Pubdate: Wed, 11 Apr 2012
Source: Daily Hampshire Gazette (MA)
Copyright: 2012 Daily Hampshire Gazette
Contact:  http://www.dailyhampshiregazette.com
Details: http://www.mapinc.org/media/106
Author: Vicky Britton
Note: Vicky Britton is a student in the Boston University Statehouse Program.

SEN. STANLEY ROSENBERG SAYS MEDICAL MARIJUANA BALLOT QUESTION FLAWED

BOSTON - As state legislators Tuesday weighed arguments for and 
against a ballot petition that would legalize the medical use of 
marijuana, state Sen. Stanley Rosenberg - who was treated for cancer 
during the past year - made a pitch for his own bill that would 
require tighter controls on the drug's use.

"In the petition, any physician can say they believe medical 
marijuana will help this patient whether or not their condition or 
disease was listed on the legislation," Rosenberg, a Democrat from 
Amherst, said in an interview after he testified at the Statehouse 
hearing. "I think that's a huge loophole that creates the opportunity 
for rogue physicians to go into the marijuana distribution business."

Rosenberg had radiation and chemotherapy to treat squamous cell 
carcinoma, a common form of skin cancer that was diagnosed in September.

He said the medical marijuana legislation he sponsored has more 
safeguards than the proposed ballot petition, yet would still help 
people relieve the symptoms of chronic illness. The Legislature has 
yet to vote on Rosenberg's bill.

"Many people get pain relief when they get the opportunity to use 
it," he said. "The legislation we filed ... required the Mass. 
Department of Public Health to add as they deem appropriate 
additional conditions for which you can receive a prescription for 
medical marijuana."

Rosenberg's bill would protect patients with debilitating medical 
conditions, as well as their medical practitioners and designated 
caregivers, from prosecution.

"It is done by recommendation of your physician and then the 
physician's recommendation goes to the Department of Public Health," 
Rosenberg said. "The Department of Public Health makes sure you have 
a qualifying situation and if you do, you're issued a card so you can 
go to a dispensary and receive the material."

The petition, which is likely to be on the Nov. 6 ballot, would allow 
a physician to prescribe marijuana to patients with a "debilitating 
medical condition." People suffering from illnesses including cancer, 
HIV or AIDS and multiple sclerosis could obtain marijuana to ease 
symptoms caused by the disease or its treatment and "other conditions 
as determined in writing by a qualifying patient's physician."

If passed, the law would go into effect in January 2013. It would 
allow for up to 35 dispensaries or treatment centers around the 
state, with at least one in each county.

Members of the Joint Committee on Public Health heard from a number 
of witnesses, including Eric McCoy of Boston, who has lived with 
multiple sclerosis for 20 years. McCoy told the committee he has to 
buy marijuana on the streets in order to survive.

"I'm almost 60 years old and the only reason I'm able to function 
every day is because of marijuana," McCoy said. "I would be lying 
flat on a bed otherwise because of muscle spasms."

Lynn Morin, who twice survived cancer, broke down in tears during her 
testimony after explaining she had lost good friends who suffered 
before they died.

"I just can't understand why we wouldn't provide access to people of 
something that really helps them," she said.

Other advocates offered similar stories about needing marijuana for 
help with symptoms of chronic illnesses including nausea, anxiety, 
pain and muscle spasms.

"Only criminals sell this medicine - this can be a problem for 
patients," said Dr. Karen Munkacy, a physician and breast cancer survivor.

Sixteen other states, including Maine, Vermont and Rhode Island, have 
legalized medical marijuana. And countries such as Canada, Norway and 
the Netherlands also permit the medical use of marijuana.

But opponents of legalization testified that because marijuana has 
not been approved by the U.S. Food and Drug Administration, it should 
not be referred to as medicine or given the same status as a prescription drug.

"Smoking marijuana is dangerous to your health. We know that," said 
Dr. Louis Fazen, a pediatrician from Southborough. Fazen said he 
would be uncomfortable writing a prescription with such little 
knowledge available about the drug.

State Rep. Jeffrey Sanchez, D-Jamaica Plain, who co-chaired the 
hearing with state Sen. Susan Fargo, D-Lincoln, said he is concerned 
that passing such a law would just provide drug dealers with legitimacy.

Sanchez also said he is concerned operators of marijuana dispensaries 
could be prosecuted under federal drug enforcement laws.
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MAP posted-by: Jay Bergstrom