Election 2010

Ballot Issue: Medical Marijuana
Air Date: 11/01/2010

In tomorrow's election South Dakotans will decide if they want to allow doctors to prescribe marijuana for medical use.  Charles Michael Ray spoke with those on both sides of the issue and put together this story.

A man in his late 30's pulls a glass pipe to his mouth, and lights a bowl full of Marijuana.  He inhales slowly and holds his breath. 

This man who will remain unidentified says he uses medical Marijuana to deal with the pain of an amputation.  He has a prescription for the drug from California, but in South Dakota what's he doing is illegal.   

Those in favor of Initiated Measure 13 say if it passes South Dakota's Medical Marijuana Law would be nothing like California's.  They claim Measure 13 is the most restrictive in the nation.  Unlike other states South Dakota would have no dispensaries of medical marijuana; the drug would never be legally sold on the open market.  Rather patients or their caregivers would be allowed to grow it themselves. On top of this a Dr could only prescribe Marijuana for a certain list of conditions. Cancer, Multiple Sclerosis, and Rheumatoid Arthritis, are among them.  

"We want it to be treated as similar as possible as prescriptions are written for vikieden, morpheme, oxy-cotton with strict oversight and having only a licensed physician involved that has a relationship with a patient," says Reistroffer. 

Emmett Reistroffer is with South Dakotan's for Compassion, a group backing Measure 13. 

"So all the same controls are in place that you would expect to receive any relationship with a doctor and so we  and so we created this program in the Department of Health they would regulate it and reevaluate the patients every six months, especially because it doesn't include any sale of marijuana of any type.  No jobs, no sales, no revenue would be created it just allows the patients to use their medication peacefully as long as they follow the limits and rules," says Reistroffer. 

But the state Medical Association is not in favor of Measure 13. 

""Medical marijuana is administered by smoking - and smoking is dangerous,"
 says Huber.   

Dr Thomas Huber is President of the South Dakota Medical Association.  Those opposed to this measure say to ensure safety prescription drugs need to be regulated by the FDA.   Huber says there are a wide range of drugs on the market that have been clinically tested as safe.

"I has a physician feel very, very comfortable that I have at my disposal the right kind of legitimate pharmaceuticals  to use for a patient who has chronic pain for whatever reason.  I have yet to run into a situation as a physician where I did not have at my disposal the symptoms they have when it comes to pain for whatever cause, " says Huber

While the South Dakota Medical Association will not endorse this law.   The American Medical Association has come out in favor of reclassifying marijuana as a schedule two substance.  This would open the door to more research on its medical uses, and allow doctors to prescribe it.   Patrick Lynch is a past president of the South Dakota Multiple Sclerosis Society.   He's backing Measure 13. 

"This is just another way I can help people with MS by letting them know there is an alternative drug out there other than what they might be on for their symptoms of MS," says Lynch

Lynch says Marijuana is good for more than just chronic pain.  He uses a wheelchair to get around. He says he's tried other prescription drugs, but marijuana is the only thing that stops his muscle spasms. 

Lynch counters arguments that Marijuana must be smoked, he says the drug can be injested or vaporized with no harm to the lungs.   There is research and medical doctors who stand on both sides of this debate.   But the legalizing marijuana for prescription use is more than just a medical issue.  

"Our position is it's just an effort to make it sound legal when in fact marijuana is marijuana, " says Mabry. 

Vermillion Police Chief Art Mabry, says both the South Dakota Police Chief's association and the State Sheriffs Association are opposed to Initiated Measure 13. 

"We're opposed to it because we're the ones on the street, we're the ones who deal with it day in and day out."

Mabry says this effort is a backdoor attempt to legalize marijuana. 

"Definitely, I mean and you can see that if you look at the progression in other states you can see that happening.  In November we're voting on weather to allow if for medical purposes California is going to be voting on weather to allow if for recreational purposes. California has had it for a number of years so yea this is just the first step in total legalization, " says Mabry. 

  Mabry says if passed this law could increase the amount of illegal marijuana on the street.  But those in favor of Measure 13 say it's not a direct attempt to legalize.  They say marijuana is already easily acquirable in South Dakota to anyone who wants it.  Bob Newland is with a second organization in favor of Measure 13.  The South Dakota Chapter of NORML.  

"I or you or anyone in this room can go to any town in South Dakota and spent 24 hours and find marijuana if you want it.  So the people who want marijuana if you want it.  So the people who want marijuana already have it, with the exception possibly of those who are too sick or too wheelchair bound or bed bound to make the connections."

Newland is both an advocate of medical marijuana and full legalization.  He says the drug war has failed miserably.  He says marijuana is less harmful than alcohol, and  that loosening marijuana laws would reduce drug crimes and violence on places like the Mexican Border.   But those who back Measure 13 say it's more about making sure critically ill patients can have access to physician prescribed relief.  Again, Patrick Lynch former president of the South Dakota MS Society.

"I tell you what my ma she's 70 years old, and she has rheumatoid arthritis and MS.  My sister has MS, I have MS, she's ready to tip right over that fence just go right over it.  But because it has not become a legal issue she's afraid to use it. I've with her MS symptoms I've seen her almost in tears with the pain she's going through with her arthritis. "

Those in favor of Initiated Measure 13 say there are countless cases where marijuana has helped patients with MS, terminal Cancer or a host of other illnesses.   They want to give Doctors the right to prescribe Marijuana under a heavily regulated system.  Those opposed to the measure say marijuana is not safe and that this law is a veiled attempt to bring about full legalization.    Voters have their say tomorrow.