Medical Marijuana Patients' News & Views

Bills Killed in Arkansas, Wyoming But Moving Forward in Maryland, Vermont, Bad Bill Introduced in Oregon

As the spring legislative season at state capitols around the country begins to wind down, the record on medical marijuana at the statehouse this year is decidedly mixed. In the latest voting, legislators in Arkansas and Wyoming killed medical marijuana bills, but solons in Maryland and Vermont, where the issue has been in play for several sessions, have kept legislation alive and moving forward. Meanwhile, in Oregon, where voters passed a medical marijuana initiative in 1998, activists are mobilizing to defeat a bill that would place new restrictions on the existing program.

In Arkansas, a medical marijuana bill ( HB 1321 ) sponsored by Rep. Jim Lendall ( D-Mabelvale ) died in committee March 12. The bill would have allowed registered patients to grow and possess small amounts of medical marijuana upon consultation with a doctor, but was restricted to pain relief for cancer, AIDS, and other "debilitating medical conditions."

Although the bill was supported with testimony by several patients and former US Surgeon General Dr. Jocelyn Elders and pushed by the Alliance for Drug Reform in Arkansas ( http://www.ardpark.org ), members of the House Public Health, Welfare and Labor Committee voted it down, citing concerns about making marijuana legal in some circumstances and questioning why prescription Marinol would not suffice.

Perhaps lawmakers were influenced by drug prohibitionist Ken Fithen, associate director of the Arkansas Faith and Ethics Council, who told the committee: "This bill would open the door to major problems with dangerous and toxic drugs. It's the gateway drug. We're sending a very wrong message to our young people."

In Wyoming, a medical marijuana bill sponsored by state Sen. Keith Goodenough ( D-District 28 ) died Monday when the Senate leadership refused to act on it, instead placing it on the dead letter "general file." The defeat was at least the sixth for Goodenough's long-standing campaign to pass such a bill in Wyoming. Goodenough's bill would have allowed seriously ill people to use marijuana with their doctors' approval.

Goodenough had succeeded in guiding this year's bill through the Senate Judiciary Committee, where several of his previous efforts had met their doom, on a 3-2 vote last month. "It's a fairness issue," Goodenough said at the time of that vote. "If you're gonna die in two months, you should be able to do whatever you want. It really bothers me that the government steps between the doctor and patient."

As in Arkansas, opponents of the Wyoming medical marijuana bill cited concerns about federal intervention and concerns about handling a non-pharmaceutical medicine, as well as reciting drug war bugaboos. One lobbyist for the Wyoming Association of Sheriffs and Chiefs of Police warned the committee that marijuana use leads to violence.

But if this year's efforts have now failed in Arkansas and Wyoming, bills continued to move in recent days in Vermont and Maryland. On March 13, the Vermont Senate passed a medical marijuana bill by a margin of 22-7. The bill now moves on to the House, which passed an almost identical bill last year. The Marijuana Policy Project ( http://www.mpp.org ), which has spent nearly $150,000 on lobbying and other efforts to advance medical marijuana in Vermont in the last two years, reports that it expects this year's bill to pass the House.

But MPP is keeping a careful watch on Gov. Jim Douglas ( R ), who has been talking out of both sides of his mouth about medical marijuana in recent weeks. Last year, pressure from then Gov. Howard Dean ( D ), now a contender for the Democratic presidential nomination, derailed a similar bill that seemed set to pass. MPP has announced a $20,000 TV advertising campaign to pressure Douglas to sign the bill if and when it passes the House.

"Last year, the Vermont House passed a nearly identical bill by a vote of 82-59, becoming the first Republican-controlled state legislative chamber ever to pass a medical marijuana bill," said Billy Rogers, director of state policies for the Marijuana Policy Project, based in Washington, DC. "We have every reason to expect a similar vote this year. Then, the question will be whether or not Governor Jim Douglas follows the will of Vermont's citizens and their elected representatives."

