Pubdate: Tue, 07 Jun 2005
Source: Honolulu Advertiser (HI)
Copyright: 2005 The Honolulu Advertiser, a division of Gannett Co. Inc.
Contact:  http://www.honoluluadvertiser.com/
Details: http://www.mapinc.org/media/195
Author: Ken Kobayashi, Advertiser Courts Writer
Note: From MAP: Perhaps U.S. Attorney Ed Kubo should review Conant. A good 
review with links to the decision is at 
http://www.drugpolicy.org/marijuana/medical/challenges/cases/conant/
Cited: Gonzales v. Raich http://www.angeljustice.org
Cited: Drug Policy Forum of Hawai'i http://www.dpfhi.org/
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)
Bookmark: http://www.mapinc.org/topics/Raich (Angel Raich)

STATE'S MEDICAL MARIJUANA PROGRAM 'ESSENTIALLY DEAD'

A U.S. Supreme Court decision on medical marijuana signals the end to a 
state program used by more than 2,500 patients in Hawai'i because doctors 
who must sign off on the use of the drug can now be prosecuted, U.S. 
Attorney Ed Kubo said yesterday.

Kubo said his office would not prosecute the medical marijuana smokers, but 
cautioned that the doctors could be prosecuted on misdemeanor charges as 
accomplices to the distribution of the marijuana, which is still illegal 
under federal law.

"The U.S. Supreme Court decision this morning is the death knell to the 
medical marijuana issue," he said, a sentiment shared by some medical 
marijuana advocates.

"I would advise all physicians and anyone who is involved in distributing 
or helping in the distribution of any illegal narcotic to be very, very 
leery," he said.

'Aina Haina optometrist Joyce Cassen, one of 116 doctors who issued 
certificates to Hawai'i's 2,596 registered medical marijuana users, turned 
down about a half dozen requests, but granted one for a patient for his 
glaucoma. She said the marijuana helped the eye pressure and had a 
"definite medical benefit."

But she won't be issuing any more.

"If it could become something I could be prosecuted for, I certainly would 
want to stay away from that," she said.

The 6-3 decision by the high court did not strike down the laws authorizing 
medical marijuana use in Hawai'i and 10 other states, but essentially 
cleared the way for federal marijuana prosecution despite the states' laws.

The possible end of the program worries patients like Rhonda Robison, who 
fears she will not be able to get marijuana for her 34-year-old battle 
against muscular dystrophy, which she called "very, very painful."

Robison said she is struck when she least expects it. The muscles in her 
body contract and expand throughout the day. Her joints, she said, also 
often slip out of place, causing sharp pain.

But she said it improved in 2000, when Hawai'i became the eighth state to 
allow marijuana use for medical purposes.

Robison's husband, John, 39, who has undergone chemotherapy for leukemia, 
also has a permit to use marijuana.

Kubo said he doesn't think medical marijuana smokers "have anything to fear 
as far as federal prosecution is concerned." Under federal law, possession 
of the amounts allowed by the state medical marijuana law would be a 
misdemeanor punishable by up to a year in jail.

Kubo said traditionally, those cases are turned over to state and county 
authorities for their review. But he said an accomplice in the distribution 
of marijuana can be held criminally liable under federal law. The first 
offense in most cases would be a misdemeanor, but he cautioned that a 
second offense carries mandatory jail time.

As to whether he plans to launch any prosecutions, Kubo said he will need 
to consult with the U.S. Justice Department as well as the state attorney 
general and city and county prosecutors.

Hawai'i adopted its medical marijuana law five years ago. It allows the use 
of marijuana for "debilitating" medical conditions that include cancer, 
glaucoma, HIV, severe pain and nausea. But the law requires approval by a 
doctor who certifies the use of the marijuana for the condition.

"I don't think I could be counseling anyone to continue their marijuana 
use, especially if it's a federal crime," federal Public Defender Peter 
Wolff said.

He also suggested that the decision "puts in jeopardy" medical doctors who 
might also risk their medical licenses for assisting in the violation of 
federal law.

"I think the Hawai'i program is essentially dead, unless doctors are 
willing to take a huge risk to their ability to practice medicine, and why 
would they do that?" he said.

Bill Wenner, a retired Big Island surgeon and one of the pioneers in 
issuing certifications, agreed that the decision will kill Hawai'i's program.

He said not many doctors were willing to participate when the program first 
started. If the decision means the federal prosecutors can prosecute people 
using marijuana for medicinal purposes, "it's open season for patients and 
it's not hard to figure it's going to be open season on doctors, too."

Jeanne Ohta, executive director of the Drug Policy Forum of Hawai'i, which 
favors drug treatment over prison, said the decision does not change the 
Hawai'i law. But she had hoped that the Bush administration would not 
"waste your tax dollars" by prosecuting the patients.

"There are other issues to expend money on," she said.

Tom Mountain, 51, founder and director of the Honolulu Medical Marijuana 
Patients Cooperative, which assists medical marijuana patients, said the 
prosecution of the doctors would shut down his operation. He said the 
patients would be forced to pay for expensive medicines or get the 
marijuana, which sells on the street for about $600 to $700 an ounce. State 
officials said Hawai'i's program will continue operating as they await word 
from Attorney General Mark Bennett.

Bennett said he didn't think the decision would have much of an effect 
because the federal government had the authority in the past to prosecute 
marijuana users or doctors acting under state medical marijuana laws, but 
didn't do so.

But he said if the Justice Department decides to prosecute the doctors, it 
will have a "large practical consequence."

"I think we need to see whether the Department of Justice makes any kind of 
material change," he said.

[sidebar]

HAWAI'I MEDICAL MARIJUANA LAW

Under the law, a person must be certified by a physician to use marijuana 
for a "debilitating" medical condition. The certificate allows the patient 
to have up to three mature, flowering marijuana plants; four immature 
plants; and an ounce of usable marijuana for each mature plant. The 
certificate must be renewed each year.

Number of people certified as of the end of May:

Big Island 1,343

Kaua'i 378

Lana'i 3

Maui 557

Moloka'i 7

Ni'ihau 5

O'ahu 303

Total 2,596

Source - Department of Public Safety 
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MAP posted-by: Richard Lake