Pubdate: Fri, 20 May 2005
Source: Providence Journal, The (RI)
Copyright: 2005 The Providence Journal Company
Contact:  http://www.projo.com/
Details: http://www.mapinc.org/media/352
Author: Scott Mayerowitz and Amanda Milkovits, Journal Staff Writers
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)

SENATE PANEL OKS MARIJUANA USE FOR MEDICAL PURPOSES

The Legislation Goes to the Full Senate; the House Has Yet to Schedule a Vote.

PROVIDENCE -- Rhode Islanders with cancer, AIDS and other serious illnesses 
would be allowed to use marijuana to alleviate their pain under a bill that 
cleared a key Senate committee last night.

Besides approving the medical marijuana legislation, the Senate Judiciary 
Committee also sent to the Senate floor bills that would expand 
neighborhood notification of sex offenders to include "moderate" offenders 
and requiring the police to record interrogations in capital crimes.

Yesterday's vote on medical marijuana was the first time such legislation 
has cleared an Assembly committee. The House held a hearing on its own, 
slightly different, bill Wednesday but has yet to schedule a vote.

Ten states already have similar laws that protect patients, their 
caregivers and doctors from arrest under state law if a doctor certifies, 
to the state Department of Health, that a patient has a debilitating 
condition -- such as cancer, glaucoma, or AIDS -- that could be helped 
through marijuana.

"It is time that this bill is passed so that we can alleviate the pain, the 
nausea and the disorientation that occurs when many of these very ill 
people are on a variety of other painkillers," said Sen. Rhoda E. Perry, 
D-Providence, the Senate sponsor.

The state would issue the patient and his or her caregiver registration 
cards that would authorize the possession of up to 12 plants or 2.5 ounces 
of "usable marijuana" at any time.

Perry's bill and one by Rep. Thomas C. Slater, D-Providence, do not address 
where the marijuana would come from. Perry said seeds would be obtained 
from illegal sources.

That was a concern for Sen. Michael J. Damiani, D-East Providence, a former 
police officer who is apprehensive about "enhancing the operation of the 
neighborhood drug dealer."

Damiani said a "clean source" needs to be found where there can be some 
quality control. That said, Damiani voted to send the bill on, hoping to 
amend it before a final vote.

Perry changed the bill yesterday, creating a new group of nonprofit 
organizations registered with the state to acquire, possess, cultivate and 
deliver marijuana. But again she didn't say where they would get the drug.

The organizations would have to register information about each employee 
and could not be within 500 feet of a school or building used for religious 
services. The amended bill also increases the minimum age for caregivers 
from 18 to 21 and expands the time the Department of Health has to review 
patient applications from 15 days to 30 days.

Sen. Joseph M. Polisena, D-Johnston, a registered nurse, said he was afraid 
that "potheads" would abuse the law, but said its time had come.

Sen. Leo R. Blais, R-Coventry, a pharmacist, said if a doctor approves the 
use of marijuana, there needs to be protection from lawsuits for the 
patient's other doctors, nurses and pharmacists. He and Sen. Leonidas P. 
Raptakis, D-Coventry, were the only nay votes.

The committee also voted to expand public notification of moderate sex 
offenders. A similar version of the bill was approved by the House last week.

Currently, only the most dangerous sex offenders are posted on Web sites 
for the Rhode Island Parole Board and the state police.

All convicted sex offenders are required to register with their local 
police within 24 hours of moving to a new residence. However, the general 
public is informed only about those considered most likely to repeat their 
offense. Public information is limited about low- and moderate-level sex 
offenders.

The Rhode Island Sex Offender Board of Review classifies each sex offender 
as Level 1, for least likely to repeat; to Level 2 for moderate risk, and 
Level 3, for most dangerous.

This measure by Committee Chairman Michael J. McCaffrey, D-Warwick, would 
expand the notification for Level 2 offenders. Their identities could also 
be posted on the Internet and the police could release their information to 
anyone who asks.

Sen. Charles J. Levesque, D-Portsmouth, had reservations, saying the 
Assembly left it up to the Board of Review board to classify each sex 
offender and consider how much public notification would be necessary. But 
this bill would take the matter out of the board's hands, he said. He was 
the lone dissenting voice.

Polisena, however, said: "It'll make my community safer, and I'm sure your 
community safer."

"Everything is on the Web," he added. "Why not know if your neighbor is a 
predator?"

The committee also approved legislation that would require taped 
interrogations for anyone accused of a capital crime. A similar bill was 
approved by the House Judiciary Committee and is headed to the House floor.

The bill, sponsored by Sen. Rhoda E. Perry, D-Providence, had drawn 
opposition from police chiefs. However, the bill was amended after 
discussions among state police Supt. Steven M. Pare and John Hardiman, the 
state's public defender, McCaffrey said.

The amendment removed a statement that required turning over the recordings 
to the defendant's attorney within 10 days of the first court appearance.

Based on comments from some of the committee members, the new version 
included "good faith exceptions." If the recording equipment breaks, the 
tape runs out, the officer forgets to turn the equipment on, the suspect 
refuses to be taped, or if taping will jeopardize someone's safety, the 
unrecorded interrogation evidence can still be admitted to trial.

That exception also includes a suspect's "spontaneous utterances."

Damiani gave the committee an example. "I pulled up to a house, and a guy 
comes out," the former police officer said. "I said, 'What happened?' He 
said, 'I just killed my mother'."

Damiani said the man's name, and Michael DiLauro, a lobbyist for the office 
of the public defender, nodded. "That was my client," DiLauro said. 
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