Pubdate: Tue, 06 Apr 2010
Source: Portland Press Herald (ME)
Copyright: 2010 Blethen Maine Newspapers Inc.
Contact:  http://pressherald.mainetoday.com/
Details: http://www.mapinc.org/media/744
Author: Susan M. Cover

MAINE HOUSE SETS UP MEDICAL POT DISPENSARIES

The System Includes a First-Year Limit on Sales Sites and Eventually
Will Require All Marijuana-Using Patients to Register With the State.

AUGUSTA - The House gave final approval Monday to a  bill establishing
a medical marijuana dispensary and  registration system in Maine.

After a short debate, the House voted 128-17 in favor  of the bill,
which expands the existing medical  marijuana law. In a November
referendum, 59 percent of  state voters supported allowing nonprofit
dispensaries.

The bill makes several changes to the measure approved  by
voters.

nIt limits, at least for the first year, the number of  dispensaries
in Maine to one each in eight "health  districts."

nIt gives the state Department of Health and Human  Services until
July 1 to adopt rules establishing  application and renewal fees for
patients, caregivers  and dispensaries. Dispensary fees will be set by
the  department, but will be no less than $5,000 and no  greater than
$15,000 per year.

nIt allows marijuana to be sold to patients in food and  "other
preparations."

nIt will eventually require all medical marijuana  patients to
register with the state. All patients will  be required to register by
January 2011.

That change concerns the Maine Civil Liberties Union,  which believes
it violates patient-doctor privacy.

"Cancer and AIDS patients using medical marijuana for  months or years
will now have to register with the  state or risk prosecution," said
MCLU Executive  Director Shenna Bellows. "It should be voluntary for
patients, especially when state law conflicts with  federal law."

Kathy Bubar, who served on the medical marijuana task  force last
winter, said the biggest challenge will be  setting guidelines for
determining which dispensaries  can open in the first year.

"We've had a ton of inquiries," she said.

But the eight-dispensary limit means that heavily  populated health
districts such as York and Cumberland  counties will get only one
each. And large geographical  areas such as central Maine -- defined
as Kennebec and  Somerset counties -- will also be allowed only one
dispensary.

After the first year, the department will review the  dispensary
system and decide whether to allow  additional ones to open, Bubar
said.

Although passage of the bill was virtually assured  Monday, the House
debate featured passionate testimony  on both sides.

Rep. Sally Lewin, R-Eliot, said she worries that  because marijuana is
illegal on the federal level, the  state should not expand access by
setting up  dispensaries.

"In my judgment, this is a bill to legalize marijuana  use," she said.
"I believe it's rather like Swiss  cheese, full of holes."

But Rep. Anne Haskell, D-Portland, shared a personal  story about her
daughter's battle with cancer and how  marijuana helped her cope with
the nausea caused by  intensive chemotherapy.

"There are real people out there for whom this herb has  been a
valuable resource," she said.

The original law passed in 1999 allowed patients to  grow marijuana
themselves or designate someone to grow  it for them. Advocates said
that left patients no  option but to buy it on the black market.

After a successful signature drive and a low-key  campaign, Maine
voters supported creation of a  dispensary system.

Rep. Michael Celli, R-Brewer, voted to support the  final measure, but
said changes will be needed.

"I do feel sorry for anyone on the health and human  services
(committee) for the next 50 years," he said.  "They are going to get
this bill back time after time  after time." 
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MAP posted-by: Richard Lake