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Advocates seek extension of medical marijuana law

Amanda Milkovits Providence Journal

Providence, RI Mar 22, 2007 -- They came out in force two years ago to plead with the General Assembly to legalize marijuana for medical purposes, and they won the battle temporarily.

The patients, the doctors, and the advocates returned again yesterday — this time asking the legislators to make the medical marijuana act permanent and to accept some expansions in the law.

One nurse struggled out of her wheelchair to sit at the table of the House Committee on Health, Education and Welfare to testify about how marijuana has eased the searing pain caused by multiple sclerosis. A man sat stiffly and gingerly as he told the members about how marijuana has given his body some relief from the pain from three difficult back surgeries.

“Medical marijuana has given me back my life,” testified Mike Oliver, who suffers from Crohn’s disease.

The only speakers opposing the bill were the state police and a founder of Americans for Drug-Free Youth — who were against the law because the drug is illegal.

In January 2006, Rhode Island became the 11th state to legalize marijuana for medical purposes after the General Assembly overturned Governor Carcieri’s veto. But the law is due to be repealed on June 30 if legislators don’t take action.

Providence Rep. Thomas Slater, who has battled cancer, sponsored the law that bears his name and the name of Edward O. Hawkins, the nephew of Sen. Rhoda Perry, D-Providence, who died of AIDS. Slater has returned this session with legislation that removes the repeal and expands who can supply marijuana to patients with registration cards.

The law protects patients from being arrested if they are registered to use marijuana to treat pain from specific serious and chronic illnesses, including cancer, HIV, multiple sclerosis and hepatitis C. Those whose doctors recommend treatment receive registration cards from the state Department of Health to allow them to possess up to 12 plants, or 2.5 ounces of marijuana.

The current law defines who can be a primary caregiver, registered under the Department of Health, to be allowed to supply up to five patients. While the law bans anyone with a felony drug conviction from becoming a primary caregiver, the new bill changes that to allow someone who has been convicted for “conduct permitted under this act” — only if that person is a close relative of the patient and the felony conviction was at least 10 years ago. The bill also expands the amount of marijuana the caregiver can possess, setting the limit at 24 marijuana plants and 5 ounces of usable marijuana, irrespective of the number of qualifying patients they are supplying.

The committee members listened. They showed concern. Chairman Joseph M. McNamara, D-Warwick, and others also questioned how the patients were getting the illegal drug.

Rhonda O’Donnell, the Warwick nurse suffering from multiple sclerosis, told the committee she had no problem finding it. “Usually, you talk to anybody and somebody knows somebody,” she said.

But another story showed the dark side for patients. Warwick resident Bobby Ebert, who found that marijuana alleviated his pain more effectively than painkillers, said he was beaten and robbed when he attempted to buy the drug from a street dealer in Providence.

What about the quality and the dosage of different strains? Rep. John J. Loughlin II asked of Dr. David Lewis, a professor of medicine and community health at Brown Medical School, who testified in support of the law. While several studies have found that the drug is effective in relieving pain and the side effects of treatments for diseases, Lewis said, he wasn’t sure about the difference in street-level marijuana.

Aside from growing their own marijuana or having a licensed caregiver supplying the marijuana, the law resorts patients to getting the drugs, and the seeds to grow the plants, illegally off the street.

And that’s the part of the medical marijuana law that bothers the state police, said state police Lt. LeRoy Rose. “We truly sympathize with the victims of all the horrible diseases, but with that said, they still have to purchase it illegally,” he said.

The committee took no action on the bill yesterday.