By passing Initiative 692 in 1998, Washington state voters approved the medical use of marijuana. The initiative allowed for patients suffering from a number of debilitating diseases such as cancer to have a 60-day supply of the drug as long as they had written approval from their physicians.
However, there are a couple problems with the medical-marijuana laws in Washington and 10 other states. One is that the U.S. Supreme Court has ruled that federal law making the use or possession of marijuana illegal under any circumstances trumps state laws.
The other problem in Washington state is what defines a 60-day supply of marijuana.
But while the dispute between federal and state laws governing marijuana is ongoing, state Sen. Jeanne Kohl-Welles (D-36th District) sought to clarify the supply question and add new diseases the drug can treat by sponsoring a bill that made it through the Legislature and onto the governor's desk.
Kohl-Welles added that she worked with the American Civil Liberties Union and the Washington Prosecutors Association to help craft the bill.
NOT A NEW EFFORT
It's not the first time Kohl-Welles has tackled the issue in Olympia. "We'd gotten the bill through the Senate many times," she said, adding that some conservative members of the Senate insisted on adding some amendments in the latest attempt. "In the end, it turned out pretty well."
Passage of the bill in the state House of Representative was another matter. House speaker Frank Chopp (D-43rd District) was cautiously optimistic a clarifying marijuana bill would pass. But there's no guarantee, according to Kohl-Welles: "There's always a challenge whenever you have marijuana in a bill."
The House ultimately passed the bill by a vote of 68-27.
The bill calls for the state Department of Health to decide by Jan. 1, 2008, what constitutes a 60-day supply generally, based on, but not limited to, "a review of available medical and scientific literature, consultation with experts, surveys of other states' best practices and public input." The bill does allow that the amount can be increased "with evidence of the qualifying patient's necessary medical use."
Defining a maximum amount won't necessarily be easy, according to Joanna McKee, state co-founder and director of the Washington Green Cross. "We grow our own medicine for ourselves," she said.
VARIABLES
But the quality of marijuana can vary greatly, some people are better at growing it than others and some need more of the drug to treat disease symptoms than others, McKee said.
She agrees that the medical-marijuana law passed by initiative needs clarification. "I tell people it won't stop you getting arrested," she said.
However, under the bill, medical users of the drug or providers who assist a qualifying patient in the medical use of marijuana can claim "an affirmative defense" if they are arrested.
While federal agents have been clamping down hard on marijuana suppliers and their patients in places like California, the same can't be said for the Puget Sound region, according to Emily Langlie, spokesperson for the U.S. Attorney's Office in Seattle.
She also noted that a medical excuse for using marijuana is illegal at a federal level, adding that there have been a few cases like that in the state.
But it's a question of priorities, according to Langlie: "Our policy is that the U.S. Attorney's Office directs our limited resources to [pursuing] criminal drug rings."
Dan Satterberg, chief of staff at the King County Prosecutor's Office, said California is a special case. "It seems to have been permitted to grow out of control," he said of sales from marijuana providers in that state.
Some of them, Satterberg added, are focusing more on recreational users than patients.
TREADING LIGHTLY WITH THE LAW
Still, Satterberg had high praise for Kohl-Welles' efforts to add clarity to the medical-marijuana law.
"I think it comes back to the present statute being very vague about a 60-day supply," he said. "I'm glad that somebody is finally going to determine that."
In the meantime, the King County Prosecutor's Office is treading lightly, according to Satterberg: "We have not had a case that went to trial."
Some cases have been resolved with plea bargains, and some have been dismissed against people who have a note from their doctor and appear to be using the drug for medical purposes, Satterberg added.
"None of us want to see a legitimate patient sitting at a table in a courtroom," he said.
ACLU SURVEY SHOWS GROWING SUPPORT
The medical marijuana initiative passed by 57 percent of voters in 1998, and the support for medical use of the drug has grown since then, according to a January 2006 survey commissioned by the American Civil Liberties Union. Here are some of the results.
The survey used a sampling of 1,200 registered voters, and 68 percent strongly agreed that Washington state - not the federal government - should be able to make laws regarding medical marijuana. Ten percent strongly disagreed, while 15 percent somewhat agreed.
Eighty-eight percent felt it was true that marijuana effectively relieves pain for people with serious illnesses, while 8 percent thought it wasn't true.
A slim majority of respondents, 54 percent, didn't think possession of marijuana with the recommendation of a doctor was legal, while 27 percent thought it was and 20 percent didn't know.
The survey had a margin of error of plus or minus 2.8 percentage points.
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