Pubdate: Wed, 08 Jun 2005
Source: Newport Daily News, The (RI)
Copyright: 2005. The Newport Daily News.
Contact:  http://www.newportdailynews.com/
Details: http://www.mapinc.org/media/1808
Source: Newport Daily News, The (RI)
Author: Joe Baker, Daily News staff
Cited: Gonzales v. Raich ( www.angeljustice.org/ )
Cited: Marijuana Policy Project ( www.mpp.org )
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)

SENATE OKs MEDICAL MARIJUANA BUT GOVERNOR SAYS HE WILL VETO BILL

PROVIDENCE - In a powerful show of support, the Senate Tuesday voted
34-2 to allow Rhode Islanders to smoke marijuana to ease the symptoms
of debilitating illnesses.

The vote came a day after the U.S. Supreme Court ruled that federal
laws against marijuana use trump states' medical marijuana laws. The
decision overturned a 2003 federal appeal court ruling that
California's medical marijuana law prevented federal law enforcement
officials from prosecuting those with marijuana prescriptions.

Sponsored by Sen. Rhoda E. Perry, D-Providence, the legislation would
direct the Department of Health to issue licenses to patients
diagnosed with "a debilitating medical condition," including cancer,
glaucoma, AIDS, Hepatitis C, multiple sclerosis, Crohn's disease and
Alzheimer's disease.

Qualifying patients would be able to grow up to 12 marijuana plants or
possess up to 2.5 ounces of marijuana without fear of state
prosecution. The bill also would exempt two "primary caregivers" who
would help the patient procure marijuana.

The Senate amended the bill to title it the Edward O. Hawkins Medical
Marijuana Act in honor of Perry's nephew, who suffered for several
years before dying of AIDS in 2004. Marijuana might have eased her
nephew's "morphine induced dementia" and "ever-present pain," Perry
said.

The bill also was changed to exempt practitioners, nurses and
pharmacists from prosecution if they discuss the benefits or health
risks of smoking marijuana with their patients.

Rep. Thomas C. Slater, D-Providence, the sponsor of the House version
of the legislation and a cancer survivor, was overjoyed with the
lopsided vote.

"This isn't about federal court rulings," Slater said. "This is about
compassion for people who need help."

Slater said his bill will be amended to mirror the Senate bill and he
expects the House Health, Education and Welfare Committee to pass the
bill, possibly next week.

If the full House follows suit it will have to do so by a veto-proof
margin since Gov. Donald L. Carcieri has vowed to veto the bill if it
reaches his desk. Carcieri is taking no position on the medical
benefits or health risks of smoking marijuana, his spokesman Jeff Neal
said. The governor's objections are all on legal grounds, Neal said.

"This would give Rhode Islanders a false sense of security, placing
them in jeopardy of federal prosecution," Neal said, noting the U.S.
Supreme Court's ruling Monday.

Neal said the bill also "has a number of very significant loopholes,"
including one that would direct the Department of Health to issue
without discretion a license to any qualifying nonprofit organization
allowing it to grow and distribute marijuana.

Finally, Carcieri is concerned that state law enforcement officials
would be placed in an untenable position because they are supposed to
uphold federal laws.

Karen O'Keefe, legislative analyst for the Marijuana Policy Project in
Washington, D.C., said she was "thrilled" by the overwhelming Senate
vote, but disappointed by Carcieri's vow to veto the bill. The Supreme
Court ruling did not change anything, O'Keefe said, because medical
marijuana patients already were subject to federal
prosecutions.

"I think that's heartbreaking," O'Keefe said of the governor's pledge
to veto the bill. "That is not the best thing to do for the patients."

The Senate also rejected an attempt to change the bill to make it
illegal for anyone to drive a car, plane or boat if they have even a
trace of marijuana in their system. The amendment, sponsored by Sen.
Leonidas P. Raptakis, D-Coventry, was killed by a 29-4 vote.

Sen. Charles J. Levesque, D-Portsmouth, said police can arrest anyone
suspected of being under the influence of either liquor or drugs if
there is evidence they cannot operate a car, boat or plane.

If the bill passes, Rhode Island will become the 11th state to
legalize medical marijuana. 
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MAP posted-by: Richard Lake