Pubdate: Thu, 26 Mar 2009
Source: Telegraph, The (Nashua, NH)
Copyright: 2009 Telegraph Publishing Company
Contact:  http://www.nashuatelegraph.com
Details: http://www.mapinc.org/media/885
Author: Kevin Landrigan

HOUSE OKS MEDICAL MARIJUANA

CONCORD ­ A bill to legalize the medical use of marijuana for those 
dealing with chronic pain easily cleared the House of Representatives 
on Wednesday.

The House approved the bill (HB 648) and sent it to the state Senate 
for review, 234-137.

The bill permits possession by caregivers or eligible patients of six 
plants and up to two ounces of useable marijuana for those with a 
"debilitating medical condition" under the supervision of a physician.

The pain has to be persistent for at least three months to qualify.

State Rep. Cindy Rosenwald, D-Nashua, said seriously or terminally 
ill patients know smoking pot is still against federal law but they 
are willing to take that legal risk to get some physical comfort.

"There are people in New Hampshire who suffer and do use medical 
marijuana to find some small measure of relief from their pain, their 
nausea and muscle wasting conditions," Rosenwald said.

"They have asked us for compassion to treat them as patients, not as 
criminals."

Since 2000, the House has killed four such bills.

Two years ago, the House rejected a more broadly written bill by a 
nine-vote margin.

This accurately led supporters to believe they could get this version 
at least through the House.

Opponents stressed the message New Hampshire would send if it 
legalized any use of marijuana and noted that many medical 
organizations either oppose or have taken no position on this change.

Rep. John Cebrowski, R-Bedford, called it "medical excuse" marijuana 
and said passage would lead to future efforts to wholesale legalization.

"Each pot smoker is his or her own doctor. Think about that," 
Cebrowksi said. "Medical use is a Trojan horse to ultimately legalize 
marijuana. It's a front, a first step to widespread legalization."

A spokesman for Gov. John Lynch said the governor has concerns about 
the bill but has not reviewed it.

Rep. Peter Batula, R-Merrimack, said the bill is unworkable because 
citizens would have to grow their own marijuana or get it from 
another eligible patient.

"If you can't buy it, can't sell it and the physician can't prescribe 
it, where do you get it?" Batula asked.

Maine, Vermont and Rhode Island are among the 13 states with medical 
marijuana laws.

Legislation like New Hampshire's bill is pending before lawmakers in 
eight other states. The Legislature in two other states killed 
similar bills earlier this year.

Rep. Evalyn Merrick, D-Lancaster, authored the bill and smoked 
marijuana herself to treat nausea during cancer treatments several years ago.

"I ask you to please look beyond your notion of what marijuana stands 
for and see what it offers our most vulnerable and suffering 
citizens," Merrick said. "After all, in the end, only kindness matters."

Rep. Jim Craig, D-Manchester, said he changed his mind after helping 
a local friend kick his addiction to drugs and alcohol and then in 
his final weeks of life had to return to using marijuana while 
dealing with cancer.

"I was afraid to offend the cops. I was afraid to be called a weirdo, 
afraid to be considered out there, afraid to be considered something 
different," Craig said. "I'm not going to do that this time."

Craig said the man, Jaime, smoked marijuana to get enough relief from 
pain to eat.

"He said it's the only way I can eat," Craig recalled.

"He was crying because he felt he was cheating all the people who 
looked up to him because he had stopped using drugs and alcohol."

U.S. Attorney General Eric Holder said last week that federal 
government would not raid marijuana distributors unless they are 
violating federal and state laws.

During the 2008 campaign, Democratic presidential candidate Barack 
Obama made the same statement.

[SIDEBAR]

The Pot Debate((

How well is the legal crackdown on marijuana working: Is it a good 
way to reduce drug abuse, or a waste of money? These stories look at 
the issue, examining the opinions of those who make the law, those 
who enforce it, and those who run afoul of it.

Visit The Telegraph's Pot Debate page for an archive of all articles 
in this series.

[SIDEBAR] BILL AT A GLANCE Bill No. HB 648

SPONSOR: State Rep. Evelyn Merrick, D-Lancaster.

DESCRIPTION: The bill permits possession of six plants and up to two 
ounces of useable marijuana for those with a "debilitating medical 
condition'' under the supervision of a physician.

STATUS: The House of Representatives voted, 234-138, to approve the 
bill. The House Health, Human Services and Elderly Affairs Committee 
had recommended, 13-7, to legalize possession of no more than six 
plants and two ounces. Under the amended bill, a person would 
cultivate his or her own marijuana or get it as a gift and not a 
for-profit sale from another qualified patient.

REQUIREMENTS The following describes a "debilitating medical 
condition'' that is required for someone to receive marijuana for 
medicinal purposes under legislation (HB 648) a House committee 
endorsed Wednesday.

1) A chronic or terminal disease or medical condition whose symptoms 
or result of treatment may include cachexia or wasting syndrome, 
severe pain that has not responded to previously prescribed 
medication or surgical measures for more than three months, severe 
nausea, severe vomiting, seizures or severe, persistent muscle spasms.

2) A chronic or terminal disease which may include cancer, glaucoma, 
positive status for human immunodeficiency virus, acquired immune 
deficiency syndrome, hepatitis C, amyotrophic lateral sclerosis, 
muscular dystrophy, Crohn's disease, agitation of Alzheimer's disease 
or multiple sclerosis.
- ---
MAP posted-by: Keith Brilhart