Pubdate: Sun, 03 Nov 2013 Source: Arizona Republic (Phoenix, AZ) Copyright: 2013 The Arizona Republic Contact: http://www.azcentral.com/arizonarepublic/opinions/sendaletter.html Website: http://www.azcentral.com/arizonarepublic/ Details: http://www.mapinc.org/media/24 Author: E. J. Montini OFFICIALS DENY AILING CHILD USE OF MEDICAL MARIJUANA OIL Jennifer Welton asks me to imagine something I cannot imagine. Something no parent could imagine. "What if there was a medicine available to help your sick child, and you are being told if you use it you'll be arrested?" she said. "And then, if you get arrested, maybe this child and your other children will be taken away from you." This is not something she imagines. For Jennifer and her husband, Jacob, this is reality. The couple's 5-year-old son, Zander, suffers from a medical condition that causes debilitating seizures. He also has autism. After putting the boy through several surgeries and trying a number of experimental medications, the Weltons explored the possibility that Zander's condition might be improved if he were to ingest the extract from marijuana. With that in mind, Zander's parents got him certified as a medical-marijuana cardholder in Arizona so he could receive regular dosages of cannabis oil. The extract worked. Zander got better. Then, the couple were told they couldn't purchase it anymore. "We found out the state and the county prosecutor say it is illegal," Jennifer said. "We have jobs and other kids. We can't risk getting arrested. If something like that were to happen, we worry that Child Protective Services would get involved and maybe take our children away. It's a really tough spot. It seems crazy to us." It seems crazy as well to the American Civil Liberties Union, which filed a lawsuit on behalf of Zander. The hope is that a court will allow him to use the extract. Maricopa County Attorney Bill Montgomery is named in the suit. His office isn't commenting on the case, but the paperwork accompanying the suit includes a document saying Montgomery believes the extract to be illegal. Essentially, Arizona's medical-marijuana act doesn't mention extract, only dry ounces of the actual plant. So, how are police or prosecutors to determine the legality or illegality of whatever amount of extract a person possesses? "Ultimately, that is a question of regulation and implementation," said ACLU attorney Emma Andersson. "That's the traditional job of a regulator. There are ways a regulator could determine such limits. Instead, what they're trying to do is use the possibility of prosecution to reverse the will of the voters. The intent of the law is pretty clear. The voters approved the use of medical marijuana." Not all patients smoke their medical marijuana. For example, there are patients who blend the plant material into a smoothie. "Is there any way for County Attorney Montgomery to go into that smoothie and determine the amount of dry marijuana that was used?" Andersson said. "These aren't questions for prosecutors. At the dispensaries, every patient's history is included. They are only permitted to purchase a certain amount. The same could be done with the extract." The county prosecutor, along with Gov. Jan Brewer and other politicians, is not a fan of the medical-marijuana law. They have been more than willing to make implementation as difficult as they can. Doing so plays to their political base. Jennifer and Jacob Welton, on the other hand, aren't political people. They're parents. They have a son who suffers, and there is a substance that has helped him, and they can't get it. That's all they know. "When people hear about this, they are very supportive of us," Jennifer said. "People from all over have been really kind in their comments to us about how they wish us the best and would love to help us and so on. We wish we could work something out without the courts being involved, but I guess not." Even before the legal issue flared up, the Weltons sought help in paying for the extract. The dosage Zander requires costs about $300 a week and, unlike the approved medications that didn't work, it is not covered by insurance. Paying for their son's treatment would have been difficult enough for Zander's parents to manage. Having Arizona public officials make her family's ordeal even more difficult is something Jennifer could not have imagined. She can now. - --- MAP posted-by: Jay Bergstrom