According to MPP, the House should vote on the bill next month.

And in Maryland, medical marijuana proponents won what MPP called a "partial victory" Tuesday when the state House of Delegates passed an amended version of HB 702 in a see-saw session that saw the bill first defeated, then passed on a second vote. The amended version of the bill, which reduces penalties for medical marijuana users but still leaves them facing arrest, lost in the first vote because some key supporters were not present and others voted "no" to protest its dilution.

"We support the amended version of this bill, but with reservations," MPP's Billy Rogers. MPP has supported medical marijuana legislation in Maryland for the past four legislative sessions. "While this bill is a step forward in our struggle to protect seriously ill Marylanders, it does not go far enough. Patients with cancer, AIDS and other serious illnesses will still be handcuffed, possibly spend a night in jail, prosecuted, and forced to hire lawyers to defend themselves. Under this bill, even if the court agrees that a patient was using medical marijuana legitimately, the patient will still be punished with a fine," said Rogers. "While we support this bill as a small step forward, we will certainly be back next year to advocate for legislation that removes the threat of arrest entirely."

Observers expect action in the state Senate soon. The bill was bottled up in a Senate committee awaiting action by the House, but now should be taken up again.

Finally, medical marijuana supporters are mobilizing to stop an Oregon bill that would force participants in that state's ongoing medical marijuana program to complete an education course and would bar anyone with a prior drug conviction from participating in the program. Introduced by Rep. Jeff Kruse ( R-Roseburg ), HB 2939 is set for a hearing at the Health and Human Services Committee today ( March 21 ).

Oregon's medical marijuana program, despite some problems, has been a model for efforts across the nation. It has expanded from 594 card holders in April 2000 to 4,639 card holders in February.

To read the Vermont bill online, go to: http://www.leg.state.vt.us/docs/legdoc.cfm?URL=/docs/2004/bills/senate/S-076.HTM

To read the Maryland bill online, go to: http://mlis.state.md.us/2003rs/billfile/HB0702.htm

To read the Oregon bill online, go to: http://pub.das.state.or.us/LEG_BILLS/PDFs/HB2939.pdf
, or read the annotated version HERE.

It is unconstitutional to outlaw possession of marijuana in Ontario in light of recent court decisions, Windsor lawyer Brian McAllister argued in Superior Court Tuesday.

"This is more than a political question, it's a constitutional one," McAllister said outside the Superior Court building after making a detailed presentation citing numerous cases. "The courts have recognized that there's a constitutional right for people who need marijuana for medical purposes to get it. Parliament has refused to address that underlying need."

McAllister said that since the Controlled Drug and Substances Act does not differentiate between recreational and medical uses of marijuana, he argued that neither should be considered a criminal offence.

McAllister and government lawyers wrapped up their arguments Tuesday in a case that could have national repercussions.

Superior Court Justice Steven Rogin, whose decision will govern all Ontario lower courts, reserved judgment. A date for the ruling has not been set.

Quash charge

McAllister initiated the high-profile case when he convinced Ontario Court Justice Douglas Phillips on Jan. 2 to quash a charge against a 16-year-old Kingsville youth for possessing less than 30 grams of marijuana.

Hundreds of marijuana cases across Ontario have since been put on hold. While McAllister's case has moved up to Superior Court, a similar case goes before the Ontario Court of Appeals in Toronto today.

McAllister said a number of judges, dating to the 1971 LeDain Commission report, have shown support for decriminalizing marijuana.

"The courts have repeatedly sent a signal to parliament that it's time to change the way we regulate marijuana in this country, particularly because there's a recognized need for people with medical needs to get it," he said. "The government has for 30 years sent signals and hints that it's going to decriminalize it and it hasn't. And I think the judiciary is finally getting fed up and it's going to force parliament to take the bull by the horns one way or another."

Federal lawyer Peter DeFreitas, however, argued that the case has nothing to do with the Constitution.

