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

MEDICAL MARIJUANA LOOKS LIKELY

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 Wednesday, November 4 1998

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
procedures 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: Rich O'Grady