Pubdate: Fri, 25 Feb 2005
Source: Austin Chronicle (TX)
Copyright: 2005 Austin Chronicle Corp.
Contact:  http://www.auschron.com/
Details: http://www.mapinc.org/media/33
Author: Jordan Smith
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)

WEED WATCH

Medi-Pot Wars - Busting Quadriplegics

Medical marijuana supporters converged on the Capitol Feb. 17 for the 
Texans for Medical Marijuana lobby day. Medi-pot patients were joined by 
members of the medical and religious communities to urge lawmakers to pass 
HB 658 - authored by Rep. Elliott Naishtat, D-Austin, and joined by Reps. 
Terry Keel, R-Austin, and Suzanna Gratia Hupp, R-Lampasas - which would 
create an affirmative defense to prosecution for marijuana possession and 
forbid any law enforcement from investigating licensed doctors for 
discussing marijuana as a treatment option with their patients. Patients 
and others support medi-mari "not because they want to have a party, not 
because they want to do something deviant, but because they want to stay 
alive," TMM Executive Director Noelle Davis said during a noon press 
conference on the Capitol steps. "This is not about partying, it is about 
health care."

In all, 26 states have laws that in some manner recognize medi-pot, 
including 10 that legalize it outright. Florida and Idaho have laws 
allowing a medi-mari defense, similar to the one now before Texas 
lawmakers. (Keel authored a similar bill in 2001 that died in committee.) 
"There is ample evidence that marijuana is beneficial to people suffering 
from the chronic and debilitating pain associated with cancer, AIDS, and 
multiple sclerosis," Naishtat told supporters. "Under my bill, a patient 
would have to prove in court that he or she was suffering from a bona fide 
medical condition, and that a physician had discussed or recommended 
marijuana as an option to alleviate the symptoms of a medical condition."

Among those joining TMM on Thursday was 36-year-old Chris Cain, a 
quadriplegic who has used marijuana to control pain and spasms for the last 
10 years. Cain told the crowd that marijuana is the first drug he's used in 
his 20 years in a wheelchair that actually controls his symptoms without 
drugging him out like pharmaceutical medicines he'd previously been 
prescribed. Cain said he's been punished for his outspoken support of 
medi-pot - a circumstance that would be corrected with the passage of 
Naishtat's bill. In July, the Hardin Co. Sheriff's Office, with the aid of 
two helicopters, raided Cain's home near Beaumont, seized three joints, and 
threw Cain in jail. Cain spent several hours in jail without medical 
attention before being released to his mother's care. (The fuzz also seized 
computer equipment Cain uses to run his search-engine business.) Cain said 
local law enforcers had been harassing him for four years as a result of 
his support for medi-pot and his public admissions that he is a medi-mari 
user. Cain is currently seeking to prove his innocence in court (if it goes 
that far, since there are some questions about the legality of the raid, he 
said), and hopes state lawmakers will help him. "Pass [HB 658] and let me 
defend myself in court," he said.

The most recent Texas Poll indicates that 75% of Texans support medical 
marijuana legislation; a recent AARP poll revealed that 72% of that group's 
membership would also support such a measure. Additionally, the Texas 
Nurses Association has thrown its support behind HB 658, Davis pointed out, 
and last year the Texas Medical Association gave its nod to efforts to 
protect the right of doctors to openly discuss treatment options with their 
patients. Davis said that TMM has so far earned the formal support - via 
petition - of more than 7,500 patients, doctors, and advocates across the 
state.

Grandpa Walter's Reefer Madness

In other medi-pot-related news, Illinois lawmakers last week heard 
testimony and then declined to pass out of committee a bill that would 
legalize possession of up to 12 plants and 2.5 usable ounces of marijuana 
for use by registered medi-pot patients. Chicago Democratic Reps. Larry 
McKeon (a former Los Angeles cop) and John Fritchey introduced the bill, 
which was bottled up on Feb. 17 after federal drug czar John Walters 
swooped into Springfield to testify against it.

Over the past few years, Walters has increasingly used his position as head 
of the White House Office of the National Drug Control Policy to lobby 
against drug policy reform proposals made in individual states, in part by 
using inflated rhetoric and highly questionable "facts." Last week he was 
at it again, telling Illinois lawmakers that 60% of people seeking drug 
treatment do so because of marijuana abuse and dependency problems, and 
recycling his ain't-your-grandpappy's-pot arguments. "This is not your 
father's marijuana," he said. "This is not your marijuana when you were in 
college, if you are a baby boomer. You are suffering from 'reefer madness' 
if you think it is."

Adding insult to injury, Illinois Capitol Police detained one witness, 
who'd testified in favor of the measure, for bringing his federally 
dispensed medi-pot joints to the capitol as a visual aid. Irvin Rosenfeld 
is one of seven patients still legally allowed to use medi-pot under a 
federal research program closed in 1992. He has used pot provided by the 
feds for more than 20 years, but was detained by police who said they 
needed to verify his claims before releasing him and his tin of joints. The 
law enforcement action did not sit well with bill sponsor McKeon. "I find 
that disgusting and offensive," he said, adding that he would not be 
deterred by the temporary setback. "I can't remember ever seeing any White 
House, Republican or Democrat, put such a massive effort and spend so many 
taxpayer dollars trying to quash a state bill. ... This is an outrageous 
misuse of tax dollars," he said. "I'm going to proceed with this 
legislation, period."
- ---
MAP posted-by: Jay Bergstrom