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ARIZONA PROP. 203: FOES USE 'CANNABIS CARAVAN' SCARE
Claims marijuana could be sold on mobile "cannabis caravans," pot
grown in
expansive cooperatives and baked in brownies for nursing home
residents, are
driving the debate over a proposition to decriminalize marijuana
for medical use
on the Nov. 2 ballot.
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Prop 203
Arizona medical-pot law has attorneys in bad spot
Proposition 203 - the Medical Marijuana Act, identifying illnesses that would
qualify patients to use marijuana - was placed on the ballot by citizen
initiative, and follows 14 other states that already have legalized marijuana
for medical use.
Proponents say Arizona's measure has more regulation than those in other states.
"It is a very detailed and well-regulated piece of legislation," said
Andrew Myers, of the Arizona Medical Marijuana Policy Project. "Prop.
203 is entirely unique. We do an excellent job of limiting the medical
marijuana, and restricting who can sell it."
Reports of crime, including violence and money laundering, related to legalized
marijuana in other states are fueling some of the public opposition to the
Arizona measure.
Critics say the initiative is merely a way to allow recreational use of the
drug. Although some warn of "cannabis caravans" driving through
neighborhoods - zoning restrictions the city and county are working on would
preclude that from happening - and the law itself prohibits sales in the
vicinity of schools.
While Prop. 203 is specific about what kind of illnesses would qualify a
patient to use medical marijuana, opponents say the category of people suffering
from "chronic pain" opens the gates for abuse.
"This is not about medicine. It is a backdoor route to
legalization," said Carolyn Short, chairperson of the Keep AZ Drug Free
anti-203 campaign. "This gives marijuana users unprecedented
protections. ... It is a disaster for employers, which is why the
Arizona Chamber of Commerce is supporting our efforts"
Under Prop. 203, employers would not be allowed to discriminate in hiring,
terminating or imposing any other condition of employment against registered (
medical marijuana ) cardholders, even if the cardholder has a positive drug test
for marijuana.
It does not allow workers to be impaired on the job, however, the Pima County
Attorney's Office says.
Supporters say marijuana reduces pain for people suffering from debilitating
illness and does not have the harsh side effects of narcotics. It will
save patients who choose to seek such relief from having to deal with illegal
sellers by making it available at about 120 regulated, non-profit dispensaries
statewide. Or if the cardholders live more than 25 miles from a
dispensary, they can grow their own or designate a caregiver to do it for them.
Rather than a prescription, to obtain marijuana anyone over the age of 18 with
one of the qualifying conditions must instead receive a written
"certification" from a doctor, naturopath or homeopath qualifying them
for a card from the Arizona Department of Health Services that lets them legally
buy 2.5 ounces of marijuana every 14 days.
ADHS would regulate the marijuana.
A qualifying patient is someone who has cancer; glaucoma; HIV/AIDS; Hepatitis C;
amyotrophic lateral sclerosis; Crohn's disease; and agitation of Alzheimer's
disease.
Patients with any chronic condition that produces cachexia or wasting; severe
and chronic pain; severe nausea; seizures; severe, persistent muscle spasms
would also qualify.
An analysis by the state's Joint Legislative Budget Committee estimates about
66,000 Arizonans will be registered as marijuana cardholders by 2013.
If the measure passes, state health officials expect to start issuing cards in
March, after they create an application and certification system, said state
Health Director Will Humble.
Humble said state health officials are also working on getting administrative
rules in place to clarify provisions in the initiative, such as whether
nursing-home residents would be allowed to smoke marijuana since their
facilities are nonsmoking. Humble has suggested they could bake it into
brownies.
But Humble predicts nursing-home residents aren't going to be the ones asking
for medical marijuana. Based on data from other states, it will be men in
their 20s through 40s claiming chronic pain, he said.
While Humble said he's committed to implementing 203 if it passes, he's gone on
record as an opponent.
"I wish they would have kept the qualifying conditions more narrow,"
he said. "Those two words - chronic pain - honestly, if they pulled
those two words out I probably would not have said anything. But those
words open it up to anybody who is a recreational user, to protect themselves
from drug tests at work or to stay out of trouble with the law."
Humble also noted marijuana hasn't been through the same clinical trials for its
safety and efficacy that other medication goes through.
Tucson resident and medical marijuana user Lily Rose Krugly said she could not
tolerate the narcotics she was prescribed while fighting breast cancer.
She had a lumpectomy and underwent radiation therapy.
"With the narcotics you throw up, you are depressed - it's a pharmaceutical
dance I can't do," she said.
Tom Maza a 48-year-old Tucson who is HIV positive and says he has been living
with AIDS for more than a decade, began using marijuana to help with the effects
of peripheral neuropathy - an often painful condition caused by damage to the
nerves. Maza said his condition is a side effect of the aggressive drug
therapy he's on.
"The benefit for me is that legalizing medical marijuana would give me safe
access - I wouldn't have to risk my freedom, my home," he said.
"The criminals are all against this. It's taking away their
profits."
Arizona voters legalized medical marijuana in 1996 and again in 1998 but it was
blocked from taking effect in part because it called for doctors to write a
"prescription" for marijuana, which is prohibited under federal law.
A measure that would have decriminalized the possession of two ounces or less of
marijuana was defeated by voters in 2002.
"This takes a piece of the market away from the drug cartels and gives
patients a safe, legal alternative. There is abuse in any system when you
are talking about controlled substances," Myers said. "The good
news with marijuana is that you can't overdose on it. It's not
physiologically addictive like painkillers."
Pubdate: Sat, 02 Oct 2010
Source: Arizona Daily Star (Tucson, AZ)
Copyright: 2010 Arizona Daily Star
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