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Doctors hazy over medical pot law Oregon's new law takes effect today, but don't light up just yet -- users can still be prosecuted By SUSAN JAY The state's controversial medical marijuana law takes effect today, but that doesn't mean Oregonians can start legally smoking the stuff -- or that doctors will be willing to help them. A provision of the law protecting patients from prosecution doesn't take effect until May. "There are things they can do, (but) whether they are locks on protecting themselves is the real question," said Phil Lemman, executive director of the Oregon Criminal Justice Commission. The uncertainty over what's legal today is the latest example of confusion about the new law among the people responsible for implementing it. "I don't think there is a common understanding. We're not going to know exactly how this thing works until we have court cases and a whole lot of things," Lemman said. As of today, the law provides Oregonians with a legal defense if they decide to use marijuana for certain medical reasons. Potentially, however, it also allows authorities to cite them if they use it without a doctor's written permission. And the Oregon Medical Association has recommended that doctors withhold that permission. "It's going to hurt people who want to be able to use medical marijuana and not be arrested now," said Amy Klare, spokeswoman for Oregonians for Medical Rights, the initiative's sponsoring organization. In May, the provision that clearly protects users takes effect. That's when the state Health Division will begin issuing registration cards to people who have met the law's criteria for medical marijuana use. Anyone with a registration card is exempt from criminal prosecution. While details of implementing the new law remain unclear, state officials say they feel fairly certain people could start using marijuana before May -- and be protected by the law -- if they have written authorization from their physicians. The registration process requires a doctor to certify in writing that the patient has one of the conditions specified in the law and that the patient would benefit from marijuana use. The conditions include cancer, glaucoma, AIDS or a positive test for the human immunodeficiency virus. "Once you have that, you have the foundation of evidence you need to apply for the registration card," Lemman said. The OMA, however, is advising physicians not to issue any such written statements until the state has developed rules for implementing the law. The OMA wants to review the state rules before it is willing to advise physicians on how to give written permission for smoking marijuana without putting their licenses at risk, said Jim Kronenberg, OMA's associate executive director. The OMA is advising doctors to tell their patients, "I can't give you that letter because I'm not sure what my obligations are under the law," Kronenberg said. Physicians have legal obligations to practice and prescribe medications in certain ways. Kronenberg said it's unclear how this law affects those obligations. The OMA's advice came as bad news to Oregonians for Medical Rights. But Klare's group is taking a cautious approach, she said, and "not advising people to light up without a written recommendation." Some local physicians say they won't write recommendations. They cite concerns over federal laws prohibiting doctors from prescribing marijuana. "Many of us want to know what the federal guidelines are," said Dr. Alan Bates in Central Point. "None of us know anything about this," he said. Police await clarification about enforcing new law Local police won't be changing the way they handle marijuana cases just yet. Medford police chief Eric Mellgren said if someone were to get caught with marijuana today and used "medicinal purposes" as a defense, police would issue a citation and let the courts sort it out. That's because Medford police and other agencies are still waiting for the state Attorney General's Office to issue guidelines about how to deal with the new statute. The guidelines, to be issued in a matter of days, are expected to help clear up many gray areas in the law, such as: If one person in a group has a permit allowing the use of marijuana for medicinal purposes, how will that affect a police search? "For us, it will be business as usual until we get other kinds of training and guidance," Mellgren said. Officials at the Jackson County Sheriff's Department and the Jackson County Narcotic Enforcement Team also said they're waiting for direction. After the attorney general's opinion is issued, Medford police will team up with Assistant City Attorney Ron Doyle to discuss legal issues, including how the city might react if someone were to want to launch a marijuana-related business here. Mellgren said that once he gets direction from the district attorney and the city attorney, he'll decide on the police department's policy in handling the new law. Mail Tribune Copyright � The Mail Tribune 1998, Medford, Oregon USA