"This is a very narrow issue as to whether or not the marijuana prohibition is an offence known to law," DeFreitas said. "This is not a constitutional case."

DeFreitas also said the government is addressing the issue.

"Parliament responded in this case by passing regulations," DeFreitas said. "That's an act of parliament."

McAllister's challenge is based on a July 31, 2000, decision by the Ontario Court of Appeal striking down the federal law prohibiting the possession of less than 30 grams of marijuana.

Violated rights

The court found in the case of Terry Parker of Toronto -- who was in court in Windsor Tuesday -- that the law violated the rights of sick people who use marijuana for medical reasons.

It gave the government a year to revamp the law and correct the problem, or the current law would become invalid.

Ottawa responded with its Medical Marijuana Access Regulations which McAllister says does not go far enough.

... Below is the text of the resolution on medical marijuana that was adopted by the New Jersey State Nurses Association at its last convention in Atlantic City.

The New Jersey State Nurses Association Resolution Concerning Therapeutic Marijuana:

A number of New Jersey residents would benefit from access to therapeutic marijuana as a form of treatment for their health problems.

Whereas: Marijuana has been used medicinally for centuries, and marijuana was widely prescribed by physicians in the United States until 1937, and;

Whereas: Marijuana has been reported to be effective in: a ) reducing intraocular pressure in glaucoma; b ) reducing nausea and vomiting associated with chemotherapy; c ) stimulating the appetite for patients living with AIDS ( acquired immunodeficiency syndrome ) and suffering from the wasting syndrome; d ) controlling spasticity associated with spinal cord injury and multiple sclerosis; and;

Whereas:: Patients not helped by conventional medications and treatments may find relief from their suffering with the use of marijuana, and;

Whereas: The relative safety of marijuana has been established and the benefits associated with medical marijuana use would outweigh any potential adverse effects, and;

Whereas: Nurses have a fundamental responsibility to promote health, to prevent illness, to restore health and to alleviate suffering, and;

Whereas: Thirty-three states have passed legislation recognizing marijuana's therapeutic value, and eight states have removed criminal penalties for use, possession and cultivation of marijuana for medical reasons, and;

Whereas: Ten State Nurses Associations, the American Nurses Association, the American Medical Association, the American Public Health Association and various other health-related associations have favorable positions on medical marijuana education and/or use, therefore;

Be it resolved that The New Jersey State Nurses Association:

Recognizes the therapeutic value and safety of medically recommended marijuana; and,

Recognizes the effect of second-hand smoke on those in the immediate therapeutic environment; and,

Supports legal access to medically recommended marijuana for patients in New Jersey who are under the care of a licensed health-care provider; and,

Urges the Governor of New Jersey and the New Jersey State Legislature to move expeditiously to make medical marijuana legally available to New Jersey residents who can benefit from it.

A recent CNN poll indicated that 80 percent of the American public believes that marijuana should be available to patients who can benefit from it, despite the government's campaign of disinformation. The percentage of nurses who believe in medical marijuana is somewhat higher. A Nursing Spectrum poll from the tri-state area ( New Jersey, Pennsylvania, and Delaware ) a few years ago showed that 96 percent of the nurses who responded had a favorable opinion of medical marijuana. The NJSNA resolution in Atlantic City passed unanimously.

It is this nurse's opinion that marijuana is a safe, effective and inexpensive therapeutic agent that should be available to anyone who can benefit from it, but decide for yourself. An excellent resource, besides those cited in the resolution, is
www.marijuanainfo.org

KENNNETH R. WOLSKI, Trenton

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AMERICANS FOR SAFE ACCESS Contacts for info. on other activity venues:

... Below is the text of the resolution on medical marijuana that was adopted by the New Jersey State Nurses Association at its last convention in Atlantic City.

The New Jersey State Nurses Association Resolution Concerning Therapeutic Marijuana:

.

AMERICANS FOR SAFE ACCESS
Contacts for info. on other activity venues: