Pubdate: Mon, 22 Jan 2001
Source: Pierre Capital Journal (SD)
Website: http://www.zwire.com/site/news.cfm?brd=1130
Address: P.O. Box 878 Pierre, SD 57501
Contact:  Pierre Capital Journal, South Dakota newspapers 2001
Fax: 605-224-9210
Author: Patrick Baker,  Capital Journal Staff

LAWMAKERS DEBATE MEDICAL MARIJUANA BILL

A proposed medical marijuana bill will be scrutinized in the Senate State
Affairs committee before it goes up in smoke or is passed to the legislative
floor.

Committee members heard from several proponents and opponents of the bill
this morning before deciding to put SB73 on Wednesday's agenda for more
discussion.

Sen. Ron Volesky, D-Huron, introduced the bill as one of its sponsors. He
said no such bill has ever been introduced in the South Dakota Legislature
to his knowledge.

According to Volesky, his introduction of the bill is "not an effort in any
way, shape or form ... to legalize marijuana" except for certain, limited
medical purposes.

"I believe it would alleviate suffering for some of our citizens in South
Dakota," Volesky said.

In its current form, SB73 would allow licensed physicians to recommend the
medical use of marijuana for treatment of patients with glaucoma or to
mitigate the side effects of chemotherapy for cancer patients.

Volesky said, "I believe it's an important bill. I don't think it's
something we should be politically afraid of.

"I don't think it does anything to weaken our current stance on the illegal
use of marijuana."

Charles McGuigan, office of the attorney general, disagreed. He testified
that passing SB73 would "open the door" to legal problems.

McGuigan said language in the bill that refers to a patient's "primary
caregiver" is too broad. He asked who would qualify as such a person and why
anyone other than a patient would possess the drug.

According to McGuigan, the bill authorizing patients or their caregivers to
cultivate the plant could lead to law enforcement problems. He said people
legally covered in the bill at the state level could still face federal
prosecution for possessing or growing marijuana.

Sen. Fred Whiting, R-Rapid City, said changing the language of the bill so
physicians would prescribe the drug instead of "recommend" the drug's use in
written form or orally may improve SB73.

Whiting suggested the bill may be more "palatable" to the Legislature if the
"cultivation" language were removed and if a section were added prohibiting
the operation of a motor vehicle for patients under the influence of
marijuana.

Sen. Gil Koetzle, D-Sioux Falls, spoke to the committee as a co-sponsor of
the bill. He said he has witnessed the problems chemotherapy patients have
with nausea, one of the side effects that marijuana can mitigate for some
patients.

"I didn't hesitate to sign onto it," he said. "It was personal to me."

Koetzle said he has been with loved ones suffering from cancer treatments,
"holding what was left of their hair as they vomited."

Bob Newland, Hermosa, testified in support of the bill but said he believes
it should include several other classifications of patients. According to
Newland, marijuana is safer than some of the other drugs used to treat
glaucoma and certain other medical conditions.

Newland said he knows people with various ailments who could benefit from
such a law and who currently "make themselves criminals in order to feel
better" by using marijuana.

Doneen Hollingsworth, secretary of the Department of Health, said she
opposes SB73 because marijuana is not dealt with in controlled substance
statute as other medically legal drugs are.

Dean Krogman, South Dakota Medical Association, said physicians writing
prescriptions for marijuana would subject themselves to legal and licensing
problems at the federal level. He said the state medical association would
not support a law legalizing the use of a drug with limited medical research
to back its benefits.

Krogman said the American Medical Association currently opposes medicinal
marijuana legislation because of limited research and because of pending
legal cases concerning the conflict between federal law and state law.

Volesky said, according to the Aberdeen American News, there are nine states
that currently have medical marijuana laws.
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