Pubdate: Sat, 26 Apr 2008
Source: Central Kitsap Reporter (US WA)
Copyright: 2008 Central Kitsap Reporter
Contact:  http://www.centralkitsapreporter.com/
Details: http://www.mapinc.org/media/2263
Author: Charlie Bermant
Bookmark: http://www.mapinc.org/mmj.htm (Marijuana - Medicinal)

MEDICAL MARIJUANA USE LANDS LOCALS IN COURT

A pair of medical marijuana cases were heard in Kitsap County 
Superior Court this week, both concerning patients taking the 
controlled substance for pain management under a doctor's supervision.

Pamela Olson of Ollala, who was arrested last May, and Robert of 
Bremerton, face prosecution for their use of the drug, for which they 
received doctor's approval.  Robert's lawyer Douglas Hiatt requested 
that Robert's full name not be published, as it could endanger his employment.

Kitsap County prosecutors, who have turned a blind eye to several 
medical cases over the last several years, are pursuing these 
particular cases because, according to Deputy Prosecutor Kevin Kelly, 
"We have evidence in both cases that they were dealing."

Attorneys for both defendants deny this assertion.

As a result, Kitsap County has become part of the nationwide debate 
about the use of marijuana in the treatment of pain, the means for 
distributing and growing the substance, and exactly how much a 
patient needs to manage their symptoms.

At the center of the debate is an argument over "plant count" and how 
many live plants translate to an amount of usable medicine. For 
instance, Olson was arrested with plants that added up to more than 19 pounds.

This, according to her attorney Scott Moriarty, could yield less than 
a pound of usable product.

The guidelines for use allow patients to hold a 60-day supply at one 
time. Since Olson bakes rather than smokes to administer the drug, 
her holdings could fall within these recommended limits.

But on Tuesday, Judge Leila Mills ruled that Olson would not be 
allowed to use a medical defense, setting her up for a possession or 
distribution charge.

Moriarty subsequently filed a motion to reconsider this ruling. If 
Mills declines to reconsider the motion, he plans to ask for a 
continuance, as the Department of Health will soon set concrete 60-day limits.

Moriarty feels Mills' ruling to come up with a doctor's prescription 
for the amount needed for Olson's treatment is a legal impossibility.

Since marijuana is illegal, a doctor can recommend but not prescribe the drug.

Moriarty said prosecutors have no solid evidence that Olson herself 
was dealing. The only evidence comes from a confidential informant, 
he said, and that shouldn't be enough to convince a jury of her guilt.

Robert also has been accused of dealing, a charge Hiatt vehemently refutes.

"They have absolutely no evidence," Hiatt said. "He was asked about 
what he would do if he had more than he could use and he answered 
that he would give it away to little old ladies who could use it if 
he could do so legally. This was repeated to others, where he was 
quoted as saying he had already given it to the little old ladies."

Aside from jeopardizing his retirement, Robert's property aE" five 
acres he has owned for years aE" could be confiscated if he is 
convicted of dealing or distributing drugs.

Moriarty recommended that Olson use more traditional methods of pain 
control while the case is pending, saying, "I have told her that it 
doesn't make sense to use marijuana while she is in the crosshairs of 
the prosecutor."

Hiatt said he does not know how Robert is handling his pain.

"I always advise my clients to do what their doctors recommend and we 
will sort out the legalities at a later time," said Hiatt, who has 
worked with medical marijuana cases for several years.

Hiatt acknowledges there is a potential for abuse in medical 
marijuana cases, but it is less than for medications like morphine or percocet.

"If a patient has some medical marijuana and their grandson takes 
some off of the top, the grandson is breaking the law and the patient 
is not discharging their responsibilities," he said.

Hiatt takes issue with the notion that any medical marijuana patient 
is "getting high," since the prime motivator is pain management.

The Olson trial is scheduled to begin May 5. 
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MAP posted-by: Richard Lake