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. - --- MAP posted-by: Richard Lake