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Greenbud

Revisions to medical marijuana law polarize sides

One side sees criminals; the other sees pained patients

CRYSTAL LUONG | Statesman Journal | August 12, 2004

Consensus talks recently broke down between medical-marijuana advocates and statewide law enforcement, setting up a potential voting-season battle this fall.

The latter said they withdrew after it became clear that no consensus would be reached on the Oregon Medical Marijuana Act.

Benton County District Attorney Scott Heiser, representing law enforcement, said some medical-marijuana advocates were “driven by a desire to legalize the drug … using the medical-marijuana act to try and advance their ‘cause.’ ”

Advocates express disappointment at the outcome of the almost yearlong meetings.

“Law enforcement views us as criminals, not patients,” said Madeline Martinez, executive director of the Portland-based Oregon National Organization for the Reform of Marijuana Laws.

“Here, we’re volunteers,” said Martinez, who also has been a medical-marijuana patient for almost five years. “They take us to the end, and then say, ‘We don’t want to play.’”

As the breakdown surfaced, revisions to the state’s medical-marijuana act, Measure 33, had qualified for the November ballot.

Law enforcement expressed frustration toward the pro-medical-marijuana faction that was unilaterally collecting signatures for Measure 33 while consensus talks occurred.

“A lot of people tried, put a lot of time into this,” Heiser said. “For what? So Measure 33 could get on the ballot?”

During talks, advocates and law enforcement refused to compromise on two key issues addressed in Measure 33: multiple-growth sites and caregiver compensation.

OMMA, in effect since 1998, does not limit the number of patients for whom a caregiver can grow, but any monetary exchange between patients and caregivers is illegal. Caregivers can possess up to seven plants, three mature and four immature, per patient.

More than 10,000 patients have registered in the Oregon Medical Marijuana Program since it began.

Although abuse cases at multiple-growth sites have created a concern for law enforcement, advocates argue that multiple grows make economic sense, considering the high costs of production.

Martinez said energy bills for her indoor growth alone average about $300 per month.

Measure 33, also known as OMMA 2, notably would increase availability and patient possession of medical marijuana.

The measure would create licensed dispensaries, or state-regulated nonprofit entities that could distribute medical marijuana to patients.

It also would allow a qualified patient to possess up to 6 pounds of medical marijuana per year.

The goal of the failed legislative advisory committee was to seek compromise on such issues and produce a consensus bill for the 2005 Legislature.

“It was a committee hoping that opposing views would reconcile,” Heiser said.

Sen. Bill Morrisette (D-Springfield), Senate Committee on Health Policy chair, called for the group after the failure of House Bill 2939, a proposal by the Oregon Narcotics Enforcement Association. He requested that the Department of Human Services arrange and mediate meetings.

DHS Public Health Officer Dr. Grant Higginson, who will submit a full committee report to Morrisette within the next couple of weeks, said it was clear since the first meeting in November 2003 that few agreements would be reached.

The only issue that both sides agreed on was providing 24-hour verification information to state and local law enforcement, which can be accomplished administratively, said Mary Leverette, committee member and OMMA acting program manager.

HB 2939 had pushed for an all-access grow-site database for law enforcement and sought to disqualify anyone with a prior drug conviction from the program and force applicants to undergo an education course.

Those issues never were ironed out, but DHS presented a potential consensus draft before a scheduled June 28 meeting.

Advocates thought progress was hopeful.

“All Oregon medical marijuana advocates said they would take it (the draft) at face value,” said Dr. Richard Bayer, OMMA chief petitioner.

But Heiser, who said he had expressed frustrations since January, wrote to DHS on June 23 to announce law enforcement’s withdrawal.

“We wanted to explore the process fully to make sure we weren’t pulling out early,” Heiser said. “There was no consensus on anything material.

It is too early to predict the effects of the communication breakdown, but the future of patients statewide could now depend on whether Measure 33 passes and if the 2005 Legislature chooses to revise OMMA, Higginson said.

Debates between advocates and law enforcement is expected to reach the polls this fall.

Advocates plan to shift their efforts to Measure 33.

Consensus that they sought in failed talks have surfaced in the November initiative. It includes:

*Permitting transportation of medical marijuana on public roads;

*Qualifying naturopathic physicians and nurse practitioners as attending physicians;

*Allowing reciprocity of medical marijuana laws with other states; and

*Preventing patient registration from constituting cause for employment termination.

Heiser, who plans to support Measure 33’s organized opposition, cited specific concern for the measure’s proposal to increase allowable possessions and formation of dispensaries.

