Pubdate: Wed, 01 Feb 2006
Source: Farmington Daily Times (NM)
Copyright: 2006 NorthWest New Mexico Publishing Co.
Contact:  http://www.daily-times.com/
Details: http://www.mapinc.org/media/951
Author: Walter Rubel, Santa Fe Bureau Chief

SENATE APPROVES MEDICAL MARIJUANA

SANTA FE -- Senate President pro tem Ben Altamirano, D-Silver City, 
said Tuesday that if he or a member of his family were critically ill 
and needed marijuana to ease their suffering, he would find whatever 
he could on the illegal market.

"If I was suffering and needed some help tomorrow, I would go out and 
make every effort to get marijuana to help me and members of my 
family," he said.

Under a bill passed Tuesday by the Senate, he wouldn't have to. On a 
34-6 vote, the Senate approved a bill that would allow for the use of 
marijuana by those suffering from critical illnesses, if approved by 
a qualified practitioner.

The bill would create a new advisory board under the Department of 
Health that would issue recommendations for registry cards for 
qualified patients, determine an adequate amount of the drug and 
develop a system for producing and distributing it.

The bill now moves over to the House, which must also give its 
approval before it would be sent to Gov. Bill Richardson for his 
signature. Those who opposed the bill said it would send the wrong 
message to youngsters and would fly in the face of a Supreme Court 
decision against a similar law in California.

Janet Redford, 75, of Farmington said she was concerned that if the 
law passed, it would open the door for abuse of the substance. "I 
truly don't know how some of these families deal with it," she said. 
But those arguments were outweighed by those who said the drug would 
save lives and help those in their final days have a better quality 
of life. Local resident Brenda Purcell, 48, of Farmington, said, "I 
do (support it) for cancer patients. If they say it's going to help 
them, I'm for it." Sen. Diane Snyder, R-Albuquerque, drew from her 
own experiences with the death of her father last year from 
Parkinson's disease. She said he was so drugged up at the end that 
she and her family felt they had been robbed of a chance to truly be 
with him in his final days. She said those who used marijuana to ease 
their pain did not lose their ability to communicate with family members.

"If you've ever seen pain like that, and I hadn't until then, you 
will do anything you can to stop that pain," she said.

Sen. Tim Jennings, R-Roswell, talked about his experience in helping 
his wife deal with breast cancer. He said that for those cancer 
patients who are required to ingest chemotherapy drugs orally, the 
ability to digest and keep those drugs down can be a matter of life 
and death. Sen. Carroll Leavell, R-Jal, was one of six senators to 
vote against the bill. "My problem goes to the message we are sending 
to the young people of our state," he said.

He noted that the Supreme Court, in a 6-3 vote last June, ruled 
against the California law in Raich v. Gonzales.

Farmington Police Sgt. Dan Calkins said the department will stand by 
the decisions made by the legislature.

"We elect officials to create laws," he said. "We can only enforce 
the laws as a police department." Sen. Cisco McSorley, D-Albuquerque, 
who sponsored the bill passed Tuesday, said that case was brought by 
Angel Raich, a patient who had been growing marijuana under the California law.

"The federal government has never prosecuted anybody for using 
medical marijuana," McSorley said.

Sen. Steve Komadina, R-Corrales, who along with being a senator is 
also a medical doctor, said the controls the state would have under 
this bill are greater than those for other prescription medication 
such as codeine. He said a patient would only be allowed to used 
medical marijuana if referred by a practitioner who is licensed to 
prescribe narcotics, and then only with the approval of the new 
board. Unlike the California law, patients would not be allowed to 
grow their own marijuana. The state would be responsible for its 
production and distribution. The bill would not allow those under the 
influence of the drug to drive a vehicle and would prohibit its use 
at schools, the workplace and other public areas.

"Anyone who wants to abuse marijuana will hate this bill, because it 
in no way allows the abuse of anything," Komadina said. He noted that 
the Food and Drug Administration (FDA) has approved marinol, a drug 
that contains elements of cannabis, for use in treatment of those 
suffering from critical diseases, but still claims that marijuana has 
no medicinal use.

"You can't have it both ways," Komadina said. McSorley noted that New 
Mexico allowed medical marijuana in the 1980s, but the program was 
phased out due to lack of funding. The bill at that time was named 
for Lynn Pierson, a Vietnam veteran who died of cancer. This bill 
also carries Pierson's name, as well as Erin Armstrong, a young cancer victim.

She said she is hopeful the House will follow the Senate's lead. 
"We're hoping that the House shows the same caring and consideration 
and compassion that the Senate just did because we need it to stay 
alive," added Essie DeBonet, 61. "Erin is on her way up. She's just 
starting out. I am on my way out." The bill is SB258, and can be 
found on the Internet at legis.state.nm.us

Walter Rubel can be reached at Daily Times Reporters Ryan Hall and Rhys Saunders contributed to this report.
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