Pubdate: Fri, 10 Aug 2012
Source: Newsday (NY)
Copyright: 2012 Newsday Inc.
Contact:  http://www.newsday.com/
Details: http://www.mapinc.org/media/308

WHY NOT POT FOR MEDICAL USE IN NY?

Thirty six years ago, a Florida man won the right to use a novel
treatment for his severe glaucoma when conventional drugs didn't
relieve the painful pressure in his eyes. A risky operation seemed his
last legal option to prevent blindness.

Robert Randall's alternative drug was marijuana. A federal court in
Washington awarded him the groundbreaking right to use the plant that
the federal government had labeled a dangerous drug back in 1937. In
the decades since Randall's victory, courts increasingly recognized
medical use as a mitigating factor in criminal prosecutions and 14
states have decriminalized possession of small amounts. Another 17
have legalized its use in treatment for illnesses such as epilepsy,
multiple sclerosis and AIDS.

On Thursday, New Jersey opened its marijuana registration rolls for
caregivers and patients; the first of the state's six dispensaries,
the Greenleaf Compassion Center in Montclair, is expected to start
distribution after Labor Day.

As what is considered an inexpensive and effective pain reliever
becomes available so nearby, many New Yorkers might want to know why
Albany has not yet had a serious debate about medical marijuana. After
all, a Siena Research Institute survey of about 800 registered New
York voters in May found that 57 percent support a medical-use law.

Those supporters have a dogged advocate. As the legislative session
came to an end in June, Assemb. Richard Gottfried (D-Manhattan) again
was successful in getting his chamber to support a narrowly drawn
medical marijuana statute. It would permit a physician to write a
certificate, akin to a prescription, for medical use for patients with
serious, debilitating or life-threatening conditions; the cannabis
could only be obtained through a hospital or pharmacy. It was the
third time in 15 years such a bill has passed the Assembly. Gottfried
argues that the proven benefits outweigh the pitfalls, but the State
Senate again ignored the issue.

Earlier in the session Gov. Andrew M. Cuomo announced support for an
even bolder proposal to decriminalize the possession of less than 25
grams of the drug. That's more than double what New Jersey allows only
for controlled medical use. The Assembly approved that bill as well,
but the Senate refused to take it up. It's a wonder of New York
politics that Cuomo, Assembly Speaker Sheldon Silver, New York City
Police Commissioner Ray Kelly, and busloads of district attorneys have
supported the decriminalization bill -- while the state still has not
allowed the seriously ill access to it as medication.

Other controlled substances are legal for medical use, including
morphine, oxycodone, Valium and steroids. A ProCon.org study analyzed
federal data from 1997 to 2005 to compare fatalities associated with
17 commonly prescribed FDA-approved medications with those of
marijuana and found no deaths attributed solely to marijuana, while
fatalities from legal prescriptions totaled more than 10,000. Viagra,
one of the most popular medications in the country, was the primary
suspect in 2,254 deaths. Wellbutrin, a treatment for depression, came
next with 1,132.

One benefit from not going out first: We can learn from the missteps
of other states. California was first to pass a medical marijuana law
in 1996, but a poorly drafted statute led to abuse. Arizona is adding
measures to stop the drug from being used recreationally or sold on
the street. New Jersey is starting with one of the strictest laws in
the country. Home cultivation is barred. Patients cannot receive more
than two ounces in a 30-day period and can only get a recommendation
after other treatments fail.

New York should address this soon. Unless the costs and risks can't be
contained, marijuana should be available for medical use. Many New
Yorkers with the money and means can easily obtain marijuana for
nonmedical reasons. Why should we make outlaws of the sick?
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MAP posted-by: Matt