Pubdate: Thu, 3 Dec 1998
Source: Oregonian, The (OR)
Contact:  http://www.oregonlive.com/
Copyright: 1998 The Oregonian
Author: Patrick O'Neill of The Oregonian staff

MEDICAL MARIJUANA LEGAL TODAY

Laws approved by voters in Oregon and Washington to help relieve pain and
suffering go into effect

Beginning today, desperately ill people in Oregon and Washington can legally
smoke marijuana to relieve their symptoms.

Because of laws voters approved last month, users of medical marijuana can
claim immunity from prosecution under the states' drug laws.

The new laws allow people who have certain debilitating diseases, including
cancer and AIDS, to use marijuana to ease pain and nausea.

In Oregon, most of the bureaucratic machinery that will be used to regulate
the use of medical marijuana won't be in place for months. The state Health
Division is responsible for issuing registration cards to the marijuana
users and their caregivers, but the system won't be set up until May.

Until then, the law, which takes effect today, provides a legal loophole for
users of medical marijuana who are arrested and charged with drug law
violations.

The law provides an "affirmative defense" to criminal charges of possession
or production of marijuana for anyone who otherwise would qualify to receive
a state registration card, says Peter Cogswell, a spokesman for Oregon
Attorney General Hardy Myers.

Cogswell said that although the registration card will grant the person who
carries it an exemption from criminal law, the affirmative defense is a
legal maneuver that is used after criminal charges already have been
brought.

Law enforcement agencies are struggling to figure out how to enforce laws
against casual use of marijuana while permitting medicinal use.

Myers has convened a group of law enforcement and medical representatives to
draw up a protocol for handling medical marijuana cases. Cogswell said that
by next week the group plans to have a list of guidelines for law officers
to follow when they encounter someone who claims to be using marijuana for
medical purposes.

Dr. Rick Bayer, a Lake Oswego resident and principal sponsor of the measure,
said patients who are considering using marijuana should first talk to their
doctors.

"The patients may need to educate their doctors about medical use of
marijuana," Bayer said. "It will be imperative that the patient educate the
doctor. That education won't be coming from Eli Lilly or Merck," two large
pharmaceutical companies.

Bayer said any patients or doctors who want information about medical uses
for marijuana can contact Oregonians for Medical Rights, the group that
promoted Measure 67, which legalized the drug for medical use. He suggested
contacting the organization through its Web site (www.teleport.com/~omr) or
its toll-free telephone number, 1-877-600-6767.

The laws in both states permit marijuana to be used by anyone who has been
diagnosed with a "debilitating medical condition" and who has been advised
by an attending physician that marijuana might help alleviate symptoms.
Those conditions include cancer, AIDS, multiple sclerosis and glaucoma as
well as severe nausea associated with chemotherapy.

People who are younger than 18 can use medicinal marijuana on the advice of
their doctors, with the consent of parents or guardians.

Oregon and Washington laws differ on the legal mechanics and on the amount
of marijuana a patient can possess.

While Oregon's law establishes a registration card system, Washington
residents will have to show law officers a letter from their physicians or
copies of their medical records.

Oregon law allows a patient to cultivate a maximum of three mature and four
immature marijuana plants and one ounce of usable marijuana per plant.

Washington law specifies only that a patient can keep a 60-day supply of
marijuana.

Both states permit a designated caregiver to raise and process marijuana for
the patient.

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Checked-by: Don Beck