“Voters will decide whether Oregon will be the most liberal state in the nation,” Heiser said.

Bayer asserted that Measure 33 is about patient protection and not drug legalization.

“Oregon medical marijuana advocates want marijuana to be treated like other medicines,” he said.

Heiser, however, called the reasoning a defense for legalization.

“The reality is that it’s just rhetoric to advance a cause,” Heiser said.

[Greenbudnote: The reality is...the antis have latched onto this "medical marijuana is a front for outright legalization" idea and use it to discourage voters from passing any bills regarding MMJ. Although the marijuana community (recreational and medical) sees nothing wrong with outright legalization, the antis know that the majority of the public takes issue with that idea. This is the new propaganda speech that is trickling down from Washington and has been influencing a lot of the debates to turn in favor of the prohibitionists. While most Americans think that medical marijuana should be allowed, far less believe that it should be legalized for recreational use. The propaganda wheels have been greased yet again.]

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xxdr_zombiexx

“Voters will decide whether Oregon will be the most liberal state in the nation,” Heiser said.

He uses the word "liberal" as the GOP and their wingnut echo chamber use it -as a denigrating term. Marijuana reform is "liberal" - how about that?

Benton County District Attorney Scott Heiser is another scum-sucking reefer mad republican doing exactly what republicans always do: oppose marijuana in any and every form.

He hasn't had cancer yet.

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Fear became the ultimate tool of this government - V.

xxdr_zombiexx

Law enforcement officials halt medical marijuana talks
www.registerguard.com | The Associated Press | August 13, 2004

SALEM - A committee formed to give legislators some guidance on medical marijuana issues has disbanded, after talks broke down between law enforcement authorities and medical marijuana supporters.

Benton County District Attorney Scott Heiser said his side pulled out because supporters of medical marijuana seemed primarily interested in wholesale legalization of the drug, a charge advocates deny.

Marijuana has been legal for medical purposes in Oregon since 1998.

``Law enforcement views us as criminals, not patients,'' said Madeline Martinez, executive director of the Portland-based Oregon National Organization for the Reform of Marijuana Laws.

Department of Human Services Public Health Officer Dr. Grant Higginson, who will submit a full committee report to state Senators within the next couple of weeks, said it was clear since the first meeting in November 2003 that few agreements would be reached.

The group was convened after the failure of a bill in the 2003 legislative session that would have created an all-access grow-site database for law enforcement. Under the bill, anyone with a prior drug conviction would have been disqualified from the program, and applicants would have been forced to undergo an education course.

Even as the committee was meeting though, medical marijuana advocates were collecting signatures for a measure on the November ballot, which would increase the availability of medical marijuana.

That effort threw a wrench into the talks, and both sides found themselves unable to agree on two key issues: multiple-growth sites and caregiver compensation.

The state's existing medical marijuana law does not limit the number of patients for whom a caregiver can grow, but any monetary exchange between patients and caregivers is illegal. Caregivers can possess up to seven plants per patient.

Abuses of the system at multiple-growth sites have been a growing concern for law enforcement.

But advocates argue that multiple grows make economic sense, considering the high costs of production.

The upcoming ballot measure would create licensed dispensaries, or state-regulated nonprofit entities that could distribute medical marijuana to patients.

It also would allow a qualified patient to possess up to 6 pounds of medical marijuana per year.


[zombienote: I say he shut things down to stave off the succes of the initiative. The People want medical marijuana. The People should have it - it's a simple concept.

Law enforcement should shut the hell up about marijuana laws and butt out of the process. It's nothing but capricious and mean-spirited interference across the board.

And any discussion of plant limits or personal stash quantity is stupid. If a person cooks with it they will likely need more than 6 pounds.]

PotShot

Consensus that they sought in failed talks have surfaced in the November initiative. It includes:

*Permitting transportation of medical marijuana on public roads;

*Qualifying naturopathic physicians and nurse practitioners as attending physicians;

*Allowing reciprocity of medical marijuana laws with other states; and

*Preventing patient registration from constituting cause for employment termination.

I found that last one to be interesting. Hard to imagine companies not whiz quizzing their employees... what would the testing companies do? They would lose a large amount of business. Hmm, they still have the government.

I was under the impression that talking to a person, and observing them was the best way to judge performance. Why would someone need the knowledge of my urine's chemical makeup? It goes hand in hand with the "drugged driving" concept. Both of which look only at chemicals, and not impairment.

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