Pubdate: Wed, 22 Dec 2004
Source: Montana Standard (MT)
Copyright: 2004 Montana Standard
Contact:  http://www.mtstandard.com/
Details: http://www.mapinc.org/media/609
Author: Allison Farrell
Cited: Initiative 148 ( www.montanacares.org/ )
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)

ILL FACE $200 FEE TO BECOME CARD-CARRYING POT SMOKERS

HELENA -- The state's Tuesday launch of the new medical marijuana registry
drew criticism from one of the law's major supporters, who called the $200
registration fee "exorbitant.''

Robin Prosser of Missoula, who is suffering from an immunosuppressive
disorder, said she's appalled that the state is charging the chronically and
terminally ill $200 to get on the medical marijuana registry. The new law
protects registered patients and their caregivers from local and state

prosecution, even though federal law prohibits possession and use of the
drug.

"This is pretty high cost just to get a card,'' Prosser said. "A driver's
license doesn't cost that much. It's like charging people for handicapped
stickers for their car.''

The new law, passed by a majority of voters Nov. 2, created a state medical
marijuana registry. Upon written recommendation from their doctors, patients
with certain medical conditions are registered on the confidential list and
issued a card that permits them to have as many as six marijuana plants and
an ounce of marijuana.

Roy Kemp, head of the state's Licensure Bureau, said the new law didn't come
with any funding. He said the $200 fee is necessary to keep the new database
and the registration service financially self-sufficient.

"We had to come up with a fee that would enable us to administer the program
as the voters intended,'' Kemp said in a written statement. "We tried to
keep the fee as low as possible without putting the program in jeopardy.
Given the cost of most medical treatments, we think $200 is not
unreasonable.''

Prosser, who uses marijuana to ease chronic bone pain, muscle spasms, nausea
and headaches, said she wanted to be registered on the list. Prosser, 47,
was charged with drug possession and drug paraphernalia possession last May.

Prosser is one of the 30 Montanans who have already requested an application
for the registry, but said Tuesday that she won't be sending the forms back
to Helena.

"I got my application in the mail Friday, and I was stunned to say the
least,'' Prosser said.

The state began mailing registry applications Friday, Kemp said. No cards
have yet been issued, he added.

"I've had a lot of calls since November,'' Kemp said. "There's definitely
been a lot of interest in this program, both from people who are ill and
from people who want to be caregivers.''

To be eligible for the program, individuals must suffer from a debilitating
medical condition, which is defined in the law as cancer, glaucoma, or
positive status for HIV or AIDS, a chronic or debilitating disease or
medical condition that produces one or more of the following: cachexia or
wasting syndrome, severe or chronic pain, severe nausea, seizures or severe
or persistent muscle spasms.

A doctor must certify in writing that the patient has a debilitating medical
condition and that the benefits of using marijuana to treat symptoms would
outweigh the risks. When a patient registers with the state Department of
Public Health and Human Services, the department will provide a form for the
treating physician to sign.

By law, only medical doctors and doctors of osteopathy may sign the
certification, Kemp said.

"A physician can't prescribe marijuana under this law,'' Kemp said. "They
can only recommend it to a patient and then certify that recommendation with
us.''

Prosser said she's exhausted from campaigning for the medical marijuana
initiative during the election season, and doesn't know if she'll lobby the
2005 Legislature to change or eliminate the $200 fee. But she said the
registration fee is prohibitively expensive and should be axed.
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MAP posted-by: Josh