Pubdate: Mon, 04 Oct 2010
Source: Arizona Republic (Phoenix, AZ)
Copyright: 2010 The Arizona Republic
Website: http://www.azcentral.com/arizonarepublic/
Details: http://www.mapinc.org/media/24
Author: Michelle Ye Hee Lee

STATE PREPARES LIMITS IF MEDICAL POT GETS OK

Supporters and opponents of Proposition 203, the Arizona Medical
Marijuana Act, have argued their respective points for several months.

Although legalizing medical marijuana isn't a new topic to Arizonans,
the provisions in Prop. 203 are complicated. At 34 pages, Prop. 203 is
the longest of the 10 propositions on the Nov. 2 ballot.

The Arizona Republic answers some questions voters have about the
measure.

Question: Would people be able to fake pain to get medical-marijuana 
prescriptions?

Answer: This is one of the main concerns of opponents, who tell 
anecdotes of medical-marijuana abuse in other states.

The initiative's language allows for patients to qualify for marijuana
to treat or alleviate symptoms of debilitating diseases, including
cancer, HIV/AIDS, hepatitis C and multiple sclerosis. Among the listed
symptoms are wasting syndrome, nausea, seizures and "severe and
chronic pain."

Although "severe and chronic pain" could create a loophole to this
law, the state can regulate it.

If Prop. 203 passes, the Arizona Department of Health Services would
implement it. The department could require prerequisites to prove
"severe and chronic pain." For instance, in New Mexico, patients must
provide objective proof of severe chronic pain, such as X-rays, and
have two recommendations, one from their primary-care doctor and
another from a specialist consulting the patient's case.

In Arizona, a doctor would certify in writing the patient's
debilitating medical condition after assessing the patient's medical
history in "the course of a physician-patient relationship." But what
"the course" of such a relationship entails isn't specified.

Bottom line: As with any substance, there is a risk of abuse, but the
health department could tailor its administrative code to minimize
abuse and create a fact-based method to prove "severe and chronic pain."

Q: Where would the dispensaries be located?

A: Arizona could have up to 120 dispensaries. The health department
would approve dispensary applications. Will Humble, the department's
director, says the location of dispensaries would be based on local
zoning restrictions.

City councils already are discussing zoning laws in case Prop. 203
passes. The proposition allows local jurisdictions to impose
"reasonable" zoning restrictions that limit where dispensaries can be
located. It prohibits them from locating within 500 feet of schools.

If the initiative passes, the state has 120 days to draft the
administrative code. If cities do not establish zoning laws for
dispensaries before then, Humble said, the department can't stop
dispensaries from setting up shop as long as they're 500 feet away
from schools.

Q: Is marijuana safer than prescription painkillers?

A: Marijuana is not approved by the U.S. Food and Drug Administration,
so there is no official rating of how safe or efficient marijuana
could be as a medicine.

Marinol, a synthetic THC pill approved by the FDA, is available by
prescription. THC is the active ingredient in marijuana.

Marijuana is classified as a schedule-1 drug by the FDA, meaning it
has a "high potential for abuse," no accepted medical use and "lack of
accepted safety."

Some studies have shown that marijuana has the potential to provide
medicinal relief, such as reducing pain or increasing appetite. In
addition, patients with debilitating diseases such as cancer and AIDS
have said smoking marijuana helps alleviate nausea and calm pains from
nerve damage.

Oxycontin, Vicodin and Demerol are legal, FDA-approved opiate
painkillers that are commonly prescribed to patients who would qualify
for marijuana if Prop. 203 passes.

According to the U.S. Drug Enforcement Administration, prescription
pills are the fastest growing drug problem in the U.S. second to
marijuana. It exceeds methamphetamine and cocaine. In Arizona, one in
five teens have reported abusing prescription drugs, said Ramona
Sanchez, spokesperson for the DEA Phoenix division.

Prop. 203 supporters say marijuana is safer because people can die
from prescription pill overdose, but not from marijuana overdose.

Opponents say patients should stick to legal painkillers, because
there isn't enough research to show the benefits of marijuana outweigh
the negative effects.

Bottom line: Studies have shown that marijuana could provide some
medicinal relief to patients with certain serious medical conditions.
By federal standards, marijuana is not a safe drug.

Q: Would qualified patients be arrested for driving under the
influence of marijuana?

A: Prop. 203 does not authorize patients to operate a car, aircraft or
motorboat under the influence of marijuana.

Under the Arizona Legislative Council's analysis of Prop. 203,
patients would not be considered to be under the influence of
marijuana just for having the drug in their system, as long as the
concentration was deemed insufficient to impair them.

If a driver was pulled over, police would verify his or her patient
status by running the driver's identification through an electronic
database managed by the health department.

Although there is no device to immediately detect whether a person is
high on marijuana, police have ways to tell whether he or she is
impaired by alcohol or other drugs, said Sgt. Steve Martos of the
Phoenix Police Department. Police can conduct field-sobriety tests
specific to drug use and can draw blood. If the blood tests positive
for marijuana, police can obtain probable cause to investigate further.

Prop. 203 shields patients from arrest for possessing marijuana, as
long as they don't have more than the 2= ounces allowed under the measure.

Q: Who would grow the marijuana? Would anyone inspect
it?

A: Dispensaries could grow marijuana and cultivate their own seeds in
enclosed, locked facilities with security devices.

Dispensary operators would need to identify cultivation facilities in
their applications. All cultivation of a dispensary's marijuana must
take place at that facility.

Qualifying patients could grow up to 12 marijuana plants in enclosed
and locked facilities for their own use if they live farther than 25
miles away from a dispensary. Dispensaries are subject to "reasonable
inspection" by the health department, as long as they receive
"reasonable notice."
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MAP posted-by: Matt