#4, Again

Yesterday I posted some inchoate thoughts on Initiative #4 (medical marijuana).  We got a response from Attorney General Larry Long which, with his permission, I reproduce here:

I also oppose Initiative # 4.  My objections are based upon the text of the measure.

 

First, #4 requires a "debilitating medical condition"  which includes ugly stuff like cancer, glaucoma, HIV and AIDS.  BUT, it also includes any "condition which causes chronic pain".  (So, your old football injury, back ache, or trick knee or arthritis may qualify)

 

Second, #4 does not require a physician's permission or prescription to qualify.  A copy of the "patient's medical records" will suffice.  (In other words, you present your medical records to the Dep't of Health with the words "patient complains of chronic pain" highlighted in yellow and  DOH is required to issue to you a registry ID card allowing you to smoke pot.) 

 

Third, if you qualify, you are allowed to possess 6 pot plants and one ounce of usable pot.  You may smoke this pot anywhere it is legal to smoke tobacco.

 

Fourth, you may also appoint a "caregiver" who is anyone age 18 or more and not your Doctor, who will agree to look after you.  There is no requirement that you are in need of "care".  Your "caregiver" may also possess 6 pot plants and one ounce of pot.  However, it is quite likely that your "caregiver" will light up with you, because both you and your "caregiver" are immune from prosecution of any kind.  Section 11 of #4 says:

 

  "No qualifying patient or caregiver who possesses a registry identification card issued pursuant to this Act may be arrested, prosecuted, or penalized in any manner, or be denied any right or privilege" . . . 

 

Therefore, as a practical matter the patient and his "caregiver" can light up pretty much whenever and wherever they please with out legal sanction. 

 

Fifth, #4 allows children to become "qualifying patients" if they have the "chronic pain" condition in their medical records and their parents permission.  Again the physician is bypassed.  The parent must certify to the DOH only that the parent "heard" a physician explain to the parent and the child the dangers of smoking pot.  The parent automatically becomes the child's "caregiver" and is responsible for the "dosage' administered to the child.  (how convenient)

 

The procedure in Measure #4 is designed to bypass physicians almost entirely.  The patient is allowed to self-diagnose and self-medicate.  The whole idea of a "caregiver" (unless the patient is bedridden) is simply designed to allow the patient to "medicate" with one of his buddies.  This measure (if it becomes law) will be an enforcement nightmare.  Irrespective of the policy reasons for or against "medical" marihuana, this is a bad piece of legislation and is designed to allow the general population to smoke pot and be immune from legal sanction of any kind.    This bill is horrible public policy.

I find Mr. Long's arguments convincing.  Eddie?

Update: I just noticed Eddie has responded to yesterday's post, here.  This, by the way, is how the blogsphere works at its best.  I make arguments and Mr. Long and Eddie respond intelligently and you all get to decide.  I think Attorney General Long has the better of the argument, but I thank Eddie for making his argument forcefully and respectfully.  Except when he says my position "stinks," proving that Eddie is a poop head (That's a joke, man).