Pubdate: Tue, 2 Mar 1999
Author: Mark Sabbatini
Source: The Juneau Empire (AK)
Copyright: 1999 Southeastern Newspaper Corp
Contact:  3100 Channel Drive, Juneau, AK 99801
Website: http://www.juneauempire.com/

MEDICAL MARIJUANA LEGAL ON THURSDAY

Don Schmiege is spending more of his Hawaiian vacation seeing doctors than
tourist sites. But there is some comfort in knowing that by the time he
gets home he'll be able to relax -legally - with some marijuana.

A law legalizing marijuana for medical purposes takes effect Thursday, and
72 year-old Schmiege, a retired Juneau biologist, is among those intending
to quickly seek a doctor's permission to use the drug. He said nagging pain
in his chest and neck has been a constant problem for the past three years
because of accidents that injured his neck.

"I think it's going to be just a great opportunity for people who are in
lots of pain to get some relief," he said.  The only alternative offered by
doctors is morphine, which has a disorienting effect, Schmiege said.

Nearly 60 percent of voters approved an initiative last fall establishing
the new law, which supporters said allows the best pain relief from serious
ailments such as cancer, glaucoma and AIDS. Opponents argued current
prescription drugs are sufficient, legalization sends a bad message to
children and recreational users may illegally benefit by raiding patients'
supplies.

The law legalizes use and possession for patients with specially defined
conditions, if a physician also certifies marijuana is a legitimate
treatment. Buying and selling marijuana remains illegal, however, which
some officials said could be a minor problem.

"What one can expect to occur is that patients set up networks," said David
Finkelstein, campaign manager for Alaskans for Medical Rights, a group
supporting the new law.

He estimates several hundred Alaskans will seek permission to use marijuana
legally.  Physicians can recommend the substance as a legitimate treatment,
but not prescribe it.

A registry of approved patients will not be processed by the state until
June 1, so patients caught before they are registered will have to go to
court to show they meet the requirements of the new law, said Kristen
Bomengen, an assistant attorney general for the state Department of Law.

She said patients in the registry will receive identification cards
allowing them to keep one ounce of marijuana, or grow six plants (three of
which can be flowering), without being arrested. The registry is
confidential, but because it is available to law enforcement to ensure
cards aren't abused, some patients, such as those with AIDS, might avoid
it, Bomengen said.

"One doesn't have to register," she said. "It's available for the ease of
the patients, those who are uneasy of being accused of illegal activities."

Some are worried they won't meet the requirements of the new law, even
though marijuana is the best treatment available for them.

A 33-year-old woman, who asked not to be identified because she is using
the drug illegally, said she has a precancerous stomach condition among
other ailments. She said marijuana is the only way she can control her
nausea and maintain an appetite, but is having trouble finding a doctor who
will declare her eligible to use the substance legally.

"As far as doctor-wise, I don't think anything is going to happen right
now, which is not to say I won't take care of it myself," she said.

Application cards will be issued on an annual basis and must be turned in
within 24 hours if a physician determines a patient no longer needs marijuana. 
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