Pubdate: Wed, 4 Nov 1998
Source: Oregonian, The (OR)
Contact:  http://www.oregonlive.com/
Copyright: Oregon Live
Author: Patrick O'Neill and Maxine Bernstein

MEDICAL USE OF MARIJUANA LOOKS LIKELY

In partial returns, voters were rejecting recriminalizing the drug, but were
approving its use by people with debilitating illnesses

An Oregon initiative to allow sick people to use marijuana as medicine
appeared to be passing late Tuesday. At the same time, voters resoundingly
decided that those who possess small amounts of the drug for recreational
purposes should not face criminal penalties.

Oregon is one of five states plus the District of Columbia where voters were
considering marijuana for medical purposes. Arizona, Washington state and
Nevada said yes to medical marijuana, while Alaska and District of Columbia
figures were unavailable.

If the medical marijuana measure passes, sick Oregonians would have to wait
at least until May 1 before they could register with the Oregon Health
Division to use marijuana as medicine. But as early as Dec. 3, the law could
be used as a defense in court by anyone who was qualified to use the drug
and who was cited for using it.

The Measure 67 initiative would allow Oregonians who have debilitating
illnesses, including cancer, AIDS and multiple sclerosis, to keep seven
marijuana plants and 1 ounce of usable marijuana per plant. Under the
measure, sick people whose doctors have recommended marijuana would register
with the Health Division. The agency would issue identification cards that
would exempt them from most state anti-marijuana laws. The measure, if it
passes, would go into effect Dec. 3 and would permit people who had not yet
received a registration card to raise the issue of medical necessity in
court.

That would be an important factor for people who would want to use marijuana
as soon as possible. The measure gives the Health Division until May 1 to
develop the proceedures necessary to administer medical marijuana
regulations.

Although the measure permits the use of marijuana, it leaves unanswered the
question of where patients could obtain it. Patients cannot buy marijuana
legally. Even with passage of the measure, it would be illegal to sell
marijuana, including for medicinal purposes.

Dr. Rick Bayer, a principal sponsor of the measure, said he thinks patients
who are now using medicinal marijuana illegally would  voluntarily share
their plants with others.

"What we would hope is that there would be people who would be willing to
help these individuals," he said. "We would facilitate patients talking to
patients."

Bayer predicted that patients in cancer support groups would discuss the use
of marijuana and would share the drug.

Police would need new strategies

The medical marijuana measure leaves law enforcement officers with
unanswered questions. They say the measure, if it passes, would force them
to rethink their marijuana enforcement strategies. Michael Schrunk,
Multnomah County district attorney, said police would have to investigate
each marijuana possession case more thoroughly. Before deciding to prosecute
a marijuana case, he said, they'd have to come up with evidence that the law
wasn't applicable. Schrunk said, however, that his office would not back off
from prosecuting illegal use of marijuana.

Voters defeat Measure 57

Meanwhile, voters Tuesday voters defeated a measure that would have
stiffened the penalty for people convicted of possessing less than an ounce
of marijuana. By a 2-to-1 ratio, voters blocked a legislative attempt to
raise possession of less than an ounce of marijuana from a noncriminal
violation, on par with a traffic ticket, to a criminal misdemeanor,
punishable by a maximum of 30 days in jail and a $1,000 fine.

Opponents of Measure 57 had argued that it would not deter young people from
using drugs and that the money spent to implement it could be used more
wisely on drug-treatment programs. A state fiscal impact committee estimated
that recriminalizing marijuana would cost the state and county governments
$1.42 million annually. That figure includes the cost of court operations,
jury payments, indigent defense and county costs for local jail beds.
Proponents said the state needed to crack down on marijuana use and send a
strong message to youths that marijuana use is harmful.

In 1973, Oregon became the first state to remove criminal penalties for
possessing less than an ounce of marijuana. Last year, the Legislature
passed a bill to recriminalize marijuana, and Gov. John Kitzhaber signed it.
But petitioners collected more than 90,000 signatures to block the bill from
becoming law, sending it to voters Tuesday.

"I think finally our message that this was a fiscally irresponsible measure
got across. I think Oregonians after 25 years have realized that having less
than an ounce of marijuana a noncriminal offense has caused no harm to our
society," former state Rep. George Eighmey, D-Portland, said Tuesday night.

"I suspect there will be continued efforts to recriminalize," said Multnomah
County Sheriff Dan Noelle, who favored Measure 57.

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Checked-by: Rolf Ernst