Pubdate: Fri, May 07 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 MARIJUANA LAW IS PROVING TO BE A PAIN Sufferers who want to try Oregon's new program find it hard to get a doctor's approval or the drug Lil Dunham will try just about anything to make the pain go away. During the past few years, the discs that cushion the bones in her spine have collapsed. Now those bones feel as though they're scraping each other. And the pain is excruciating. Dunham says neither her primary physician nor a pain specialist has been able to bring her much comfort. "My life is just kind of miserable," she said. Dunham, who loves to garden, hasn't been able to get out of her tidy mobile home much in the past three years. The 80-year-old Newberg woman said she's even ready to try smoking marijuana if that would help. After all, a new Oregon law allows her to use the drug. But she's run into two big problems: She can't find a doctor who'll approve marijuana as a treatment. The law requires a doctor's permission for a patient to join the program. She doesn't have any idea where to get marijuana. Those two difficulties are proving to be a brick wall for many Oregonians who would like to join the state's medical marijuana program. Dunham is one of more than 250 people who have telephoned the Oregon Health Division's Medical Marijuana Program since it officially opened for business on Monday. Kelly Paige, who manages the program, is stunned by the volume of calls. "It takes me two hours every day just to collect the voice-mail messages," she said. Paige said Dunham's complaints are common to many. "Some people are having difficulty finding a physician to work with," she said. "Some ask, 'Where do I get the seeds to start growing marijuana?' " Paige's hands are tied. Her office doesn't keep a list of doctors who would authorize marijuana for patients. And as for finding the marijuana, patients are on their own. Under Oregon law, medicinal marijuana users face a kind of Catch-22. On one hand, state law permits people who have debilitating medical conditions to use marijuana. On the other, it bans the sale of marijuana. Supporters of the medicinal marijuana law have said they expect that people who previously used marijuana illegally will give plants to patients free of charge. But Dunham, who's smoked cigarettes, says she's never used marijuana before and doesn't know anybody who does -- either legally or illegally. New guidelines may help Dr. Rick Bayer, a physician who was a principal sponsor of the medical marijuana act, said he thinks doctors will become more willing to participate when they learn about the guidelines issued by the Oregon Medical Association. The association published guidelines in late April outlining ways that doctors can help patients participate in the law without running afoul of federal drug regulations. Bayer also expects that it will become easier in the future for patients to obtain marijuana by joining support groups for cancer and pain. Jim Kronenberg, associate executive director of the OMA, said even doctors who think marijuana might be beneficial will be cautious in recommending its use. While using medicinal marijuana is legal under Oregon law, it's still illegal under federal law. And the federal government, through the Drug Enforcement Administration, regulates doctors' prescription privileges. Doctors can't prescribe it Under the new law, doctors don't prescribe marijuana. They only note on a patient's chart that marijuana might help the symptoms. Patients like Dunham are left to fend for themselves. And while Paige is sympathetic, she can't help. "Your heart goes out to them," Paige said. "They've been on every painkiller there is, and none of them work." Callers who leave their names and addresses on Paige's answering machine will receive an application packet with a copy of the medical marijuana act, the Health Division's rules, application forms and the guidelines for filling them out. Callers are from all walks of life, Paige said. "Some people are still able to work, some are disabled completely. Some are people who thought they'd never get involved with this (marijuana) -- law enforcement and corrections officers and people who have been in the military." Patients at the Portland Veterans Affairs Medical Center face a special barrier. Because the federal government views marijuana as an illegal drug, doctors there can't approve its use. Meanwhile, Dunham questions the hurdles put up by the law. "It's not fair," Dunham said. "I want it for pain. I don't want it for enjoyment like the young people do. Doctors are so fussy about your getting addicted. And so what if I did, at 80 years old?" - --- MAP posted-by: Derek Rea