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Second time around, house OKs medical marijuana

David Miles The New Mexican

Santa Fe, NM Mar 14, 2007 -- State would join 11 others allowing patients to use drug

Albuquerque AIDS patient Essie DeBonet hugged another medical-marijuana supporter after the House narrowly approved a bill Tuesday to legalize the use of the drug for medical purposes.

DeBonet said passage would mean she would no longer have to obtain marijuana illegally. She credited marijuana with helping her cope with excruciating nau­sea and with gaining back 11 pounds she had shed. “It’s why I’m alive today,” DeBonet said.

DeBonet, who said her weight is back up to 91 pounds, said she has lobbied lawmakers for three years to approve the measure.

The House, which last week rejected a similar medi­cal- marijuana bill, approved Senate Bill 523 on a 36-31 vote after nearly two hours of debate Tuesday. The bill returns to the Senate for consideration of a minor House change.

Gov. Bill Richardson, who has said he has been busy lobbying House members to vote for the bill, heralded House passage of the measure.

“This bill will provide much-needed relief for New Mexicans suffering from debilitating diseases while including the proper safeguards to prevent abuse,” Richardson said in a written statement. “I am pleased that the Legislature did the right thing, reconsid­ered this important bill and supported a humane option for New Mexicans who endure some of the most painful dis­eases imaginable.”

Alaska, Arizona, Califor­nia, Colorado, Hawaii, Maine, Nevada, Oregon, Rhode Island, Vermont and Washington have legalized marijuana for medi­cal uses, according to a fiscal­impact report on the bill.

New Mexico’s bill would allow patients to use marijuana to alleviate the symptoms of several debilitating medical conditions, including cancer, glaucoma, multiple sclerosis, certain spinal-cord injuries, epi­lepsy, HIV, AIDS, hospice care and other uses approved by the state Department of Health.

Under the bill, the depart­ment would be required to create a system for distributing medical marijuana to patients by Oct. 1. The agency would issue identification cards to eligible patients and caregivers.

The department also would license producers to grow the marijuana.
On a 35-25 vote, the House altered the bill to state that medical marijuana could not be distributed within 300 feet of any church, school or day-care center.

Some opponents of the mea­sure questioned the medicinal value of marijuana, saying the drug weakens patients’ immune systems. “To move in this direc­tion just makes no sense at all,” said Rep. John Heaton, a Carls­bad Democrat and a pharmacist.

Rep. James “R.J.” Strickler, R­Farmington, said the bill would send the wrong message to chil­dren about drug use. “You can’t make a bill ironclad enough when it comes to our children,” Strickler said.

Another opponent of the bill, Rep. Manuel Herrera, D­Bayard, became emotional as he described his struggle against cancer. “I’ve survived this cancer five times, and I intend to fight it with whatever’s available except marijuana,” he said.

But Rep. Antonio “Moe” Mae­stas, an Albuquerque Democrat who carried the bill during House debate, said marijuana has been proven to be effective in stimulating appetite, alleviat­ing pain and lessening nausea.

“If their doctors think that they should try this, we should give them the legal access to do so,” he said.

Reena Szczepanski, director of the Drug Policy Alliance Net­work, showed emotion after the House approved the bill. “I’m shaking,” she said. “I’ve had such belief in the humanity of people and the humanity of this Legislature.”