MEDICAL MARIJUANA DRAWS FIRE

Housebill would OK patient's use with approval by doctor.

A bill that would strengthen defense against prosecution for those
using marijuana with a doctor's approval met with resistance Tuesday
from some legislators who fear it could lead to completely legalizing
the drug.

Authored by Reps. Terry Keel, R-Austin, and Juan Hinojosa, D-McAllen,
chairman of the House Criminal Jurisprudence Committee, HB 513 would
allow those arrested for possessing marijuana to avoid prosecution by
proving that they use the drug under a doctor's orders for a "bona
fide medical condition."

A few lawmakers on the jurisprudence committee expressed concern over
the bill's implied method of self-medication -- smoking -- as well as
whether the bill would function as a stepping stone to eventually
legalizing marijuana in full.

"All I think it'll do is just proliferate the use of the drug just
like it would any other drug," said Rep. Robert Talton, R-Pasadena.
"Anyone can raise that defense, it's an affirmative defense, if they
can get a doctor."

An affirmative defense shifts the burden of proof from the
prosecution to the defense.

Keel said the bill would neither legalize marijuana nor remove the
criminal penalties for possessing it.

"It will establish an affirmative defense, put the burden of truth on
the defendant ... that the marijuana was possessed with the direct
recommendation of a medical doctor for the treatment of a legitimate
illness," Keel said. "This is a very modest step."

Keel, who has a background in law enforcement and is a former
prosecutor, said he doesn't know any prosecutors who would pursue a
case against someone who used the drug to alleviate a serious medical
condition. He said the bill would allow doctors to recommend the
treatment to patients without fear of reprisal.

"They're not going to waste the taxpayer money to prosecute this," Keel said.

Some legislators questioned why a synthetic form of marijuana that is
available in a pill can't be used instead of essentially providing a
defense for those who grow and smoke marijuana under the umbrella of
a medical doctor's approval.

Dr. Alan Robison, a professor of pharmacology with the University of
Texas M.D. Anderson Cancer Center, said his own studies have shown
that marijuana is not addictive and has no lethal dose. The drug has
been unfairly vilified and classified, he said. He called for the
measure to be passed.

One doctor testified that a pill can be ineffective, particularly for
patients who have nausea as a result of a terminal illness or its
treatment. Also, the synthetic dose can be expensive.

"For many patients, marijuana is the most effective medicine
available," said Dr. Dick Evans. "Sick Texans deserve better
treatment than this."