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US: Panel shelves marijuana bill

Heather Clark

Santa Fey New Mexican

Sunday 12 Feb 2006

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A state House panel has shelved a Senate-passed bill that would have
allowed patients suffering from illnesses like cancer or AIDS to use
marijuana prescribed by a doctor to alleviate their pain.

With the end of the legislative session set for Thursday, the move
likely kills the bill for this session.

The Agriculture and Water Resources Committee tabled the measure on a
4-3 vote Saturday.

"Why are you trying to kill us?" Essie DeBonet, 61, of Albuquerque
shouted at committee members as the vote sank in after an emotional
hearing on the proposal.

DeBonet said she has suffered from AIDS for 18 years and needs marijuana
to control the pain without giving her nausea that prevents her from eating.

Reena Szczepanski of the Drug Policy Alliance Network, which lobbied for
the bill, said supporters will try to regroup and get the committee to
reconsider the measure before the session ends. "We're really
disappointed, absolutely heartbroken," she said.

The bill would have created a program in the Health Department where
doctors could have referred patients with debilitating-medical
conditions. Patients who were certified under the program would be able
to possess marijuana without risk of prosecution by state authorities,
but they could not grow it.

The committee's decision was applauded by law-enforcement officers who
said the proposal would cause legal problems because it conflicted with
federal law and would increase illegal marijuana use and growth in the
state.

Errol Chavez, director of the New Mexico High Intensity Drug Trafficking
Area in Las Cruces, told the committee that abuse and growth of
marijuana increased in California after a medical-marijuana law went
into effect.

The committee's vote "prevents a threat from coming to the state of New
Mexico, the threat of abuse of marijuana," he said after the meeting.

In a Feb. 8 letter circulated to the committee, U.S. Attorney David
Iglesias wrote that even if the state made medical-marijuana use legal,
"anyone who violates the (federal) Controlled Substances Act is subject
to federal prosecution."

Sen. Cisco McSorley, D-Albuquerque, who sponsored the bill, said no
patients have been prosecuted by federal authorities in states that have
medical-marijuana laws. Those states include: Alaska, California,
Colorado, Hawaii, Maine, Montana, Oregon, Nevada, Rhode Island, Vermont
and Washington.

He said the bill is not a move to legalize all marijuana use in New
Mexico. It is about helping an estimated 250 severely ill patients, he said.

Many patients suffer severe nausea from prescription pain medications,
radiation and chemotherapy, leading to loss of appetite and further
weakening them, he said.

"They just want to live," McSorley said. "They are seriously ill and
dying. They are trying to pass this law so that they have a chance at
life while they are recovering from their diseases."

McSorley was joined by Sen. Steve Komadina, R-Corrales, a doctor, who
said after researching medical-marijuana laws in other states and the
people who were affected by them, he became convinced that New Mexico's
bill provided legal protections so marijuana would not be abused. "This
is the tightest bill in the world," he said.

But committee members questioned the bill's vagueness. Rep. Ray Begaye,
D-Shiprock, who voted against tabling the measure, said the bill failed
to address how marijuana would be manufactured and distributed across
the state and how patients would be regulated while they are taking
medical marijuana.

Rep. Joseph Cervantes, D-Las Cruces, who also voted against tabling the
bill, said it was sent to the committee because its members are from
rural New Mexico and are considered conservative. "It's been sent here
to kill it," Cervantes said and urged committee members to send it to
the House.

Among supporters speaking to the committee was Erin Armstrong, who was
diagnosed with cancer seven years ago at age 17. She said she has spent
years of her life controlled by nausea from her treatments, unable to
attend college and making it difficult to have friends or hold down a job.

"We are not people who seek to abuse drugs," she told the committee.
"We're seeking a legitimate avenue to gain medical relief and medical
advice from our doctors. None of us should have to decide if keeping
down this next meal is worth the chance of getting arrested."

Her mother, Debbie Armstrong, secretary for the Aging and Long-term
Services Department, told the committee that as a mother, she is
concerned about illegal-drug use, but feels children can understand the
difference between a medical need and inappropriate use.

"There's no mixed message at my house with my children about this
issue," she said.

 

 

 

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