved synthetic
form of the active ingredients in marijuana used to treat nausea and
vomiting associated with chemotherapy. He said that in pill form, the
active ingredient, tetrahydrocannabinol, is more effective in dealing
directly with a patient's pain, and avoids the common disorienting
side effects associated with smoking.

Despite the argument, in April the Montana secretary of state and
attorney general stated that I-148 held legal water.

MMPPM then collected 24,305 signatures, nearly 4,000 more than was
needed to make the Nov. 2 ballot. According to Befumo, the petition
was well received. "There isn't an organized opposition to this
initiative, and I don't foresee any future difficulties," Befumo said.
If passed, I-148 would protect health care providers and terminally or
seriously ill people who use or prescribe medical marijuana from
arrest and prosecution. Additionally, medical marijuana patients could
"grow up to six plants for their private use," Befumo said. The
Montana Department of Health and Human Services would issue ID cards
to both patients and healthcare providers, allowing for quick
confirmation of an individual's status. Eight states -- Hawaii,
Alaska, Oregon, Washington, California, Nevada, Colorado and Maine --
have passed laws enabling the terminally ill to possess, use, and grow
marijuana with a health care professional's recommendation. Last year,
Arizona legalized use with a doctor's prescription and Maryland passed
a law protecting medical marijuana patients from incarceration, but
not arrest.

According to Befumo, the time leading up to the November ballot will
be spent educating Montanans about the benefits of medicinal marijuana
for the seriously ill. Befumo and MMPPM will air television and radio
spots to advertise the issue.

Montana State University will host a debate about the initiative on
Oct. 20, Befumo said. He said he thinks it will be well attended. 
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MAP posted-by: Richard Lake