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Trying to get legal Photo by Jim Craven Jerry Lee inhales marijuana smoke through a water pipe in his Medford home Thursday. Lee, who has AIDS, says he uses marijuana to combat constant pain and nausea, and he's a little more comfortable about doing so now that Oregon's medical marijuana law is in effect. Marijuana eases his pain AIDS sufferer still isn't sure how new law will affect him By SUSAN JAY Every morning, Jerry Lee swallows a handful of pink, blue and white pills, then chases them down with a few hits on his water pipe. "It helps me relax and takes away the pain and nausea," Lee says, explaining why he smokes a small bowl of marijuana five or six times a day. Lee, 39, has full-blown AIDS. The former California cook smokes pot to fight the nausea caused by his medication and AIDS, even though it is an illegal drug in Oregon. Lee doesn't feel as paranoid about doing that since voters passed Oregon's medical marijuana law. But he and other patients are confused, as are state officials, law enforcement agencies and health-care professionals, about how the law is going to work and how it will affect them. As of Thursday, the new law provides Oregonians with a legal defense if they decide to use marijuana for specific medical conditions, including cancer, AIDS and glaucoma. But a provision in the law protecting patients from prosecution doesn't take effect until May. That's when the Oregon Health Division is required to issue registration cards to people who have applied and met the law's criteria for medical marijuana. "I do feel more open about it," Lee says about smoking pot, but adds, "At the same time I wonder what are the repercussions that will come from it." As far as he is concerned, he shouldn't have to draw his living room curtains and burn incense anymore when he smokes. "This isn't a criminal act," Lee says. Then he asks, "Where do we need to go to get our certification? How do we get registered with the police and the sheriff?" Dr. Grant Higginson, deputy administrator of the Oregon Health Division, said Thursday that people can start applying now for the medical exemption, even though the Health Division hasn't yet created the registration process. Patients should first obtain a copy of the law to see what it does, and then talk to their doctor, he said. To qualify, a patient must have a written notification from a doctor stating he or she has one of the medical conditions in the law that marijuana could help. The documentation submitted can also include copies of the patient's relevant medical records. These documents should be sent to Grant Higginson, at the Oregon Health Division, 800 N.E. Oregon St., Portland, OR 97232. They will be kept on file until the registration process is in place, when they will be submitted, Higginson says. Lee says his doctor is willing to give him the documentation he needs to register. The Oregon Medical Association, however, is advising doctors not to write authorizations for their patients until the administrative rules governing how the law is to be implemented are written. "I'm sorry they're not able to get all the paperwork done," Lee says, but the law is in effect. He plans to continue to smoke and take as many steps as possible toward registering. He looks forward to growing his own plants, too, and saving the $200 to $250 he spends a month on less than half an ounce of pot. The new law allows patients to own three young and four mature plants. His roommate, Patrick Lawrence, who also has HIV and smokes pot for the nausea, says most HIV and AIDS patients find their marijuana source from talking to other AIDS patients. They have to be careful that the pot they buy hasn't been sprayed with poisonous pesticides because of their weakened immune systems. Their doctors have told them to microwave the marijuana for 15 seconds before smoking it to kill any bacteria that could be on the plant. They often use water pipes to avoid inhaling toxins. Lee says he felt uneasy when he started taking medication and marijuana to relieve his symptoms, because he is a former addict who kicked his habit after participating in an alcohol and drug program. He takes prescription drugs for nausea and pain, but marijuana is the most effective drug he has found for relief from the constant symptoms, he says. As his roommate Lawrence puts it, "The object of doing this is not to get high; it's about being able to survive through the day." Police get guidelines for handling marijuana law By JULIE SWENSEN Local police now have something to go by when dealing with the new medical marijuana law. The Jackson County district attorney's office has sent out interim guidelines for police to use until the Oregon attorney general issues a statewide protocol. The guidelines are intended to help clarify vague areas in the law. Sheriff Bob Kennedy said deputies were reviewing the guidelines Thursday; Medford police chief Eric Mellgren had not yet received the memo. According to the guidelines, people can still be prosecuted if they: Drive under the influence of marijuana, even if the marijuana use was for medical purposes. Use marijuana for medical purposes in a public place or in public view. While "public view" is hard to interpret, it wouldn't seem to justify contacting a medically eligible person using marijuana inside a home or enclosed yard, the memo said. Knowingly deliver marijuana to anyone who does not have a registry card allowing them to use marijuana for medical purposes, or does not qualify for a card. Although people can apply for registry cards, the state Health Division hasn't yet created the registration process. The memo notes that it would be nearly impossible to prove that the deliverer knew the recipient was not eligible, so police are advised not to use this part of the law as justification for an arrest. Sell marijuana. No one is allowed to provide marijuana, even to a medical user, in return for money or other consideration. The guidelines also cover how much marijuana qualified people can have. Medical users who are at a place where marijuana is not being grown can possess up to an ounce of marijuana. The memo interprets this to mean that such people -- medical users or not -- may not possess more than an ounce. Anything more than an ounce is felony possession, the memo states. Medical users who are at a location where marijuana is being grown can have three mature marijuana plants, four immature marijuana plants and three ounces of usable marijuana. If police find a person with fewer than seven plants, they should ask for a registry card. If the person has no card, police should ask whether the person has applied for one, whether he or she has documentation from a physician diagnosing a debilitating condition for which marijuana may ease symptoms, and whether the person is a designated primary caregiver. If all the answers are no, the marijuana may be seized and the person may be charged with manufacturing a controlled substance. Before seizing plants for evidence, the district attorney's office suggests police get advice from their city or county legal counsel. While police previously destroyed seized marijuana plants, the law now says that any property used in connection with the medical use of marijuana that is seized should not be harmed while in police possession. The guidelines suggested an alternative to seizing plants: Take a sample of the plants for testing, take pictures of the plants, and leave the plants with the suspect until prosecutors decide whether to file charges. If eight or more plants are found, police should ask the same questions as before. But the district attorney's opinion is that police may seize and destroy the plants in this case unless city or county counsel advises otherwise. If the guidelines aren't followed, police can expect the district attorney's office not to prosecute, the memo said. Deputy District Attorney Allan Smith said he fellow deputy Rob Patridge, the primary drug prosecutors in the office, interpreted the law and then discussed it with District Attorney Mark Huddleston before issuing the guidelines. The memo notes that enforcement of the law could change, and admonishes police: "Bottom line -- Stay flexible!" Mail Tribune Copyright � The Mail Tribune 1998, Medford, Oregon USA