Pubdate: Fri, 20 May 2005 Source: Providence Journal, The (RI) Copyright: 2005 The Providence Journal Company Contact: http://www.projo.com/ Details: http://www.mapinc.org/media/352 Author: Scott Mayerowitz and Amanda Milkovits, Journal Staff Writers Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal) SENATE PANEL OKS MARIJUANA USE FOR MEDICAL PURPOSES The Legislation Goes to the Full Senate; the House Has Yet to Schedule a Vote. PROVIDENCE -- Rhode Islanders with cancer, AIDS and other serious illnesses would be allowed to use marijuana to alleviate their pain under a bill that cleared a key Senate committee last night. Besides approving the medical marijuana legislation, the Senate Judiciary Committee also sent to the Senate floor bills that would expand neighborhood notification of sex offenders to include "moderate" offenders and requiring the police to record interrogations in capital crimes. Yesterday's vote on medical marijuana was the first time such legislation has cleared an Assembly committee. The House held a hearing on its own, slightly different, bill Wednesday but has yet to schedule a vote. Ten states already have similar laws that protect patients, their caregivers and doctors from arrest under state law if a doctor certifies, to the state Department of Health, that a patient has a debilitating condition -- such as cancer, glaucoma, or AIDS -- that could be helped through marijuana. "It is time that this bill is passed so that we can alleviate the pain, the nausea and the disorientation that occurs when many of these very ill people are on a variety of other painkillers," said Sen. Rhoda E. Perry, D-Providence, the Senate sponsor. The state would issue the patient and his or her caregiver registration cards that would authorize the possession of up to 12 plants or 2.5 ounces of "usable marijuana" at any time. Perry's bill and one by Rep. Thomas C. Slater, D-Providence, do not address where the marijuana would come from. Perry said seeds would be obtained from illegal sources. That was a concern for Sen. Michael J. Damiani, D-East Providence, a former police officer who is apprehensive about "enhancing the operation of the neighborhood drug dealer." Damiani said a "clean source" needs to be found where there can be some quality control. That said, Damiani voted to send the bill on, hoping to amend it before a final vote. Perry changed the bill yesterday, creating a new group of nonprofit organizations registered with the state to acquire, possess, cultivate and deliver marijuana. But again she didn't say where they would get the drug. The organizations would have to register information about each employee and could not be within 500 feet of a school or building used for religious services. The amended bill also increases the minimum age for caregivers from 18 to 21 and expands the time the Department of Health has to review patient applications from 15 days to 30 days. Sen. Joseph M. Polisena, D-Johnston, a registered nurse, said he was afraid that "potheads" would abuse the law, but said its time had come. Sen. Leo R. Blais, R-Coventry, a pharmacist, said if a doctor approves the use of marijuana, there needs to be protection from lawsuits for the patient's other doctors, nurses and pharmacists. He and Sen. Leonidas P. Raptakis, D-Coventry, were the only nay votes. The committee also voted to expand public notification of moderate sex offenders. A similar version of the bill was approved by the House last week. Currently, only the most dangerous sex offenders are posted on Web sites for the Rhode Island Parole Board and the state police. All convicted sex offenders are required to register with their local police within 24 hours of moving to a new residence. However, the general public is informed only about those considered most likely to repeat their offense. Public information is limited about low- and moderate-level sex offenders. The Rhode Island Sex Offender Board of Review classifies each sex offender as Level 1, for least likely to repeat; to Level 2 for moderate risk, and Level 3, for most dangerous. This measure by Committee Chairman Michael J. McCaffrey, D-Warwick, would expand the notification for Level 2 offenders. Their identities could also be posted on the Internet and the police could release their information to anyone who asks. Sen. Charles J. Levesque, D-Portsmouth, had reservations, saying the Assembly left it up to the Board of Review board to classify each sex offender and consider how much public notification would be necessary. But this bill would take the matter out of the board's hands, he said. He was the lone dissenting voice. Polisena, however, said: "It'll make my community safer, and I'm sure your community safer." "Everything is on the Web," he added. "Why not know if your neighbor is a predator?" The committee also approved legislation that would require taped interrogations for anyone accused of a capital crime. A similar bill was approved by the House Judiciary Committee and is headed to the House floor. The bill, sponsored by Sen. Rhoda E. Perry, D-Providence, had drawn opposition from police chiefs. However, the bill was amended after discussions among state police Supt. Steven M. Pare and John Hardiman, the state's public defender, McCaffrey said. The amendment removed a statement that required turning over the recordings to the defendant's attorney within 10 days of the first court appearance. Based on comments from some of the committee members, the new version included "good faith exceptions." If the recording equipment breaks, the tape runs out, the officer forgets to turn the equipment on, the suspect refuses to be taped, or if taping will jeopardize someone's safety, the unrecorded interrogation evidence can still be admitted to trial. That exception also includes a suspect's "spontaneous utterances." Damiani gave the committee an example. "I pulled up to a house, and a guy comes out," the former police officer said. "I said, 'What happened?' He said, 'I just killed my mother'." Damiani said the man's name, and Michael DiLauro, a lobbyist for the office of the public defender, nodded. "That was my client," DiLauro said. - --- MAP posted-by: Richard Lake