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| Cheers, Concerns Greet Medical Marijuana Bill |
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Posted by CN Staff on January 05, 2006 at 07:37:05 PT By Chris Barrett Source: Warwick Beacon 
Rhode Island -- Local officials and patients responded with cheers and concerns a day after the Rhode Island House of Representatives voted to override the governor’s veto and legalize marijuana for medicinal purposes. The law passed Tuesday allows a patient with a “debilitating medical condition” such as cancer, glaucoma, AIDS, HIV or Hepatitis C to grow or otherwise obtain at one time up to 12 marijuana plants or 2.5 ounces of usable marijuana under a doctor’s supervision. In addition, the law allows the patient to select one or two caregivers, who must be at least 21, that can legally grow and handle the patient’s marijuana. Patients and their caregivers must register with the state Department of Health and carry registration cards. Warwick resident Rhonda O’Donnell, a former nurse who doctors diagnosed with multiple sclerosis in 1994, said she was “thrilled and elated” the override passed. “I had been getting assurances it would pass but I didn’t believe it until I saw it,” said O’Donnell from the back of the House on Tuesday. O’Donnell had fought alongside her supporters for several years to allow the state to legalize medical marijuana and said she is anxious to see if it helps her pain and stiffness in her legs. “I’ve already talked to my doctors they’re behind me,” O’Donnell said. She added that her friends with chronic illnesses are also pleased with the law. “Everybody is happy,” she said. “In fact, I’ve gotten a couple personal things because some people have been doing [marijuana] and now they’re so relieved they don’t have to worry about getting arrested busted or whatever.” Her son Tom O’Donnell said the law would bring relief to his family. “It’s going to mean that my mom can follow her doctor’s recommendation without fear of being arrested, fined or having her home seized, so this will put my family at ease,” he said. Rhode Island Chapter Program Director Gwen Reeve of the National Multiple Sclerosis Society said the society has no official stand on the law’s passage. “We really base our stance on evidence-based research and the studies that have come out don’t really show objective [medical] improvement,” Reeve said. When asked if the law couldn’t hurt, Reeve said, “It’s still against the federal law isn’t it? I think that’s a real consideration.” While marijuana remains illegal at the federal level, the legislation notes that 99 percent of marijuana arrests are made at the state level and the state is under no obligation to enforce federal law. Reeve said the society recommends patients interested in using marijuana talk with their doctors and hopes researchers will run extensive studies now that marijuana has been legalized in 11 states. “I think they need to do more studies and the more studies they do will give them a little more strength, yes it’s a good thing, or no it’s not really benefitting this,” she said. Also waiting to see the effects of the law is the Warwick Police Department said Chief Col. Stephen McCartney yesterday. “I’m disappointed at its passage,” McCartney said. “I don’t think that it addressed all the concerns and while I understand there are certain compassion concerns, and there for people who are sick, I think there are still a lot of issues and situations that are not addressed in that statute.” McCartney said he remains most concerned about where patients will get their marijuana – an issue the law does not address. “I think the problem is really going to be while you’re not exactly going after the person, you’re just wondering where does the marijuana come from?” McCartney said he expects the law to be abused and is planning on holding discussions about how to handle the law within the department. “I think you’re going to have to take a look at the circumstances,” he said. “I think you’re going to have to take a look at the situation and I think we’re obviously going to have to use some common sense.” Also opposed to the law were six Democrats and seven Republicans who joined and the State Police, the Rhode Island Department of Heath and Chief Judge of Rhode Island Family Court Jeremiah S. Jeremiah in opposing the override. Every Warwick representative voted in favor of the override except Joseph Trillo (R-Dist. 24). Trillo said he voted to sustain the override because he agreed with the governor and police that the law would be abused. “I just think that the people got caught up in helping people but I think they’re overlooking all the potential for abuse, which is enormous,” Trillo said. Trillo said he remained concerned that caregivers would abuse the system and called the amendments, including a sunset clause, an ineffective way to placate such concerns. “It’s still a bad law, so you’re sun-setting in 2007, so what? This says we can allow 100 drug pushers to operate legally for a year,” Trillo said. The rest of the Warwick House delegation sided with bill sponsor Thomas Slater (D-Dist. 10, Providence) who said patients should not be criminalized for following their doctors’ orders. “I would certainly hope that everyone has compassion for these people with illnesses,” said Rep. Eileen Naughton (D-Dist. 21). “We’ll find ways in the system it won’t be abused.” To prevent abuse, the law requires marijuana to be grown in a secured area and forbids anyone with a criminal record from participating in the program. Rep. Joseph McNamara (D-Dist. 19) said such safety measures and a constituent convinced him to vote to override the veto. Standing next to O’Donnell, McNamara said a 32-year-old constituent with Tourette’s Syndrome told him that with the use of marijuana he could reduce the level of life-shorting medication that he would otherwise have to take. Speaker William Murphy (D-Dist. 26), whose district includes part of Warwick, also favored the override as well as Warwick Representatives Robert Flaherty (D-Dist. 23), Al Gemma (D-Dist. 20), Peter Ginaitt (D-Dist. 22) and Norman Landroche (D-Dist. 27). While the law goes into effect immediately, the state Department of Health has 90 days to draw up regulations. Politics of Pain Legislators OK Medical Use of Marijuana Rhode Island Becomes 11th State To Legalize Home Comment Email Register Recent Comments Help |
