Pubdate: Sat, May 1 1999 Source: Oregonian, The (OR) Copyright: 1999 The Oregonian Contact: 1320 SW Broadway, Portland, OR 97201 Fax: 503-294-4193 Website: http://www.oregonlive.com/ Forum: http://forums.oregonlive.com/ Author: Patrick O'Neill, The Oregonian staff MEDICAL MARIJUANA CARD WILL COST $150 PER YEAR The Oregon Health Division Approves The Fee To Help Pay The Costs Of Administering The Program For Those Who Have A Certified Need For The Drug People who smoke marijuana to ease their pain and nausea will have to pay $150 a year for an Oregon registration card. The cards exempt medicinal marijuana users and their helpers from state laws against owning and raising marijuana. The fee, approved this week by the Oregon Health Division, is part of the bureaucratic machinery to implement a law passed by voters in November allowing seriously ill people to use marijuana. The Health Division's registration process goes into effect today. However, Oregonians have been able to use marijuana for medicinal purposes since December without fear of violating state law, even without a card. The fee will generate $75,000 if 500 marijuana users sign up -- the number that health officials estimate will take advantage of the program at any one time. But that's still short of the amount needed to fully finance the program's $105,000 annual budget. The budget includes financing for a full-time employee to run the program. Dr. Grant Higginson, Oregon state health officer, said that in case of a shortfall, the Health Division will have to absorb the additional cost. He said it's hard to estimate the costs and number of people who will participate because no state has ever administered a medical marijuana program before. Medical marijuana is legal under California law, but the state doesn't register participants. Kelly Paige, coordinator of the Health Division's Medical Marijuana Program, said her office had received 105 requests for registration cards that grant immunity from state laws against using the drug. Under the law, people who have certain debilitating medical conditions, including cancer, AIDS, glaucoma, seizures, pain and nausea, can use marijuana to ease their discomfort. The law works like this: The patient must fill out an application to participate in the program. The patient's attending physician must complete a separate form specifying that marijuana might mitigate the patient's symptoms. The application must include a copy of the patient's photo identification, such as an Oregon driver's license. If the patient plans to use a helper to cultivate marijuana, the helper also must supply identification and receive a card. The information is sent to the Health Division along with the $150 fee. The Health Division sends registration cards to both the patient and the patient's helper, if the patient needs one. The cards exempt both the patient and the helper from state laws prohibiting the possession and cultivation of marijuana. Possession and cultivation are still violations of federal drug laws, however. Under Oregon law, the patient cannot possess more than a total of three mature marijuana plants, four immature plants and 1 ounce of usable marijuana for each plant. The law doesn't specify how a patient is supposed to obtain marijuana seeds for planting. Sale of marijuana is still illegal under both state and federal law. But proponents of the measure have said they expect that people who previously used marijuana illegally will give seeds or young plants to new patients free of charge. Dr. Rick Bayer, a Lake Oswego resident and principal sponsor of the measure, said he thinks the Health Division "has tried to be very fair" in writing the regulations. "They have to charge a fee to cover the cost of the program," he said. Bayer said people who know how to grow marijuana have told him that under limitations imposed by the law, a program participant could harvest up to 3 ounces during one three-month growing cycle from plants grown indoors. But he said that quantity might not be enough for some patients, particularly if they use a new vaporizing technique instead of smoking marijuana in a hand-rolled cigarette. Vaporizors heat marijuana to about 190 centigrade, a point at which the active cannabinoid substances are released into the air. He said the advantages of vaporizers are that they don't cause the marijuana to burn. Inhaling smoke is more irritating to lung and bronchial tissue than the cannabinoid vapors themselves, he said. "I think it would be more healthy than inhaling the smoke, but I don't have any data to support that," Bayer said. The drawback is that the technique uses three to four times as much marijuana by weight to have the same therapeutic effect as smoking a marijuana cigarette, he said. Depending on its success, Bayer said, the new technique might prompt lawmakers to consider increasing the amount of usable marijuana that a patient can keep. Meanwhile, Oregon legislators are considering a bill that would eliminate the so-called "affirmative defense" aspect of the law. In its present form, the law doesn't specifically require medicinal marijuana users to obtain a state permit to possess the drug. Instead, the law permits marijuana users who are arrested to raise medical necessity as a defense in court, even though they haven't applied for a permit. Oregon law enforcement officers have argued that the law is virtually impossible to enforce because of that feature. At the request of the Oregon Association of Chiefs of Police, Rep. Kevin Mannix, R-Salem, has introduced House Bill 3052, which would remove the affirmative defense provision of the law. Mannix's bill also would eliminate a requirement that law enforcement officers return marijuana seized from people who are authorized to possess it under the act. The measure is in the House Judiciary Committee. - --- MAP posted-by: Richard Lake