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Two years after Maine voters passed the medical marijuana bill, law enforcement is dealing with the complexity of the otherwise illegal substance being grown, distributed and legally used by more than 260 patients in York County and more than 2,300 people statewide.
"There is a constant tension between the medical marijuana program and the ability for law enforcement to regulate criminal activity," said Ken Albert, director of the Division of Licensing and Regulatory Services, which manages the Maine Medical Use of Marijuana Program.
Twice in the past two months during routine traffic stops, York police officers have charged residents with possession of marijuana, only to drop the charges after the individuals produced a medical marijuana card, according to York police reports.
On Aug. 26, York police charged a 29-year-old York Beach man; and on Sept. 13, they charged a 40-year-old York woman, each with possession of marijuana. Neither person had the required doctor's certificate or medical marijuana registration card on them at the time their vehicles were stopped, but later produced them, according to police reports.
Police know little about who in town is using marijuana legally, because the individuals are protected under the same Health Insurance Portability and Accountability Act law that protects all patients, according to York Detective Sgt. Thomas Cryan. Users are not required to register with police.
"It's all done through the state," Cryan said.
However, the number of instances encountered by police are few, he said.
"It's not a problem," Cryan said. "The ones that legitimately have it are fine."
There have been times when a person charged with possession of marijuana claims to be using it for medical reasons, but is unable to produce a certificate or card, Cryan said.
Since 2011, those using marijuana for medical reasons are also no longer required to register with the state, making the total number of patients unknown, according to Albert.
However, many people continue to register on an annual basis, he said.
As of Dec. 31, 2011, 2,354 people were registered with the state, according to Albert. That figure includes 261 people in York County.
Albert estimates that for every person who registers, three do not.
Doctors cannot prescribe marijuana, Albert said. Rather, they certify a patient. To use the drug legally, patients must be able to produce the doctor's certificate or a medical marijuana registration card, he said.
The citizen-initiated Maine Medical Marijuana Act of November 2009 expanded on an already established state law allowing for the prescribing and limited possession of medical marijuana. It also allowed for a distribution system.
The state oversees eight dispensaries and 766 growers, called caregivers, in Maine, which cultivate and distribute marijuana, according to Albert. The only York County dispensary is Canuvo Inc. formerly called Safe Harbor Maine, in Biddeford. No one with the dispensary returned a phone call for comment.
Caregivers can have up to five patients for which it grows marijuana, he said.
In addition, patients are able to grow their own medicinal marijuana.
The Division of Licensing and Regulatory Services is not responsible for enforcement, according to Albert.
No one with the Maine Drug Enforcement Agency returned a phone call for comment.
Asked if medical marijuana was an issue for law officials, Albert said, "Absolutely... We provide a lot of technical assistance to law enforcement on a daily basis." This includes information on the number of plants allowed, and if they are being grown in the appropriate location, he said.
The benefits of marijuana for people in pain from illnesses such as cancer, or as a means to treat nausea, have been documented in public hearings in Maine, Albert said.
"The science bears this out," he said. "There are many patients who have been able to be removed from opiate therapy, they are able to be moved by a physician over to a regimen of medicinal marijuana. It enables them to have a better quality of life. Opiate addiction is terrible. For chronic pain, medical marijuana is a viable option."
Other states are looking to Maine as a model, Albert said. In New England, Vermont, Connecticut and Rhode Island have medical marijuana programs, he said. Massachusetts voters are considering one this November.
"This program is still in its infancy," Albert said.
News Hawk- TruthSeekr420 420 MAGAZINE
Source: seacoastonline.com
Author: Susan Morse
Contact: Contact Us
Website: Medical pot law poses challenge for Maine police | SeacoastOnline.com
"There is a constant tension between the medical marijuana program and the ability for law enforcement to regulate criminal activity," said Ken Albert, director of the Division of Licensing and Regulatory Services, which manages the Maine Medical Use of Marijuana Program.
Twice in the past two months during routine traffic stops, York police officers have charged residents with possession of marijuana, only to drop the charges after the individuals produced a medical marijuana card, according to York police reports.
On Aug. 26, York police charged a 29-year-old York Beach man; and on Sept. 13, they charged a 40-year-old York woman, each with possession of marijuana. Neither person had the required doctor's certificate or medical marijuana registration card on them at the time their vehicles were stopped, but later produced them, according to police reports.
Police know little about who in town is using marijuana legally, because the individuals are protected under the same Health Insurance Portability and Accountability Act law that protects all patients, according to York Detective Sgt. Thomas Cryan. Users are not required to register with police.
"It's all done through the state," Cryan said.
However, the number of instances encountered by police are few, he said.
"It's not a problem," Cryan said. "The ones that legitimately have it are fine."
There have been times when a person charged with possession of marijuana claims to be using it for medical reasons, but is unable to produce a certificate or card, Cryan said.
Since 2011, those using marijuana for medical reasons are also no longer required to register with the state, making the total number of patients unknown, according to Albert.
However, many people continue to register on an annual basis, he said.
As of Dec. 31, 2011, 2,354 people were registered with the state, according to Albert. That figure includes 261 people in York County.
Albert estimates that for every person who registers, three do not.
Doctors cannot prescribe marijuana, Albert said. Rather, they certify a patient. To use the drug legally, patients must be able to produce the doctor's certificate or a medical marijuana registration card, he said.
The citizen-initiated Maine Medical Marijuana Act of November 2009 expanded on an already established state law allowing for the prescribing and limited possession of medical marijuana. It also allowed for a distribution system.
The state oversees eight dispensaries and 766 growers, called caregivers, in Maine, which cultivate and distribute marijuana, according to Albert. The only York County dispensary is Canuvo Inc. formerly called Safe Harbor Maine, in Biddeford. No one with the dispensary returned a phone call for comment.
Caregivers can have up to five patients for which it grows marijuana, he said.
In addition, patients are able to grow their own medicinal marijuana.
The Division of Licensing and Regulatory Services is not responsible for enforcement, according to Albert.
No one with the Maine Drug Enforcement Agency returned a phone call for comment.
Asked if medical marijuana was an issue for law officials, Albert said, "Absolutely... We provide a lot of technical assistance to law enforcement on a daily basis." This includes information on the number of plants allowed, and if they are being grown in the appropriate location, he said.
The benefits of marijuana for people in pain from illnesses such as cancer, or as a means to treat nausea, have been documented in public hearings in Maine, Albert said.
"The science bears this out," he said. "There are many patients who have been able to be removed from opiate therapy, they are able to be moved by a physician over to a regimen of medicinal marijuana. It enables them to have a better quality of life. Opiate addiction is terrible. For chronic pain, medical marijuana is a viable option."
Other states are looking to Maine as a model, Albert said. In New England, Vermont, Connecticut and Rhode Island have medical marijuana programs, he said. Massachusetts voters are considering one this November.
"This program is still in its infancy," Albert said.
News Hawk- TruthSeekr420 420 MAGAZINE
Source: seacoastonline.com
Author: Susan Morse
Contact: Contact Us
Website: Medical pot law poses challenge for Maine police | SeacoastOnline.com
