HOUSE OKS MEDICAL MARIJUANA

CONCORD ­ A bill to legalize the medical use of marijuana for those
dealing with chronic pain easily cleared the House of Representatives
on Wednesday.

The House approved the bill (HB 648) and sent it to the state Senate
for review, 234-137.

The bill permits possession by caregivers or eligible patients of six
plants and up to two ounces of useable marijuana for those with a
"debilitating medical condition" under the supervision of a physician.

The pain has to be persistent for at least three months to qualify.

State Rep. Cindy Rosenwald, D-Nashua, said seriously or terminally
ill patients know smoking pot is still against federal law but they
are willing to take that legal risk to get some physical comfort.

"There are people in New Hampshire who suffer and do use medical
marijuana to find some small measure of relief from their pain, their
nausea and muscle wasting conditions," Rosenwald said.

"They have asked us for compassion to treat them as patients, not as
criminals."

Since 2000, the House has killed four such bills.

Two years ago, the House rejected a more broadly written bill by a
nine-vote margin.

This accurately led supporters to believe they could get this version
at least through the House.

Opponents stressed the message New Hampshire would send if it
legalized any use of marijuana and noted that many medical
organizations either oppose or have taken no position on this change.

Rep. John Cebrowski, R-Bedford, called it "medical excuse" marijuana
and said passage would lead to future efforts to wholesale legalization.

"Each pot smoker is his or her own doctor. Think about that,"
Cebrowksi said. "Medical use is a Trojan horse to ultimately legalize
marijuana. It's a front, a first step to widespread legalization."

A spokesman for Gov. John Lynch said the governor has concerns about
the bill but has not reviewed it.

Rep. Peter Batula, R-Merrimack, said the bill is unworkable because
citizens would have to grow their own marijuana or get it from
another eligible patient.

"If you can't buy it, can't sell it and the physician can't prescribe
it, where do you get it?" Batula asked.

Maine, Vermont and Rhode Island are among the 13 states with medical
marijuana laws.

Legislation like New Hampshire's bill is pending before lawmakers in
eight other states. The Legislature in two other states killed
similar bills earlier this year.

Rep. Evalyn Merrick, D-Lancaster, authored the bill and smoked
marijuana herself to treat nausea during cancer treatments several years ago.

"I ask you to please look beyond your notion of what marijuana stands
for and see what it offers our most vulnerable and suffering
citizens," Merrick said. "After all, in the end, only kindness matters."

Rep. Jim Craig, D-Manchester, said he changed his mind after helping
a local friend kick his addiction to drugs and alcohol and then in
his final weeks of life had to return to using marijuana while
dealing with cancer.

"I was afraid to offend the cops. I was afraid to be called a weirdo,
afraid to be considered out there, afraid to be considered something
different," Craig said. "I'm not going to do that this time."

Craig said the man, Jaime, smoked marijuana to get enough relief from
pain to eat.

"He said it's the only way I can eat," Craig recalled.

"He was crying because he felt he was cheating all the people who
looked up to him because he had stopped using drugs and alcohol."

U.S. Attorney General Eric Holder said last week that federal
government would not raid marijuana distributors unless they are
violating federal and state laws.

During the 2008 campaign, Democratic presidential candidate Barack
Obama made the same statement.

[SIDEBAR]

The Pot Debate((

How well is the legal crackdown on marijuana working: Is it a good
way to reduce drug abuse, or a waste of money? These stories look at
the issue, examining the opinions of those who make the law, those
who enforce it, and those who run afoul of it.

Visit The Telegraph's Pot Debate page for an archive of all articles
in this series.

[SIDEBAR] BILL AT A GLANCE Bill No. HB 648

SPONSOR: State Rep. Evelyn Merrick, D-Lancaster.

DESCRIPTION: The bill permits possession of six plants and up to two
ounces of useable marijuana for those with a "debilitating medical
condition'' under the supervision of a physician.

STATUS: The House of Representatives voted, 234-138, to approve the
bill. The House Health, Human Services and Elderly Affairs Committee
had recommended, 13-7, to legalize possession of no more than six
plants and two ounces. Under the amended bill, a person would
cultivate his or her own marijuana or get it as a gift and not a
for-profit sale from another qualified patient.

REQUIREMENTS The following describes a "debilitating medical
condition'' that is required for someone to receive marijuana for
medicinal purposes under legislation (HB 648) a House committee
endorsed Wednesday.

1) A chronic or terminal disease or medical condition whose symptoms
or result of treatment may include cachexia or wasting syndrome,
severe pain that has not responded to previously prescribed
medication or surgical measures for more than three months, severe
nausea, severe vomiting, seizures or severe, persistent muscle spasms.

2) A chronic or terminal disease which may include cancer, glaucoma,
positive status for human immunodeficiency virus, acquired immune
deficiency syndrome, hepatitis C, amyotrophic lateral sclerosis,
muscular dystrophy, Crohn's disease, agitation of Alzheimer's disease
or multiple sclerosis.