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State Legislatures Take Up Medical Marijuana Measures

Medical marijuana is on the move in states across the US in 2005. Bills have been introduced in several state legislatures including Rhode Island, Minnesota, and Alabama.

Rhode Island
A medical marijuana bill in Rhode Island ( S0710) is making great progress through that state's legislature. As the Providence Journal reported on April 6, 2005 ( "Lawmakers Rally Behind Legalizing Medical Marijuana"), "Support is building in both the House and the Senate for passage of a bill to legalize the medical use of marijuana in Rhode Island, an idea endorsed by leaders of the General Assembly, the Rhode Island Medical Society and the Rhode Island State Nurses Association. In the House, 50 lawmakers have signed on to the bill, including Majority Leader Gordon D. Fox, D-Providence. The lead sponsor, Rep. Thomas Slater, D-Providence, said House Speaker William J. Murphy, D-West Warwick, had pledged his support. In the Senate, the cosponsors include Senate President Joseph Montalbano, D-North Providence; Majority Leader Teresa Paiva Weed, D-Newport; and Judiciary Committee Chairman Michael McCaffrey, D-Warwick, whose committee last night gave the bill its legislative debut for the year last night. The bill proposes to protect patients, their caregivers and doctors from arrest if a doctor certifies to the Department of Health that the patient has a debilitating condition and the benefit of marijuana treatment would outweigh any health risks."

The RI State Senate Judiciary Committee held a hearing on the bill in April 2005. As the Brown University Daily Herald reported on April 6, 2005 ( "Senate Judiciary Committee Hears Medical Marijuana Testimony"), " Chronically ill Rhode Islanders, medical experts and advocates testified in favor of the Rhode Island Medical Marijuana Act before the Senate Judiciary Committee Tuesday afternoon at the State House. Although State Sen. Leo Blais, R, expressed animated opposition to the bill early into the proceedings, there were no witnesses testifying against the measure. If passed, the bill will allow chronically ill individuals and their caregivers to acquire and cultivate marijuana with protection from prosecution and arrest. Qualifying medical conditions include cancer, multiple sclerosis, AIDS and illnesses that cause severe symptoms alleviated by marijuana use, such as nausea or seizures. Ten states have passed similar measures, most through voter initiatives, but medical use of the drug remains illegal at the federal level."

Another co-sponsor of the RI legislation is State Senator Michael Damiani, formerly an opponent. According to the Daily Herald, "As the hearing drew to a close, Damiani explained his support for the bill despite his previous opposition to it and career as a police officer. 'No one can accuse me of being soft on drugs . . . . ( But ) in the past couple years I've watched a lot of people die from cancer,' Damiani said. He added that there were a few 'bugs' in the legislation but expressed confidence that they would be worked out. 'As long as smoking grass makes people who probably aren't going to be around much longer feel better, it's a halfway decent idea to me,' Damiani said."

Minnesota
Minnesota legislators in the 2005 session are considering SF1973, a bill to allow patients in need to get access to medical marijuana. As the Winona Daily News reported on March 30, 2005 ( "Compassion Prompts Kierlin to Co-Author Medical Marijuana Bill"), "State Sen. Robert Kierlin of Winona has co-authored a bill to protect seriously ill people from prosecution for using medicinal marijuana. Although federal law bars all use of the drug, states have passed laws to exempt seriously ill patients from state-level prosecution. Minnesota would become the 11th state to enact such a measure if Kierlin's bill, introduced Tuesday, passes the Legislature. 'It's a question of compassion,' the Republican said. 'With terminal illnesses, if there's any chance to solve any of the pain problem with any drug we should give it a shot.'"

According to the Daily News, "Kierlin said he signed on to the bill, authored by Sen. Steve Kelley, DFL-Hopkins, only after the language was tightened to allow only people with terminal illness or extreme pain to use the drug with their doctors' consent. 'Cancer is not a partisan disease,' said Neal Levine, director of state policies at the Marijuana Policy Project, a Washington, D.C., organization that works to decriminalize marijuana. Marijuana can relieve pain, nausea and muscle spasms and can stimulate appetite. It is often used to treat patients with cancer, AIDS, multiple sclerosis, glaucoma and epilepsy."

