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New Vermont law gives medical marijuana users a legal choice
Return To OnlinePot's
Legal Section Main Page
3:49 AM, Jun. 3, 2011
MONTPELIER -- For Sue Thayer of East Wallingford, a new law that allows four
medical marijuana dispensaries to be set up in Vermont comes long after she was
busted for growing cannabis. She was growing it to help her ailing son cope with
weight loss and poor appetite as he waited for a new kidney.
Still, she and Max, who has that new kidney now, joined a celebration Thursday
at the Statehouse as Gov. Peter Shumlin signed legislation that should prevent
anyone else from the cruel choice Sue Thayer said she faced.
In 2006 and 2007, Sue Thayer, a master gardener, planted a plot of marijuana in
a secluded area of her yard because her younger son found it allowed him to eat,
put some weight on his reed-like frame and have sufficient energy to attend high
school. Max, who suffered from renal disease since infancy, tried marijuana
because Tristam, his older brother, benefited from it during his losing battle
with leukemia.
"It is a magical thing to see," Sue Thayer said of the way marijuana
helped both her sons.
Tristam Thayer had grown his own, his mother said. After he died, Max used what
remained of his brother's supply. His mother said he tried buying some on the
street in Rutland. "Once was enough." She decided to take her chances
and grow her own.
In 2007, before the family could harvest their second crop, police found the
garden in a helicopter flyover, Sue Thayer said.
"That was kind of traumatic."
Because she had more than 25 plants, she was charged with a felony. She tried to
argue she grew the plants out of necessity, but the Vermont Supreme Court ruled
she had another option.
Since 2004, Vermont has allowed individuals with certain chronic and
debilitating conditions to register with the Department of Public Safety and
grow limited quantities of marijuana indoors to ease symptoms such as nausea and
pain.
In 2007, the Legislature expanded the list of conditions and increased the
number of plants a registered patient could possess -- two mature marijuana
plants, seven immature plants, and two ounces of usable marijuana.
Max Thayer wasn't a registered patient when his mother's garden was found
because he hadn't qualified until the list of conditions was expanded. That was
about the time police raided the family's home. Today, he is one of the 351
people on the state's marijuana registry,
he said.
Sue Thayer hasn't gone to jail. Her case was referred to diversion, for which
she is thankful. Still, she said, growing a supply of marijuana for her son
"was the right thing to do."
Rep. Sandy Haas, P-Rochester, helped move the bill through the Legislature this
year. Thursday she said the law fills a gap that the Legislature' s two previous
"cautious" steps had failed to address -- by giving patients a way to
legally access quality marijuana at reasonable prices.
"Not everyone can grow their own marijuana successfully, " Haas said.
Dealing with criminals
Ian Rhein of St. Johnsbury pushed for the legislation because he is a registered
patient and because he's heard so many troubling stories through the online
network he set up.
Leaning on a cane outside the governor's ceremonial office, Rhein said he uses
marijuana to ease chronic pain from the bullet lodged near his spine. He was
shot in 1992 when he
tried to break up a domestic dispute. He said he buys rather than grows his
marijuana because he has young sons living at home.
Buying isn't easy, he said, because it involves dealing with criminals.
"Unless you know people, you can't even get it," he said. It's also
expensive -- "a minimum of $100 for seven grams of medical grade," he
said.
Growing marijuana isn't easy either, Rhein said.
"You have to know what you are doing and you have to have the
finances" to pay for special lights, soil supplements and construction of a
secure space. For many people who would benefit, he said, "the economics
behind it have been a real issue."
"To get this dispensary bill through and get safe access means a lot,"
Rhein said.
Providing pot
He said he envisions a secure growing and processing facility and a separate
dispensary that is handicapped accessible with easy parking.
"I'd start small and provide quality over
quantity," he said. He's not worried about the challenges of growing
marijuana. "I grew up on a farm and there are people I have been talking
to."
He foresees growing different types of marijuana and providing patients with
different options -- marijuana that could be smoked, eaten or a tincture that
could be put under the tongue.
Lynn has begun the process of setting up a nonprofit organization and recruiting
people to serve on his board. "I want a board that represents law
enforcement, patients and the community."
He can't finalize his business plan, however, until the Department of Public
Safety issues rules. He said he's hopeful state officials will move quickly.
Law enforcement officials are just as anxious as Lynn to see the rules, but for
different reasons.
Police didn't support allowing dispensaries, but Lamoille County Sheriff Roger
Marcoux said law enforcement won inclusion of important restrictions. The
total number of patients who may be served by dispensaries was capped at 1,000,
the number of dispensaries was limited to four and the fees dispensary operators
pay are high -- $2,500 to apply, $20,000 for the first year license and $30,000
for subsequent annual licenses.
"We would rather not see any legalized marijuana," Marcoux said. Now
that dispensaries are legal, he said, their management will be key, "so
criminal enterprises can't get a foothold."
"There is a lot of rule-making ahead and I think the chiefs (of police) and
the sheriffs will have a seat at the table," Marcoux said. "It is
really important to get this right."
Written by Nancy Remsen, Free Press Staff Writer
Contact Nancy Remsen at 578-5685 or nremsen@bfp.
burlingtonfreepr ess.com
http://www.burlingt
onfreepress. com/article/ 20110603/ NEWS03/106030309 /New-Vermont- law-gives-
medical-marijuan a-users-legal- choice?odyssey= tab|topnews|text| FRONTPAGE
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