Pubdate: Wed, 04 Jan 2006
Source: Newport Daily News, The (RI)
Copyright: 2006 The Newport Daily News
Contact:  http://www.newportdailynews.com/
Details: http://www.mapinc.org/media/1808
Author: Joe Baker, Daily News staff 		
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)

LEGISLATORS OK MEDICAL USE OF MARIJUANA

PROVIDENCE - For about half his life, Warren Dolbashian has been a
criminal.

The 34-year-old Cranston man has been smoking marijuana since he was
17 to combat symptoms of Tourette's syndrome. Pot greatly eased the
violent tics associated with this neuropsychiatric disorder.
Dolbashian found it worked better than the pharmaceuticals prescribed
by his doctors.

"Something must be working because I'm standing here and there are no
tics," a smiling Dolbashian said Tuesday standing in a Statehouse
hearing room.

Dolbashian was happy because on Tuesday Rhode Island became the 11th
state in the nation to legalize the use of marijuana by patients with
debilitating diseases. Earlier that afternoon, the General Assembly
overrode Gov. Donald L. Carcieri's veto of the medical-marijuana
legislation.

"It'll be a big weight off my back when I can have that relief without
worrying about the door being busted down (by police)," Dolbashian
said.

The Senate overrode Carcieri's veto of the Senate version of the bill
before the General Assembly recessed for the year last July, but the
House did not. On Tuesday, House leaders took up the override before
officially adjourning the 2005 session. The 59-13 vote easily
surpassed the 60 percent majority needed to override the veto. Both
the House and Senate voted to override the veto of the House version
Tuesday.

That vote made Rhode Island the first state to enact a medical
marijuana statute since the U.S. Supreme Court ruled last July that
federal law prohibiting marijuana use trumped state laws allowing the
medical use of the drug.

"The states should lead the way and not follow the federal
government," House Majority Leader Gordon D. Fox, D-Providence, said.

Carcieri spokesman Jeff Neal issued a statement reiterating the
governor's opposition to the legislation, saying it had "serious
flaws." One problem is that since the law does not provide patients
with any legal way to buy marijuana, they would have to find dealers,
who would not be protected by the law. Definitions of who would
qualify for using medical marijuana were too broad, the governor said,
and federal law could still prosecute users.

But proponents hailed the override, insisting it simply was a show of
compassion for people in desperate straits.

"There have been very, very few problems in any of the other 10 states
(with similar laws)," said Senate sponsor Sen. Rhoda E. Perry,
D-Providence. "This will demonstrate that this is sage, compassionate
and well-planned legislation. It's going to help so many people."

"Those medical marijuana laws are working well," said Rep. Thomas C.
Slater, D-Providence, who sponsored the House bill. "The sky has not
fallen and thousands of patients are living with less pain."

The bill passed despite what proponents called a last-ditch effort by
dissident Democrats and some House Republicans to work up support for
the governor's veto. State Rep. Bruce J. Long, R-Middletown, said he
received pressure from the governor's office and House Republican
leaders, but decided to support the bill.

"I certainly think it's right for state government to say to federal
government, 'We don't like your law,'" Long said. "This was a really
important issue to a small population of Rhode Islanders. I voted my
heart."

State Reps. Joseph N. Amaral and John J. Loughlin II, both R-Tiverton,
said they supported the governor in part because there was no way to
regulate the quality of the marijuana patients would get from street
dealers.

The state Department of Health now must develop regulations to
implement the law within 90 days. Doctors can then recommend that
their patients be allowed to use marijuana. Patients would apply for
an identification card protecting them from prosecution for possessing
up to 2.5 ounces of marijuana. Patients also could grow up to 12
marijuana plants at home for their own use. Patients also can have up
to two caregivers, who would be able to legally help them procure marijuana.

How They Voted

Local House representatives supporting the override were: Paul W.
Crowley, D-Newport; Bruce J. Long, R-Middletown; J. Russell Jackson,
D-Newport; Amy G. Rice, D-Portsmouth; and Raymond E. Gallison Jr.,
D-Bristol.

Reps. John J. Loughlin II and Joseph N. Amaral, both R-Tiverton, voted
to support Gov. Donald L. Carcieri's veto.

All four Newport County senators - Teresa Paiva Weed, D-Newport, June
N. Gibbs, R-Middletown, Charles J. Levesque, D-Portsmouth, and Walter
S. Felag, D-Warren - voted to override the governor's veto.
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MAP posted-by: Richard Lake