BURNING QUESTION

One year ago, Rhode Island became the 11th state to legalize marijuana
for medical use. Since then, more than 350 patients and caregivers
have applied to become card carrying medical marijuana users. Will
legislators be willing to continue the program?

BY DAN KEARNEY

Rhonda O'Donnell smokes pot. No, she doesn't have a bead curtain
guarding the entrance to her bedroom and, no, she doesn't sit up late
with Bob Marley and the munchies. O'Donnell, 44, has multiple
sclerosis. She uses marijuana to control the pain, stiffness and
burning in her legs associated with MS. She started smoking pot over
the last year, after the Rhode Island General Assembly passed
legislation legalizing the drug for medicinal purposes. She is one of
almost 200 Rhode Islanders who have signed up for the program so far.

On Jan. 3, 2006, Rhode Island became the 11th state to pass
legislation legalizing medical marijuana. The law, passed with a 59-13
override of a veto by Gov. Donald L. Carcieri, is due to expire on
June 30 if it is not reauthorized by the General Assembly.

The legislation's passage was the culmination of years of work by its
sponsors, state Sen. Rhoda Perry, D-Providence, and Rep. Thomas C.
Slater, D-Providence, as well as advocates like O'Donnell.

O'Donnell, a registered nurse who was forced into early retirement
seven years ago by her MS, originally got behind the pot initiative
because of her father.

"He used it 25 years ago for his cancer," she said of her otherwise
law-abiding dad. Once the legislation was approved, O'Donnell went
through the Department of Health's "simple" application process for an
ID card after getting a referral from her doctor.

From medicine to madness and back again

It might be hard to believe in today's War on Drugs world, but
marijuana (then called cannabis) was once prescribed by pharmacists
for pain relief. This practice ended in the 1930s with the onset of
"Reefer Madness," a national hysteria over the supposed homicidal
effects of the drug, which was quickly banned by Congress.

Since the Controlled Substances Act of 1970, marijuana has been
classified by the federal government as a Schedule 1 substance,
meaning it has (a) a high potential for abuse; and (b) no currently
accepted medical use for treatment in the United States. This means,
importantly, that doctors are barred from prescribing marijuana to
patients. Rhode Island's legislation allows physicians to recommend
patients to the Department of Health for medical marijuana, thereby
insulating them from federal interference.

But does marijuana truly have "no currently accepted medical use" as
the government claims? An active ingredient in pot, THC, is legally
available in pill form, called Marinol. But studies over the past
decade in New Mexico, California and Oregon have shown smoked
marijuana to be more efficient than Marinol in relieving the pain
associated with MS, AIDS-related treatment and chemotherapy for cancer.

One of the added benefits of smoking marijuana, as opposed to taking
Marinol, O'Donnell said, was her ability to control the dosage.

"I was amazed at how fast it worked. I might take one hit, or I might
need two, but I can feel it right away. With a pill, it stays in your
system and you get that set amount."

Demand...and supply

During my conversation with O'Donnell, the inevitable - and highly
contentious - question of supply came up. The legislation, you see,
does not describe how patients actually obtain marijuana. The drug is
illegal; therefore, the state cannot grow and distribute its own
quantity. So how do patients get it?

"Somebody knows somebody," O'Donnell answered, playfully evasive. "If
someone really needed help getting it, I would tell them to go to a
support group (for their illness). It's all word of mouth."

Herein lies the unavoidable collision of state law and federal
regulation, and the major sticking point for opponents of the
legislation. One of the House members who voted to support the
governor's veto a year ago was Rep. John Loughlin, R-Tiverton.
Loughlin made it clear that while he does not object to the use of
marijuana for medical purposes, he finds the lack of regulation of the
drug disturbing.

"We are putting people unnecessarily at risk," he said. "We can't
regulate quality and safety," he continued, noting that street-bought
pot can vary tremendously in potency and can be laced with other, more
dangerous drugs.

When I posed this quandary to Sen. Perry, she gave a long sigh. "We
can't do anything until the feds do something," she said, noting the
drug's status as Schedule 1.

Critics also point to the case of Steven Trimarco. Trimarco was
arrested in October for possession of 72 plants of marijuana and
luring local teenage girls to his Exeter home to smoke with him.
Trimarco had a Department of Health ID card to possess medical
marijuana. At that time, a state police official cited Trimarco as a
"perfect example" of why the State Police opposed the
legislation.

But didn't Trimarco simply break the law? No one - not even medical
pot patients - are allowed to keep 72 plants and entice teenage girls
to their homes to smoke it.

Perry agreed, adding, "Even with one possible negative situation, this
law still comes down on the positive side."

Does she anticipate that the legislation - named in part for her
nephew, who died three years ago from AIDS - will be reauthorized by
the Assembly?

"I'll work hard," she said, "but it's the incredible stories of real
people" using medical marijuana that are key. "They will convince my
colleagues."

Rhonda O'Donnell has told her story before and will undoubtedly be
there again before a vote is taken.

Medical marijuana by the numbers:

365: Days since Rhode Island legislation was passed

193: Patients registered with state Dept. of Health
*

104: Number of those patients living Providence County

34: Number of patients from Kent County

33: Number of patients from Washington County

11: Number of patients from Newport County

11: Number of patients from Bristol County

19: Patients with applications pending with state Dept. of
Health

173: Caregivers signed up with state Dept of Health

2: Caregivers pending

118: Physicians who have recommended patients for medical
marijuana

2.5: Usable ounces allowed per patient; or,

12: Plants allowed per patient

11: States that have legalized marijuana for medicinal purposes (Rhode
Island, Maine, Vermont, Alaska, California, Colorado, Hawaii, Montana,
Nevada, Oregon and Washington)

1: Percentage of marijuana-related arrests made by federal authorities
in the U.S.

SOURCE: RI DEPARTMENT OF HEALTH, MARIJUANA POLICY PROJECT

*As of Dec. 22, 2006