Pubdate: Tue, 2 Mar 2004
Source: Meriden Record-Journal, The (CT)
Copyright: 2004, The Record-Journal Publishing Co.
Contact:  http://www.record-journal.com/
Details: http://www.mapinc.org/media/555
Author: Paul Hughes, Record-Journal Staff
Related: http://www.mapinc.org/drugnews/v04/n143/a03.html

PHYSICIANS TESTIFY IN SUPPORT OF MARIJUANA LEGISLATION

Hartford - State lawmakers opposed to the medicinal use of marijuana
heard something from the other side for the first time Monday -
supportive testimony from practicing physicians.

Anesthesiologist David Simon testified before the Judiciary Committee
in support of legislation that would make it easier for the seriously
ill to use marijuana for medical reasons.

It was the first time that supporters of the medical use of marijuana
presented testimony from a practicing Connecticut physician in the
four years they have been working to change state law.

A bill to allow a medical use exception to the state's marijuana
prohibition fell 15 votes shy of passing the House last session.

It remains to be seen if the testimony presented Monday will dispel
suspicions this year that advocates of legalizing marijuana are
pushing for a medical use exception as a first step.

Opponents of medical marijuana use argued in the House last year that
the other side presented no expert medical testimony. It was that
argument that partly convinced Simon to appear before the Judiciary
Committee this year.

Simon told a news conference Monday morning that he was deeply
troubled by the comments that opponents made in last year's House
debate. The Mansfield physician made the same statement to the
Judiciary Committee in the afternoon.

Simon made a point Monday of telling the committee members that some
doctors do support the medicinal use of marijuana despite the
opposition's statements to the contrary last year.

Simon and two other practicing physicians testified Monday about the
medical benefits of marijuana for some patients. In addition,
supporters provided a list of more than 300 Connecticut doctors who
shared that view, including 11 from Meriden, Wallingford, Southington
and Cheshire.

The legislation before the Judiciary Committee Monday would basically
allow the seriously ill to present a defense of medical necessity in
the event of arrest and prosecution on state marijuana charges.

The bill would allow certain seriously ill patients to grow and use
marijuana. The bill restricts the number of plants to five, and it
requires a marijuana-using patient obtain a doctor's
certificate.

The legislation would not automatically guarantee a patient holding a
doctor's certificate to escape arrest, prosecution or conviction. It
would leave the decision to arrest, prosecute or convict to the
discretion of police, state's attorneys, judges and juries, as the
case may be.

"This bill is not about legalization. It is about removing the threat
of state prosecution," Rep. Penny Bacchiochi, R-Somers, told the
Judiciary Committee.

Bacchiochi, one of the bill's two chief sponsors, recalled how smoking
marijuana helped her late husband during his struggle with terminal
bone cancer 22 years ago, and the debilitating nausea caused by
chemotherapy.

"I have personally witnessed the devastating effect of terminal
disease, and the wasting away of life. I can testify to you under oath
before this committee or in any court that medical marijuana does
work. It works for people who have tried every other drug without
success," Bacchiochi said.

She recalled how her family obtained marijuana for her late husband at
great legal risk. She argued that Connecticut should remove the
criminal penalties for the seriously ill for growing, possessing or
using marijuana.

Bacchiochi said the legislation sets specific conditions and
restrictions for patients, caregivers and doctors regarding marijuana
use.

Rep. James W. Abrams, D-Meriden, has been trying to pass legislation
to make it easier for the seriously ill to use marijuana for the last
four years. He and Bacchiochi teamed up last session.

Abrams, a member of the Judiciary Committee, said there might be
enough votes to pass a bill in the House this session. He said
advocates are targeting 25 House members, though they only need a
swing of eight votes.

Abrams was not prepared to gauge support in the Senate.

However, Abrams and supporters of last year's bill had to do some
finagling to get the legislation out of the Judiciary Committee, as
well as the Public Health Committee. It is unclear if this year's
legislation will get out of either committee.

"I think in a short session a bill this controversial and this
complicated is going to have a tough road ahead of it," said Sen.
Christopher S. Murphy, D-Southington, Senate chairman of the Public
Health Committee, and Senate vice chairman of the Public Health Committee.

Murphy supported last year's bill, and he said he still favors the
medical use of marijuana under limited circumstances.
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MAP posted-by: Richard Lake