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Although Oregon's medical marijuana law passed by the voters last month became effective last week, physicians are advised against taking action until all issues are resolved. It may be months before the Health Division adopts rules laying out exactly how the act will be implemented. Meanwhile, a task force called into session by Oregon Attorney General Hardy Myers is studying a multitude of thorny enforcement issues the law presents. OMA, along with the Health Division and the Board of Medical Examiners, is participating in the process. At this point there is insufficient guidance for physicians called upon to provide written documentation for the issuance of a registry card. More significantly, the federal government has not announced what it will do with respect to those who aid in the growing, possession, delivery, and use of this controlled substance. The Oregon law does not immunize physicians from either federal criminal exposure or from revocation of their DEA certificates. OMA director of medical legal affairs Paul Frisch advises, "At this point it would be mistake for physicians to participate in an activity which may or may not be the subject of conflict between state and federal law, much less a complicated scenario currently lacking an administrative rule infrastructure. Physicians who are willing to participate in the medical marijuana process would be well advised to wait until the Health Division makes its rules and the federal government takes an official position on the act itself". Copyright STAT, the newsletter of the Oregon Medical Assocation In accordance with Title 17 U.S.C. Section 107 and The Berne Convention on Literary and Artistic Works, Article 10, news clippings are made available without profit for research and educational purposes. |
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