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." - --- MAP posted-by: Kirk Bauer