Pubdate: Sun, 02 Jun 2013 Source: Worcester Telegram & Gazette (MA) Copyright: 2013 Worcester Telegram & Gazette Contact: http://www.telegram.com/ Details: http://www.mapinc.org/media/509 Note: Rarely prints LTEs from outside circulation area - requires 'Letter to the Editor' in subject line. INTO THE WEEDS Marijuana Rules May Be Too Complex and Pricey Did you vote for Massachusetts' medical marijuana in November thinking that the new rules would be ushered in with mellow feelings, cordiality and a true meeting of the minds? If so, think again. On May 24, state health officials laid out a set of proposed rules that would govern the licensure and operation of medical marijuana dispensaries, as well as the people who use them. The financial rules follow a set of Department of Public Health guidelines that state how marijuana clinics must operate -- as nonprofit, "seed to sale" operations, subject to state rules and possible local licensure, fees and zoning rules and restrictions. The proposed financial rules include a fee structure that would require would-be dispensaries to pay a nonrefundable $1,500 initial licensing fee, followed by another $30,000 nonrefundable fee if they advance in the licensing process. Then, if successful, clinics would have to pay an annual $50,000 fee for a certificate of registration, as well as $500 for each agent they might use. And those in need of medical marijuana? In addition to fighting cancer or whatever potentially life-threatening disease makes them eligible to obtain marijuana to ease their suffering in the first place, patients would have to pay a $50 fee each year to remain in the medical marijuana program. Stepping back from all this, we foresee lots of trouble. For starters, many cities and towns have already slapped moratoriums on the siting of pot dispensaries, arguing that they need more time to evaluate their impact. It's a familiar theme: A majority of voters favor passage of a given law because, while difficult to enact, it seems just and necessary. But when it comes time to actually implement the law, no one wants any part of it. We have no quarrel with medical marijuana per se. Rather, our opposition to the November ballot measure was grounded in the fact that marijuana was not being treated as any other pharmaceutical agent, but singled out for special treatment, including a requirement that a system of cultivation and distribution be established that was financially self-sustaining. Really, was there any reason medical marijuana products could not be handled by existing pharmacies, all of which now handle pharmaceuticals that are far more powerful than pot, and, when misused, can be deadly? It is particularly distasteful to propose charging patients in need of medical marijuana an annual fee. Anyone who obtains a prescription of any kind may well have to pay something for their pills, depending upon their insurance plan. But charging an extra fee simply because the agent in question is marijuana strikes us as unfair and legally untenable. According to the Department of Public Health, the proposed fees and regulations are in line with what other states are charging. Perhaps so, but let us not forget that these new rules are being proposed by an agency that has had two major public-health disasters recently. DPH couldn't manage to keep tabs on the Framingham compounding pharmacy whose products are believed to have led to dozens of deaths, in spite of warnings about that pharmacy's behavior. And DPW failed to curb the actions of former lab chemist Annie Dookhan, whose misstatements on her resume and suspiciously fast work habits went unchallenged for years, leading to a legal nightmare that has resulted in the release of hundreds of offenders and will cost taxpayers millions of dollars. As for other states, Colorado's marijuana rules, signed into law this week, have already been challenged in court, as publishers of marijuana magazines object to their products being treated as if they were pornography. And in California, marijuana clinics continue to exist in a legal gray zone, sometimes subject to federal prosecution in spite of complying with all state rules. The DPH has set a public hearing on the proposed fees for 1 p.m. June 14 at its offices at 250 Washington St., Boston. We encourage those affected by these fees and rules to urge that simplicity, fairness and legal clarity inform each step of the process. We disagreed with November's ballot proposal, but the voters have spoken. Respecting their will means making it legal and affordable for those in need to obtain medical marijuana when so prescribed by their physician. It should not mean erecting an impossibly expensive and complex bureaucracy. Unfortunately, it appears that is exactly what Massachusetts is about to do. - --- MAP posted-by: Jay Bergstrom