Pubdate: Tue, 27 Feb 2001
Source: Houston Chronicle (TX)
Copyright: 2001 Houston Chronicle
Contact:  Viewpoints Editor, P.O. Box 4260 Houston, Texas 77210-4260
Fax: (713) 220-3575
Website: http://www.chron.com/
Forum: http://www.chron.com/content/hcitalk/index.html
Author: Kathryn A. Wolfe

MEDICAL MARIJUANA DRAWS FIRE

Housebill would OK patient's use with approval by doctor.

A bill that would strengthen defense against prosecution for those 
using marijuana with a doctor's approval met with resistance Tuesday 
from some legislators who fear it could lead to completely legalizing 
the drug.

Authored by Reps. Terry Keel, R-Austin, and Juan Hinojosa, D-McAllen, 
chairman of the House Criminal Jurisprudence Committee, HB 513 would 
allow those arrested for possessing marijuana to avoid prosecution by 
proving that they use the drug under a doctor's orders for a "bona 
fide medical condition."

A few lawmakers on the jurisprudence committee expressed concern over 
the bill's implied method of self-medication -- smoking -- as well as 
whether the bill would function as a stepping stone to eventually 
legalizing marijuana in full.

"All I think it'll do is just proliferate the use of the drug just 
like it would any other drug," said Rep. Robert Talton, R-Pasadena. 
"Anyone can raise that defense, it's an affirmative defense, if they 
can get a doctor."

An affirmative defense shifts the burden of proof from the 
prosecution to the defense.

Keel said the bill would neither legalize marijuana nor remove the 
criminal penalties for possessing it.

"It will establish an affirmative defense, put the burden of truth on 
the defendant ... that the marijuana was possessed with the direct 
recommendation of a medical doctor for the treatment of a legitimate 
illness," Keel said. "This is a very modest step."

Keel, who has a background in law enforcement and is a former 
prosecutor, said he doesn't know any prosecutors who would pursue a 
case against someone who used the drug to alleviate a serious medical 
condition. He said the bill would allow doctors to recommend the 
treatment to patients without fear of reprisal.

"They're not going to waste the taxpayer money to prosecute this," Keel said.

Some legislators questioned why a synthetic form of marijuana that is 
available in a pill can't be used instead of essentially providing a 
defense for those who grow and smoke marijuana under the umbrella of 
a medical doctor's approval.

Dr. Alan Robison, a professor of pharmacology with the University of 
Texas M.D. Anderson Cancer Center, said his own studies have shown 
that marijuana is not addictive and has no lethal dose. The drug has 
been unfairly vilified and classified, he said. He called for the 
measure to be passed.

One doctor testified that a pill can be ineffective, particularly for 
patients who have nausea as a result of a terminal illness or its 
treatment. Also, the synthetic dose can be expensive.

"For many patients, marijuana is the most effective medicine 
available," said Dr. Dick Evans. "Sick Texans deserve better 
treatment than this."
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