The intent of the people, and the language in the initiated bill, retained an "affirmative defense" to legally protect those patients with doctor's recommendation who chose not to register and be placed on a state database,
There are reasons why a patient or a caregiver would wish not to be in a state run database proving they are breaking federal law. There are reasons why a patient or caregiver would wish not to be in a state run database that reveals information about a personal medical condition or personal choice of medical treatment.
The table below outlines many of the concerns that result from elminating the 1999 system and requiring all patients and caregivers to register with the state. In addition to the above points - patients and caregivers will be driven underground and criminalized; the state will have less ability to understand and regulate medical marijuana patients and caregivers; some patients will simply choose another, less effective treatment, and others will register but will fear database breach, misuse of data, or federal or state prosecution (should federal policy or state law change).
Ultimately, our law can and should serve both sets of patients and caregivers. We should maintain the 1999 system whereby patients with legitimate, verifiable doctor recommendations may legally grow, possess and use under state law; AND establish a registration system where those patients/caregivers who want state-issued verification may pay for and obtain registration cards.
As we push back against the "registration only" system, do what you can to make your voice heard - get involved in citizen action and contact your legislator.
Don’t ask Don’t Tell – Why we need to serve all patients in Maine Re: LD 1811
| 1999-2010 | 2009 Initiative Registry | Why we need both systems |
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Patients could opt to grow for themselves, or designate a caregiver to grow for them. Patient growers and their caregivers were protected from state law enforcement by way of a verified and legitimate doctor recommendation. No state registry or identification was required. Some patients and caregivers were uncomfortable with this arrangement, seeking something more “official” from the state to ensure clarity about their status and provide them protection. There is no evidence that this system created problems for the State. |
The 2009 change was drafted to provide an alternative for these patients and caregivers who wanted more protection. The bill passed by the voters in November 2009 creates a registry whereby patients and caregivers may provide information to the state, in exchange for which they receive a registration card clearly proving their status. Registration places these patients and caregivers in a state database. The initiated bill also provides for a legal dispensary system for those patients who cannot or do not wish to grow for themselves or designate another to grow for them. |
Some patients and caregivers very much want to be registered. They feel that this creates additional protections for them, and dispels any disbelief about their status, should they be questioned by police, a landlord, a boss or any other interested party. Some patients and caregivers are highly uncomfortable being registered. They fear investigation or legal action by the federal government should the Holder policy change; or by the state should the current law change or be repealed. They also fear breach or misuse of that database. Considering the continuing stigma and potential for retaliation by employers, landlords and others (whether overt or hidden), and the history of even the most protected databases being breached - this concern is legitimate. Without the 1999 system, these patients and caregivers would be given the choice of breaking the law or not taking the medication best suited to their needs. Ultimately, our law can serve both sets of patients and caregivers. Maintain the 1999 system whereby patients with legitimate, verifiable doctor recommendations may legally grow, possess and use under state law; AND establish a registration system where those patients/caregivers who want state issued verification may pay for and obtain registration cards. |
