Pubdate: Sat, 12 Apr 2003
Source: Herald-Sun, The (Durham, NC)
Copyright: 2003 The Herald-Sun
Contact:  http://www.herald-sun.com
Details: http://www.mapinc.org/media/1428
Author: C.D. Kirkpatrick
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)

LUEBKE WANTS MEDICAL POT STUDY

- -- As several states experiment with medical marijuana laws, state Rep. 
Paul Luebke wants Tar Heel legislators to consider the issue.

For the second time, Luebke has introduced legislation to form a medical 
marijuana study commission. If approved, the study group of lawmakers might 
bring a recommendation to the General Assembly next year and would submit a 
final report by 2005.

"I am not endorsing medical marijuana use; I am saying the General Assembly 
should study it," Luebke said. "It seems clear to me there are people who 
believe it has a use in pain reduction."

Doctors have prescribed medical marijuana to treat glaucoma, pain from 
terminal disease and nausea from chemotherapy, among other ailments.

Nine states --- Alaska, Arizona, California, Colorado, Hawaii, Maine, 
Nevada, Oregon and Washington --- permit the medical use and cultivation of 
the drug. Maryland's General Assembly passed a bill last month, which the 
governor is expected to sign this month.

All but Hawaii and Maryland used ballot initiatives, grass-roots petition 
drives that allow for statewide votes on certain issues. North Carolina 
state law doesn't allow for ballot initiatives.

Durham resident Deborah Christie has lobbied Luebke and other state and 
federal lawmakers for years over the issue. Luebke's first bill fizzled in 
2001 because there wasn't enough time between sessions for lawmakers to 
study the topic because of the extended session, he said.

Christie used to work for the National Democratic Committee and is a member 
of the Marijuana Policy Project, which lobbies Congress to legalize the 
drug for medical uses.

"I'm certainly not a user and never have been. I learned about medical 
marijuana, and to my astonishment, I discovered the medical uses. I had no 
notion of it before that. I was very impressed by [several speakers I heard 
in Washington]," she said.

Christie heard National Review editor Richard Brookhiser, a conservative, 
speak about his cancer and reliance on marijuana to treat the side effects 
of therapy. Other drugs did not work for him, he said.

"All drugs should be legal and regulated. Our current distinction between 
legal and illegal is unsound; it does not make medical sense," she said.

The state laws have set up clashes with federal law and authorities.

In response, a group of U.S. representatives introduced a bill in Congress 
on Thursday that would add a "medical use" defense to federal law. The move 
would rectify the legal contradictions and allow federal juries to decide 
if someone really was breaking the law.

"The bill was inspired primarily by the case of Ed Rosenthal. He was 
[growing and distributing] marijuana at the request of Oakland when he was 
arrested," said Bruce Mirkin, director of communications for the Marijuana 
Policy Project.

The federal judge in the trial would not allow Rosenthal's lawyer to tell 
the jury that he was operating legally in his own state or that the city of 
Oakland requested the services of him.

"[After learning this], members of the jury held a press conference to 
repudiate their own verdict, and one flew to Washington to testify this 
week," Mirkin said.

The U.S. Supreme Court ruled in 2001 that "medical necessity" is not a 
valid defense. And federal anti-drug officials have been consistently 
opposed to the state laws.

But there is not a consistent ideological theme to either side of the 
issue. John Hood, president of the Locke Foundation, a watchdog of state 
government policy, said the issue has proven the strange bedfellows axiom 
of politics.

Among the medical marijuana advocates is former Duke University Law School 
Dean Paul Carrington. He believes marijuana should be legalized, though he 
wouldn't recommend it to anyone.
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MAP posted-by: Jay Bergstrom