Pubdate: Wed, 8 Jun 2005 Source: Eagle-Tribune, The (MA) Copyright: 2005 The Eagle-Tribune Contact: http://www.eagletribune.com/ Details: http://www.mapinc.org/media/129 Author: Dan Touhy Bookmark: http://www.mapinc.org/topics/Raich (Gonzales v. Raich) Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal) Bookmark: http://www.mapinc.org/decrim.htm (Decrim/Legalization) REPS L'ITALIEN AND KEENAN SUPPORT MEDICINAL MARIJUANA USE BOSTON - State Rep. John Keenan watched his mother slowly succumb to lung cancer, taking morphine to try to blunt her pain. When Emma Keenan died in 1994, she was just 56. Her son was a prosecutor whose family experience led to his eventual support for marijuana for medicinal purposes. "To see the pain and suffering she went through was enough," he said yesterday as the Massachusetts Legislature's Judiciary Committee reviewed bills to allow medical marijuana. Keenan, D-Salem, is cosponsoring one of the bills. Rep. Barbara L'Italien, D-Andover, is cosponsoring another bill. "There are people who have tried the whole realm of prescription drugs and not seen relief," L'Italien said. The lawmakers said the marijuana use would have strong regulatory oversight. And neither wants to decriminalize marijuana. Both are unsure what to make of the U.S. Supreme Court's 6-3 ruling Monday that people smoking marijuana for medicinal purposes could be prosecuted for violating federal drug laws. The ruling conflicted with medicinal marijuana laws in 10 states, including Maine and Vermont. Though it did not strike down those laws, it may pose an immovable barrier for states wishing to pass similar laws. Supporters said they would take their efforts to Congress. The Massachusetts Legislature passed legislation in the 1990s that recognized the therapeutic value of marijuana.The latest bills would provide legal protections for possession, manufacturing or distribution of marijuana if the patient, caregiver or physician has acted after a qualified medical diagnosis. Brian Fitzgerald, a 57-year-old Springfield man who has multiple sclerosis, testified in support of the bills from his wheelchair, his cannabis pin stuck through his tie. He said marijuana provided relief where prescription drugs fell short. "I don't get high any more," he said. "I just get by." The National Multiple Sclerosis Society, a nonprofit group dedicated to ending the neurological disease that affects the central nervous system, does not endorse medical marijuana. The society's Medical Advisory Board maintains there is insufficient data to recommend it. The board also called smoking marijuana unwise because health effects can be worse than tobacco smoking. Steven Epstein, an attorney from Georgetown and the founder of the Massachusetts Cannabis Reform Coalition, testified in support of the bills. He dismissed the Supreme Court's decision as a barrier to states' rights to allow for medical marijuana. "It's doubtful that the federal government has the resources to reach everyone," Epstein said in an interview before the hearing. The coalition is promoting other bills to decriminalize marijuana, making possession of small amounts of the drug subject to the equivalent of a traffic ticket violation. The group cited past nonbinding referendums on the issue and statistics from the U.S. Substance Abuse and Mental Health Services Administration that about 400,000 Bay Staters smoke marijuana every month. Gov. Mitt Romney's office declined to comment on the pending legislation, having not read the bills before the Judiciary Committee. Essex County District Attorney Jonathan W. Blodgett, who is fighting an increase in reported abuse of opiates and heroin, was at a conference yesterday afternoon. Steve O'Connell, his spokesman, said he was uncertain of Blodgett's position. "He's sworn to uphold the law," he said. Keenan said allowing for marijuana use with a doctor's recommendation would not hurt the war on illicit drug use and the abuse of legal prescription drugs like OxyContin. L'Italien agreed. "Let's not confuse the issue here," she said. - --- MAP posted-by: Larry Seguin