Pubdate: Wed, 18 Jun 2014
Source: New York Times (NY)
Copyright: 2014 The New York Times Company
Website: http://www.nytimes.com/
Details: http://www.mapinc.org/media/298
Author: Jesse McKinley

TALKS ON MARIJUANA BILL AS TIME RUNS OUT

ALBANY - For a drug known for tranquillity, marijuana has become a
very tense issue here.

With only days left on the legislative calendar, state lawmakers and
Gov. Andrew M. Cuomo were ensconced in last-minute negotiations over a
new and enhanced medical marijuana program on Tuesday. The governor -
who had announced his own, more limited plan for the drug earlier this
year - was personally involved in talks, which were shaping up to be
the dominant story line in the waning hours of this legislative session.

A critical difference between the revised bill favored by legislative
leaders, known as the Compassionate Care Act, and Mr. Cuomo's vision
of medical marijuana appeared to be the issue of whether or not the
drug could be smoked by patients.

In a radio interview on Tuesday, Mr. Cuomo said that he would not sign
a bill that allowed smoking of marijuana, something that puts him at
odds with a vast majority of the 22 other states and the District of
Columbia that have approved access to medical marijuana.

But the governor seemed unmoved, saying he had heard "significant
concerns from the professionals" about the drug, citing the advice of
Dr. Howard A. Zucker, the acting health commissioner, and Joseph A.
D'Amico, the superintendent of the New York State Police.

"I understand the politicians and the political process," said Mr.
Cuomo, a Democrat, "but I understand that this is a very serious matter."

The governor's declaration came after several days of demands from his
office for changes in the legislation, including the elimination of a
board that would have advised the health commissioner on which
diseases could be treated with marijuana, and tighter restrictions on
who could make recommendations for the drug's use.

Mr. Cuomo also suggested on Tuesday that he wanted provisions to stop
the sale of marijuana in the state if there was "a public safety risk
or a public health risk," something administration officials said
could include instances like contaminated drugs or the threat of
marijuana's being diverted for illegal recreational use.

Marijuana can be ingested in a tincture, capsule and vaporized form.
But the issue of smoking, which advocates for the drug's medical
benefits say is often the most efficacious and controllable method of
use, has become a major sticking point.

"Smoking needs to be an option for people," said State Senator Diane
J. Savino, a Democrat representing parts of Staten Island and the
bill's sponsor in that chamber. "And we're going to hold to that."

Ms. Savino, a member of the Independent Democratic Conference, a
breakaway group that shares leadership with the Republicans, met with
Mr. Cuomo and other backers of the bill on Tuesday afternoon and said
after that she was "very confident we can get this done."

However, officials with the Drug Policy Alliance, which lobbies for
more liberal drug laws, suggested that Mr. Cuomo's demands might
eliminate what they consider important parts of the legislation or
killing it altogether.

"We feel as good as we can feel in a place like Albany," said Gabriel
Sayegh, the state director of the alliance in New York. "This is not
complicated. We know the science around this stuff, and the patient
need is clear."

The governor's comments on the Compassionate Care Act have increased
in recent weeks. The bill allows patients suffering from "a serious
condition" - a list of more than a dozen ailments including cancer,
AIDS and epilepsy - to be certified for marijuana use by a physician,
and in some cases, a physician assistant or nurse practitioner.

The measure passed the State Assembly, which Democrats control, in May
- - the fifth time that chamber has approved a medical marijuana bill.
Ms. Savino, meanwhile, said she had the votes to pass the bill in the
Senate, but would need some Republican support, including the
permission to bring a vote from Senator Dean G. Skelos of Long Island,
who shares leadership with the independent Democrats.

The governor's initial plan, announced in January, hinges on a 1980
law that allowed the State Health Department to set up a research
program to study marijuana's medical use. Under Mr. Cuomo's plan, that
law would have allowed hospitals around the state to dispense
marijuana to seriously ill patients. But his proposal was criticized
almost immediately, with medical marijuana backers like Richard N.
Gottfried, the sponsor in the Assembly, calling it unworkable.

Still, on Tuesday, supporters of the bill were holding out hope for a
deal, saying that any less would say more about government dysfunction
than about potential problems associated with marijuana. If the bill
does not become law, Mr. Sayegh said, "it would be a profound
embarrassment for this state."
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MAP posted-by: Matt