Pubdate: Tue, 06 Mar 2001
Source: Albuquerque Journal (NM)
Copyright: 2001 Albuquerque Journal
Contact:  P.O. Drawer J, Albuquerque, N.M. 87103
Website: http://www.abqjournal.com/
Author:  Deborah Baker, The Associated Press
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)

SENATE BACKS MEDICAL MARIJUANA BILL

SANTA FE   --   The Senate on Tuesday voted to legalize the medical use of 
marijuana by New Mexicans with debilitating illnesses.

The proposal   --   part of Gov. Gary Johnson's package of drug reform 
proposals   --   was approved on a vote of 29-12. It goes to the House.

"We are trying to help very, very sick people... who are in deep pain, who 
are having trouble coping with life," said Sen. Roman Maes, D-Santa Fe, the 
bill's sponsor.

Maes estimated that between 100 and 200 people in the state may be able to 
qualify for the program.

The Department of Health would create and administer the program, and 
certify the patients who would be eligible.

Certified patients and their caregivers would be protected from criminal 
prosecution for possessing the marijuana   --   called "cannabis" in the bill.

The Senate adopted an amendment, however, that requires the program to be 
administered in accordance with federal law. "Under federal law, we cannot 
grow marijuana, distribute it or sell it," said Sen. William Payne, 
R-Albuquerque, who proposed the change.

That appeared to preclude the Department of Health from distributing 
marijuana, leaving patients to obtain it on their own, unless federal law 
was changed.

Department officials said they would have to determine precisely what the 
health agency could do in light of the amendment.

"I feel comfortable with the way the bill was passed out of the Senate," 
said Health Secretary Alex Valdez.

The bill had bipartisan support, with 20 Democrats and nine Republicans 
voting for it. Eight Republicans and four Democrats opposed it.

Its supporters insisted that voting for the medical use of marijuana did 
not signal support for Johnson's other drug proposals.

"This is not a drug issue. This is a medical issue," said Sen. Steve 
Komadina, R-Corrales, a physician.

Doctors need another pharmacological weapon in their arsenals to treat 
patients, he said.

"This is really about alleviating unnecessary suffering... something I went 
into business to help prevent," said Sen. Allen Hurt, R-Waterflow, who is 
also a physician.

Debilitating medical conditions include cancer, AIDS and glaucoma. 
Patients' physicians would have to certify they had a condition that qualified.

An advisory board of nine physicians recommended by the New Mexico Medical 
Society would advise the health department. The medical society endorsed 
the legislation.

"Certainly I do not support the legalization of any drug," said Sen. Don 
Kidd, R-Carlsbad. But he said he favored giving cancer patients in pain "a 
little comfort and a few hours of peace."

Opponents said the program wasn't workable, flew in the face of federal 
law, and was the first step toward more liberalized drug laws.

"The federal government hasn't cleared the way for anybody in America to 
legally use marijuana," objected Sen. Kent Cravens, R-Albuquerque.

The Senate adopted a series of other changes aimed at tightening up the 
bill   --   requiring patients to have a photo ID, for example, and 
ensuring that if federal law ever cleared the way for marijuana to be grown 
for the program, it would be done in a secure facility.

But the Senate rejected a proposal to restrict the marijuana to forms other 
than smoking   --   such as pills or cream. It was offered by Sen. Ramsay 
Gorham, R-Albuquerque, who said she was concerned that liberalizing drug 
laws would lead to increased drug use by youngsters.

"This is the nose of the camel under the tent," Gorham said. Advocates of 
medical marijuana will push for the legalization of heroin and cocaine, she 
contended.

"I would like to have the ability to use the form that I think would help 
my patient the most," Komadina said. The bill repeals a law that has not 
been used in two decades, which allows the medical use of marijuana but 
only in conjunction with a research program.

The Republican governor's other proposals include the decriminalization of 
possession of less than one ounce of marijuana, reduced penalties for 
possession of some other drugs, and an overhaul of the state's asset 
forfeiture law.

"I do hope this is as far as we go," said Senate Republican Leader Stuart 
Ingle of Portales, who voted for the bill.
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MAP posted-by: Terry Liittschwager