The bill has already received a favorable vote from the Minnesota Senate Health and Family Security Committee. As the St. Paul Pioneer Press reported on April 6, 2005 ( "Senate Panel OKs Medical Pot Bill"), "The Senate panel voted to bar such arrests and passed a bill to sanction marijuana's use for those with debilitating illnesses -- the first committee vote on the measure in Minnesota after years of debate. Backers say the bill probably won't pass all the legislative hurdles this year. Even if does, Gov. Tim Pawlenty said he is unlikely to sign it into law. 'I'm not for it. I think we have enough other medicines and pain relievers available that we don't need to use that one,' Pawlenty said Tuesday. But those testifying before the Senate Health and Family Security Committee said other pain medications don't help them as much as marijuana does. And they said they came to marijuana as a last resort."

According to the Pioneer Press, "'There are other pain medications that are currently available but they don't all work for all people Marijuana has been proven effective for a number of patients,' said Sen. Steve Kelley, DFL-Hopkins and chief sponsor of the bill. He said it is morally and ethically right to allow patients to use the drug that best helps them in their time of sickness and suffering. The measure would 'do something to express our sense of compassion for that suffering and do something practical to address it,' Kelley said."

For more information on the Rhode Island effort, check out the Rhode Island Patient Advocacy Coalition.

Alabama
Legislation has been introduced in Alabama to allow access to medical marijuana. The bill is HB703. According to the Montgomery Advertiser on April 1, 2005 ( "State Pushed On Medical Marijuana"), "Laura Campbell knows it's illegal for her to smoke pot. But the 32-year-old mother of three has a debilitating illness that ravages her joints and causes excruciating pain, often leaving her crouched in the fetal position and rocking in agony. She and others like her want the Alabama Legislature to pass a law making medicinal use of marijuana legal. State Rep. Laura Hall, D-Huntsville, is pushing legislation that would legalize the use of the drug for the seriously ill and dying. Campbell, who suffers from three forms of arthritis and fibromyalgia, is hopeful the bill will make its way to the governor's desk and be signed into law. 'I take 14 pills a day,' Campbell said during a news conference announcing the proposed legislation Thursday. 'It hurts so bad, you shake. You can't find a physician to make the pain stop.'

The Advertiser noted that "Under the proposed legislation, use of marijuana would be strictly limited to medicinal purposes, said Hall, the principal sponsor. 'It's with a doctor's recommendation,' Hall said. 'It would be illegal for an individual to get it and sell it.' Hall's measure would allow patients access to marijuana for relief of their symptoms. Similar measures have found support in other states, and a poll last year indicated a healthy majority of Alabamians backed the idea. According to the survey by the Mobile Register and the University of South Alabama, 76 percent of Alabama residents believe adults should be allowed to use marijuana if their physicians recommended it. Despite public opinion, Gov. Bob Riley said he would not support such a measure. 'There's no way I can support legalization of marijuana or any other illegal drug,' the governor said Thursday. 'There are a multitude of other prescription options I think are still viable.'"

For more information on the Alabama effort, check out Alabamians for Caring Use.

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copyright © 2005-2007, Coalition for Medical Marijuana
Sponsors Include: American Alliance for Medical Cannabis   --   Americans for Safe Access   --   Angel Justice   --   Angel Wings Patient OutReach, Inc.   --   California NORML   --   CannabisMD   --   Cannabis Action Network   --   Cannabis Consumers Campaign   --   Change The Climate   --   Common Sense for Drug Policy   --   DRCNet   --   Drug Policy Alliance   --   DrugSense   --   Green Aid   --   Human Rights in the Drug War   --   Patients Out of Time   --   Rhode Island Patient Advocacy Coalition   --   Safe Access
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