Pubdate: Tue, 07 Jun 2005
Source: Warwick Beacon (RI)
Copyright: 2005 Warwick Beacon
Contact:  http://www.warwickonline.com/
Details: http://www.mapinc.org/media/1810
Author: Chris Barrett
Cited: Gonzales v. Raich ( www.angeljustice.org/ )
Cited: Marijuana Policy Project ( www.mpp.org )
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)
Bookmark: http://www.mapinc.org/topics/Raich (Angel Raich)

VOTE EXPECTED ON MARIJUANA BILL IN SPITE OF COURT RULING

The Rhode Island Senate is set to vote on a bill today that would
allow the use of marijuana for medicinal purposes. The vote comes only
a day after the U.S. Supreme Court ruled that federal authorities may
prosecute people for using medical marijuana even if state law
protects them from prosecution.

In spite of the ruling, the Senate plans to vote on the
bill.

"We've had it [the ruling] checked out by various lawyers as well as
the ACLU at the national level the case today is solely the courts
telling the Federal government they have a right to enforce the law,"
Senate Press Secretary Greg Pare said. "It provides states an even
more compelling reason to enact laws to protect those suffering from
chronic illnesses."

Krissy Oechslin, assistant director of communications at the Marijuana
Policy Project, said the Senate bill remains significant.

"It [the ruling] makes it more important for the state to pass medical
marijuana laws because 99 percent of marijuana arrests are at the
state level," Oechslin said.

The Marijuana Policy Project is a nonprofit group based in Washington
D.C. that supports marijuana policy reform.

The Rhode Island Medical Marijuana Act would allow patients with a
debilitating medical condition such as cancer, AIDS or glaucoma to
possess 12 marijuana plants and 2.5 ounces of usable marijuana if they
receive proper medical documentation. Patients, who must be at least
18 and their caregivers 21, would be required to register with the
State Department of Health and receive registration cards.

Warwick resident Rhonda O'Donnell, diagnosed with multiple sclerosis
in 1994, testified in favor of the bill.

"I'm not anti-medicine or anti-drugs," O'Donnell said. "I take tons of
medication and it doesn't work. I just want to try it
[marijuana]."

Rep. Joseph Faria (D-Dist. 56, Central Falls), who cosponsored the
House version of the bill, hoped it would provide a means of relief
for those suffering from chronic illnesses.

"I don't have a problem with it provided it's used properly," he
said.

Rhode Island Family Court Chief Judge Jeremiah S. Jeremiah, Jr.
testified against the bill but did not take any stance on whether
marijuana helps the chronically ill. He said he is concerned that the
bill is too broad and that it leaves many unanswered questions.

"Upon examining the Medical Marijuana Act, I see few safeguards in
place," Jeremiah wrote in a letter.

The letter expresses concerns about who would grow the marijuana and
the ability for physicians to effectively monitor patient use.
Jeremiah said the proposed registration cards are subject to fraud and
the bill would complicate existing Federal laws that classify
marijuana as a controlled substance.

Rhode Island Gov. Donald Carcieri also opposes the
bill.

The bill includes "a lot of troubling loopholes," Carcieri Press
Secretary Jeff Neal said. "This legislation lacks sufficient controls
on how medical marijuana would be produced and distributed."

The State Police and Health Department have also opposed the bill.
They not return requests for comment by press time.

A former nurse at Rhode Island Hospital for six years, O'Donnell --
who has never used marijuana - said doctors have told her marijuana
provides relief that medical science cannot replicate.

Approved medicines that include a synthetic version of the active
ingredient found in marijuana -- tetrahydrocannabinol --such as
Marinol are too expensive and do not provide the same benefits as
marijuana, O'Donnell said.

"If you swallow a pill you can't control how much you've taken,"
O'Donnell said.

Ten states already allow the medical use of marijuana.

Pare said Rhode Island state lawyers concluded the ruling only affects
California's law. The California law is unique because it requires the
state to grow the marijuana.

Rhode Island's version specifies nonprofit organizations registered
with the state cultivate and distribute the marijuana. It does not
name specific organizations.

Neal said the governor is concerned about the effects of yesterday's
ruling.

"The Supreme Court ruling complicates the ability if individual states
to authorize the use of medical marijuana," Neal said. "A state law
would give Rhode Islanders a false sense of security [from
prosecution]."

Oechslin said the bill has enough support to pass.

She cited a March 2004 survey conducted by Zogby International for the
Marijuana Policy Project that found 69 percent of Rhode Islanders
favor legalizing marijuana for medical purposes.

"I'd be very surprised if we don't see a bill go to the governor's
desk," Oechslin said.

O'Donnell said the sooner the better.

"I just don't see the holdup," she said, "why make people continue to
suffer?" 
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MAP posted-by: Richard Lake