Pubdate: Thu, 03 Mar 2005
Source: Santa Fe New Mexican (NM)
Copyright: 2005 The Santa Fe New Mexican
Contact:  http://www.sfnewmexican.com/
Details: http://www.mapinc.org/media/695
Author: Steve Terrell
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)

SENATE OKS MEDICAL-MARIJUANA BILLS

Not one, not two, but three bills that would set up state programs to 
provide marijuana to patients suffering from certain serious medical 
conditions won overwhelming bipartisan approval from the state Senate on 
Wednesday.

If any of the bills makes it through the House and is signed by the 
governor, patients suffering conditions such as cancer, glaucoma, multiple 
sclerosis, certain spinal-cord damage, epilepsy and HIV-AIDS would be able 
to use marijuana supplied by the state Health Department.

A spokesman for Gov. Bill Richardson issued a statement that said: "For 
people who are living in a tremendous amount of pain as a result of 
life-threatening diseases, this is a treatment that they should be allowed 
to have."

"The governor is studying the medical-marijuana legislation that passed the 
Senate," spokesman Gilbert Gallegos said, "and is encouraged that there 
appears to be proper safeguards in place to protect against misuse and 
abuse for personal use."

But advocates for the bills agree they could face a much harder time in the 
House. Four years ago the House passed a medical-marijuana bill, which 
eventually died in the Senate.

However, two years ago, the House defeated a similar measure by a 49-20 
vote. A majority of both Democrats and Republicans voted against the bill 
in 2003.

Under Senate Bill 795, sponsored by Sen. Cisco McSorley, D-Albuquerque, the 
Health Department would license producers to provide marijuana, which would 
be grown in secure facilities. Patients whose doctors recommended the 
marijuana would have to apply to the department. A review board of doctors 
would approve patients, who would be given a card, good for a year, 
allowing them to possess enough marijuana to last three months.

This bill passed 27-11, with support from 18 Democrats and nine 
Republicans. Voting in the minority were eight Republicans and three Democrats.

The Senate then passed SB 891, sponsored by Sen. Steve Komadina, 
R-Corrales. His bill would require the marijuana to be pharmaceutical 
grade, so, he said, the dosages would be consistent. Under his bill, 
marijuana wouldn't be smoked, although a device such as an inhaler or 
atomizer could be used.

Komadina's medical-marijuana plan also would be administered by the Health 
Department, which would issue participants identification cards that have 
to be renewed every three months.

SB 891 passed on a 29-11 vote.

The third bill, SB 492, sponsored by Sen. Shannon Robinson, D-Albuquerque, 
would allow people to use medical marijuana topically -- in the form of a 
patch, lotion, gel or a bath. Doctors would have to certify patients with 
chronic or debilitating diseases marked by pain or severe muscle spasms to 
be eligible for the program.

Robinson's bill won by the biggest margin, 31-9.

Because of technical differences in the bills, it's not clear how the state 
would administer a medical-marijuana program if all were signed into law.

However, a House committee could combine the three into one substitute 
bill. If that substitute made it through the House, it would have to go 
back to the Senate for approval.

Another possibility if more than one bill passed the House: Richardson 
could choose to sign the one he liked best.

Or if all three were to be signed into law, the Health Department could try 
to implement all the parts of the bills that don't conflict. Courts might 
have to settle conflicts.

The most serious objection to all three bills expressed by opponents was 
that the bills would be in conflict with federal drug laws.

"At the end of the day, no matter what you say, this violates the federal 
controlled-substance law," said Sen. Bill Payne, R-Albuquerque. "I believe 
in the therapeutic value of cannabis," he said. But he said proponents 
should be trying to change the federal law first.

The U.S. Supreme Court currently is considering a case that could determine 
whether the federal government can prosecute ailing marijuana users who use 
the drug with their state's approval.
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MAP posted-by: Beth