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| Comment #4 posted by FoM on January 05, 2006 at 15:30:29 PT |
| Marijuana Now Legal for Chronically Ill *** By Chris Barrett January 5, 2005 Overriding the governor’s veto, the Rhode Island House of Representatives voted 59-13 yesterday to legalize marijuana for medicinal purposes. Gov. Donald Carcieri vetoed the original bill, sponsored by Rep. Thomas Slater (D-Providence), last year, but the Senate overrode the veto before it broke for its summer recess. The House saved the override vote for yesterday. The law, with a sunset clause in June 2007, allows a patient with a doctor’s prescription to grow or otherwise obtain at one time up to 12 marijuana plants or 2.5 ounces of usable marijuana. In addition, the patient can select two caregivers who can also legally grow and handle the same amount of marijuana. Patients and their caregivers must gain approval from the state Department of Health and register with the department – a measure supporters say will prevent abuse of the system. Rhode Island follows 10 other states that have similar programs. “Ten states have realized it makes no sense to criminalize someone for following their doctor’s recommendations and relieving their symptoms,” Slater told the House. “This will allow patients with specified conditions to use marijuana within their doctor’s recommendation.” Marijuana remains illegal at the federal level, but 99 percent of marijuana arrests are made at the state level. “The bill carves out a workable exception to our existing laws so critically ill patients will no longer risk arrest,” Slater said. Most Republicans joined the State Police, the Rhode Island Department of Health and Chief Judge of Rhode Island Family Court Jeremiah S. Jeremiah in opposing the bill. In a statement issued shortly after the vote, Carcieri said he continues to oppose the bill. He said the bill contains several flaws, including few restrictions for caregivers and a vague definition of medical conditions. He also said the bill is in direct violation of federal law and a U.S. Supreme Court ruling that said state laws permitting the use of medical marijuana do not trump federal laws criminalizing marijuana. Minority Leader Rep. Robert Watson (R-East Greenwich) said on the floor that he believed in the legislation but could not vote to override the bill because of his respect for the governor’s veto. “I happen to believe if there were enough votes here today [to sustain the veto] we would [still] address in short order a way to provide medicinal marijuana,” he said. Majority Leader Gordon Fox (D-Providence) disagreed. “When would it be a more appropriate time to override the governor’s veto?” he told his colleagues, saying marijuana would help critically ill patients. Watching from the rear of the house with her son, Tom, Warwick resident Rhonda O’Donnell said she was “thrilled and elated” the override passed. “I do want to try it to see if it helps my pain and stiffness in the legs,” said O’Donnell, who was diagnosed with multiple sclerosis in 1994. “If it doesn’t help I’m not sorry, it helps other people.” Tom O’Donnell said the law would bring relief to the O’Donnell family. “It’s going to mean that my mom can follow her doctor’s recommendation without fear of being arrested, fined or having her home seized, so this will put my family at ease,” he said. Cranston politicians were split on the decision to override the veto. Rep. Joseph McNamara (D-Dist. 19) said the bill was more acceptable than the original because of the sunset provision and marijuana has to be grown in a secured area. The bill also forbids anyone with a criminal record could participate in the program. He said what really convinced him was a 32-year-old constituent with Tourette’s syndrome, who told him that with use of marijuana he could reduce the level of life-shorting medication that he would otherwise have to take. But Rep. Carol Mumford (R-Dist. 41), who originally voted in favor of the bill, voted to sustain the veto. “I was swayed by the governor’s veto message,” she said. “Sometimes we use emotion a little too much.” Mumford also expressed concern that the federal government will step in as it has in California, which also legalized marijuana for medical uses “I don’t want to give physicians a false hope that they are protected,” she said. “In the case of Rhode Island we don’t prosecute it for those who use it [for medical reasons] we look the other way.” Rep. Arthur Handy (D-Dist. 18) said he was compelled to vote for the override out of passion and said he was not worried about people abusing the system. “I think that the people who are going to abuse it using this system are already smoking it,” he said. “People abusing it though this system are in a lot more legal trouble.” (John Howell contributed to this report) http://www.cranstononline.com/news/searchnews.asp?ID=1514 [ Post Comment ] |
| Comment #3 posted by runderwo on January 05, 2006 at 11:38:34 PT |
| You know, it's funny how these people bleat on and on about all the loopholes and the potential for abuse, but they never enumerate any specific abuse scenario. You would think that if they had a damning argument, they would be more than happy to present it, but instead they generalize and handwave about some vague problems with the legislation, as if it should be obvious to everyone. The lack of specific examples suggests to me instead that there is no substance to their claim. [ Post Comment ] |
| Comment #2 posted by mayan on January 05, 2006 at 08:29:40 PT |
| Don't tread on us. [ Post Comment ] |
| Comment #1 posted by OverwhelmSam on January 05, 2006 at 07:51:07 PT |
| "...the state is under no obligation to enforce federal law." [ Post Comment ] |
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