Pubdate: Tue, 14 Aug 2012 Source: Portland Daily Sun (ME) Copyright: 2012 The Portland Daily Sun Contact: http://portlanddailysun.me/ Details: http://www.mapinc.org/media/5257 Author: David Carkhuff STATE'S MEDICAL MARIJUANA RULEMAKING COMES UNDER FIRE A legislator who championed amendments to Maine's medical marijuana law as a way to bring it in line with voter intent said she hopes the state doesn't make the same mistakes again. After a public hearing Monday on a controversial rule making that's now underway, Rep. Deb Sanderson, R-Chelsea, said the state should not implement rules that are more restrictive and divergent from the intent of the citizen's initiative legalizing medical marijuana passed in 2009. "Hopefully the department will take into serious consideration much of the compelling testimony that was put before them," Sanderson said Tuesday, a day after a hearing in Augusta where a crowd testified about proposed rules regulating medical marijuana. Republican Reps. Heather Sirocki of Scarborough and Sanderson, along with Democratic Rep. Mark Dion, have called for a group of stakeholders to meet and develop rules that would follow the intent of Maine's medical marijuana law. This isn't the first time legislators have steered the law back to its original intent, Sanderson said. "We've been here before," she said. The goal now is for state officials to sit down with stakeholders, "folks that are in the industry, patients, physicians," Sanderson said, "so when the rules do come out in their final form, they're a clear reflection of the intent of the legislation." Concerns with the proposed rules were raised at a public hearing on Monday by the Maine Department of Health and Human Services and its Division of Licensing and Regulatory Services, which manages the Maine Medical Use of Marijuana Program. The Division of Licensing and Regulatory Services will accept written comment on the marijuana rule changes until Thursday, Aug. 23. "Over 175 people packed the State House on Monday to express discontent, grief and sometimes anger with proposed restrictions on the ability of patients and caregivers to legally cultivate medical marijuana," reported Hillary Lister, an advocate for medical marijuana use in Maine. In a statement, Lister said the proposed rules "would severely restrict the ability of patients to legally cultivate their medicine outdoors. Cultivation would not be allowed within 25 feet of any property boundary, and plants would be required to be enclosed by an 8 foot privacy fence, with motion sensitive lighting. The site would have to be at residence where the grower is living, and the department could require unspecified 'other security measures' at any time." Sanderson, the sponsor of Maine's 2011 Medical Marijuana bill, LD 1296, said the example of the 8-foot fence illustrated problems with the proposed rules. "Let's be realistic, most fences that we purchase are 6 feet standard. We're talking about patients that want to cultivate their own because they can't afford to go to a dispensary," and purchase of a special-order fence would be an extra financial burden, she said. Lister said the proposed rules would also create "major substantive changes to Maine's medical marijuana law by adding classes of Maine patients prohibited from cultivating for themselves, including those who are homeless, in hospice, or legally defined as incapacitated." Dr. Dustin Sulak, medical director at Maine Integrative Healthcare based in Hallowell and Falmouth, told DHHS many of the rules may bring unintended consequences. Sulak questioned many of the specific regulations proposed, including the 8-foot fence, security lights, and perhaps, "other security measures required by the department," and wondered if they will "actually increase the risk of medical marijuana-related crime." "For example, in a neighborhood with no fences higher then 6 feet, an 8-foot fence would stand out like a target," Sulak said. "Additionally, erecting such a fence would likely be cost prohibitive to many patients. Requiring such a fence be at least 25 feet from property boundary lines would likely discriminate against patients with small lots. Security lights may interrupt the flowering cycle of cannabis plants that require periods of darkness and compromise the quality of the medicine." Sulak said Maine Integrative Healthcar cares for thousands of patients, most of whom are certified under state guidelines for the medical use of cannabis, and he said he has petitioned for the addition of other debilitating conditions for treatment by medical marijuana. Efforts to contact the DHHS Division of Licensing and Regulatory Services for comment were unsuccessful. For more information about the rulemaking, visit http://www.maine.gov/dhhs/dlrs - --- MAP posted-by: Jay Bergstrom