Medical-pot limit needs to be larger, some say

More than 100 weigh in on proposal at Health Department forum

By Adam Wilson | The Olympian • Published August 26, 2008

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What sounds like a lot of marijuana for pleasure isn't enough for medication, more than 100 people at the state Department of Health headquarters said Monday.

How much is enough?

• The state of Washington considered allowing a patient to keep 35 ounces of marijuana and 100 square feet of growing space for plants.

• Gov. Chris Gregoire supports a new plan that would allow 24 ounces, up to six mature plants and up to 18 immature plants.

• Medical marijuana supporters are suggesting a limit of 71 ounces and 99 plants.

The agency was directed by the state Legislature to define how much medical marijuana a patient is allowed to have, something that hasn't been settled since Washington residents voted to allow the product in 1998.

Thomas McCoy of Vancouver, Wash., said he had a stroke more than three years ago and decided to use marijuana to control his pain.

"I called the cops and said what I'm doing," McCoy said, explaining that he raised 75 plants at his home.

Later, the police suspected he had too much, took his plants and destroyed his equipment, he said.

"They told us, 'Oh, we don't target medical patients.' That's bull," McCoy told a Department of Health panel. "Please give me some answers."

There were no answers Monday, however. Instead, supporters of medical marijuana who have cancer, multiple sclerosis, AIDS and other ailments lined up for 21/2 hours, explaining why the department's proposal would be too restrictive.

At one time, the agency considered a rule allowing a patient to keep 35 ounces of marijuana and 100 square feet of growing space for plants. But Gov. Chris Gregoire pushed for reconsideration, and the new plan would allow 24 ounces, up to six mature plants and up to 18 immature plants.

Over and over again, people at the hearing said such a small supply would not produce enough marijuana to relieve major pain. They also opposed the definition of a mature plant as being more than a foot tall, saying many plants are several feet tall and produce none of the flowers actually used.

Without an adequate garden at home, patients will turn to illegal purchases on the street, several people said. Many wore "71/99" buttons, suggesting a limit of 71 ounces and 99 plants.

Although many of the people who spoke said scientific evidence supports giving patients more marijuana than the agency has proposed, Karen Ann Jensen, assistant secretary of Health Systems Quality Assurance, said she was skeptical.

"There are many, many studies. Our staff has looked at the studies," she said. "The problem is we don't have the kind of definitive science we do with other types of medication."

The state's proposed limits come from Oregon regulations, which seem to be working, Jensen added.

Dr. Francis Podrebarac said he flew in from California because he helped write Initiative 692, which legalized medical marijuana in 1998. The definition of a 60-day supply was deliberately vague because marijuana affects people differently and can be ingested in many forms, he said.

The department's proposal "lacks sincere compassion and understanding of patients," he said.

Sue Watson of Seattle said she stopped taking most of her prescription drugs and instead smokes a quarter of an ounce of marijuana a day, as well as eating it in capsules and rubbing it on her skin.

And Dr. William Robertson, former director of the Washington Poison Center, said few people complain of having too much marijuana.

The testimony, as well as written comments on the proposal, will be summarized and given to Health Secretary Mary Selecky before she makes a final decision.

"At this point, it's really too early to say whether there will be a change in our proposal," Jensen said.