Pubdate: Thu, 05 Jan 2006
Source: Providence Journal, The (RI)
Copyright: 2006 The Providence Journal Company
Contact:  http://www.projo.com/
Details: http://www.mapinc.org/media/352
Referenced: The Edward O. Hawkins Medical Marijuana Act 
http://www.rilin.state.ri.us/Billtext/BillText05/SenateText05/S0710Aaa.pdf
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)
Bookmark: http://www.mapinc.org/states/ri/ (Rhode Island)
Bookmark: http://www.mapinc.org/opinion.htm (Opinion)

R.I.'s MARIJUANA LAW

A more humane society would not turn its back on suffering -- and, in 
some cases, terminally ill -- people who find that marijuana eases 
their agony. So it is good news, on balance, that the Rhode Island 
Assembly overturned Governor Carcieri's veto of a medical-marijuana 
bill, to become the 11th state to allow such use. That should give 
welcome comfort to some Rhode Islanders suffering from, for instance, 
the rigors of chemotherapy.

But the law has big problems.

For one thing, the U.S. Supreme Court ruled 6 to 3 last year, in a 
case involving medical marijuana, that federal drug law supersedes state law.

The Ocean State bill would let patients, with the recommendation of a 
doctor or care-giver, possess up to 12 plants, or 2.5 ounces, of 
marijuana without being subject to local or state prosection. But the 
Feds could still prosecute.

That may have little effect, since most drug enforcement is on the 
local level, and federal agents tend to focus on dealers. But 
somebody transporting marijuana to a patient -- or, especially, to 
large numbers of patients -- could well be prosecuted criminally by 
the Feds. Some doctors and caregivers may be very hesitant to 
recommend marijuana for fear of being involved in a crime.

That raises another big issue: Where would patients get marijuana? 
There are no legal sources, and no standards for dosage or quality of 
marijuana, unlike prescription drugs. Users, then, would presumably 
have to deal with neighborhood criminals to get their marijuana or 
seeds -- by definition, increasing crime -- and they could not be 
sure that very harmful or toxic elements were not mixed in. And would 
a lot of people start growing their own?

It thus made good sense for the legislation to include a sunset 
provision; it will expire on July 1, 2007, unless lawmakers vote to 
keep it going. During the interim, the effect of the program -- on 
law and order, as well as patients -- will be studied.

That said, there are very sick people who would gladly accept the 
risks of using marijuana, and they should have that freedom.

Perhaps the best effect of the new Rhode Island law would be to 
encourage a further national discussion of medical marijuana. At some 
point, the Supreme Court might have to revisit the matter. Society 
should help sick people obtain safe and effective relief from their 
misery. If marijuana aids the sick, it should be available to them. 
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MAP posted-by: Richard Lake