Pubdate: Sun, 29 May 2005 Source: Call, The (RI) Copyright: 2005 The Call. Contact: http://www.woonsocketcall.com/ Details: http://www.mapinc.org/media/2394 Author: Judge Jeremiah S. Jeremiah Jr. Note: Judge Jeremiah is chief justice of Rhode Island Family Court. Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal) Bookmark: http://www.mapinc.org/opinion.htm (Opinion) MARIJUANA LAW NEEDS SAFEGUARDS The use of marijuana for medicinal purposes continues to be a subject of great debate. This topic has become a salient one for our state since introduction of the Medical Marijuana Act, currently under consideration in Rhode Island. As chief judge of Family Court, founder and past president of the New England Association for Drug Court Professionals and current board member of the National Association for Drug Court Professionals, I am concerned over the lack of clarity in this act as it is currently written. Though there is still much dissension over the scientific findings regarding the medical use of marijuana, there is little disputing the idea that stringent regulations are required in this matter. Upon examining the Medical Marijuana Act, I see few safeguards in place. Under this proposal, qualified patients would be allowed to possess up to 12 marijuana plants as well as 2.5 ounces of usable marijuana. The act does not make reference to how patients would acquire these marijuana plants. This detail is important because marijuana continues to be a controlled substance. Under the Controlled Substance Act, cannabis is classified as a Schedule I drug, indicating a high potential for abuse. In the Rhode Island Medical Marijuana Act, there are no provisions for doctors to prescribe a Schedule I drug. Such a drug may be recommended only by written certification, qualified by certain medical conditions. Given the fact that patients cannot obtain marijuana as they do other prescriptions, how will cannabis be obtained, delivered and transported? These are questions yet unanswered, which must be addressed by formal regulation. Assuming that patients were able to obtain 12 marijuana plants, where shall they be grown? Under the current proposal, these plants could be grown in a back yard. Physicians alone, then, cannot effectively monitor the use of marijuana. Marijuana can only be recommended and not prescribed, thus traditional checks and balances may be missing. Would effective monitoring fall upon law enforcement? Indeed, law enforcement needs clarification on how to differentiate medical use from illegal possession. How will law enforcement obtain information on reasons for possession and respect a patient's right to privacy? Though provisions are made for patients to have a registered identification card obtained from the Rhode Island Department of Health, it may be difficult for law enforcement to verify authenticity of some. This is only recommended in this act. Finally, even if the Medical Marijuana Act did pass, there would continue to be complications with federal laws. Given this, the act states, "Any state or local law enforcement official who knowingly cooperates with federal law enforcement agents to arrest, investigate, prosecute, or search a registered qualified patient or a primary caregiver or his or her property for acting in compliance with this chapter shall have his or her employment suspended or terminated." Such conditions may ultimately weaken law enforcement's authority to differentiate medical from non-medicinal use. Marijuana is a much sought-after drug of adolescents. Since the inception of the Rhode Island Juvenile Drug Court in 1999, the recorded number of arrests for marijuana possession is staggering. The Juvenile Drug Court Post Adjudication Program, which handles more serious offenses, records that out of 415 cases, 291 included marijuana charges. In a great number of these cases, marijuana charges accompany other charges, such as possession of a firearm, being disorderly, theft, truancy, driving under the influence and possession of other serious drugs. Marijuana's classification as a Schedule I drug, and the apparent lack of clarity in the proposed regulation, are strong concerns regarding this legislation. The issue of medical marijuana remains complex and is important enough to deserve our prompt attention. It is equally important to assess whether assisting one party will create conditions that jeopardize other parties. Prudent regulation of marijuana cannot be viewed as a formality, but rather as a necessity, one which ensures safety for young citizens and compassion for those who search for a medicinal adjunct for ongoing medical problems. - --- MAP posted-by: Richard Lake