ISLAND SENATOR IS BEHIND PUSH FOR MEDICAL MARIJUANA

Savino's Position Tied To Her Experience With Both Parents' Battles
With Terminal Cancer

STATEN ISLAND, N.Y. -- When state lawmakers vote on legalizing
medical marijuana later this month, state Sen. Diane Savino expects
to be front and center in favor.

After all, Ms. Savino (D-North Shore/Brooklyn) is a bill co-sponsor.

But her support is less about the political and more about the
personal: She believes her late parents -- both of whom "died young"
of cancer -- would have benefited from it, saying it would have
alleviated the great pain they were in.

"No question about it," said Ms. Savino. "They were in chronic pain.
Morphine didn't work. You get to the point where nothing works. If
marijuana is going to provide some sort of relief, then let them have it."

Ms. Savino's father, Alexander, was 53 when he died in 1990; her
mother, Diane, 61, when she died in 1998.

But it looks like Ms. Savino has her work cut out for her when it
comes to convincing her fellow Staten Island lawmakers to vote in
favor. Only Assemblyman Matthew Titone (D-North Shore) said he plans
to do so, calling it a "matter of compassion." He said his late
mother, Margaret, who died of cancer in March at the age of 79, could
have benefited from its palliative powers.

The Senate bill -- there's a companion piece in the Assembly -- would
give seriously ill patients the ability to purchase the drug through
a registered dispensing facility with a physician's OK. Proponents
say scientific research has shown the use of marijuana can lessen the
pain that comes with debilitating illnesses. They also point out that
users would have to register with the state Health Department and be
permitted to have no more than 2 1/2 ounces at a time.

But Island opponents point out that the sale of marijuana is against
federal law, and note the legislation does not address the illegality
of selling it. Set to vote against it are: State Sen. Andrew Lanza
(R-Staten Island); Assemblyman Lou Tobacco (R-South Shore);
Assemblyman Michael Cusick (D-Mid-Island) and Assemblywoman Janele
Hyer-Spencer (D-Mid-Island/Brooklyn) -- even though she said her
father Jerry, who died in 2007 of cancer at age 69, might have
benefited from its "medicinal" properties.

"The bill has a component that the buyer can purchase the marijuana
and not be liable," said Ms. Hyer-Spencer. "But there is no way for
the state of New York to say we are not going to prosecute. The
seller is always going to be held liable criminally on a federal
level. So you have to start at the federal level."

"According to federal law, it is illegal for any purpose," said
Tobacco. "I don't think state law can usurp federal law. I would be
open to reviewing it after Congress reviews it."

But until and unless that happens, said Cusick, "You would be buying
it from someone who is selling it illegally."

"My concern is, where is it coming from?" said Lanza. "Who allows it
to be prescribed? For what illness? Under the bill as it's offered,
you could get up to 12 plants. That seems like an awful lot. It
should be held to the same standard as other powerful painkillers."

"While I could be supportive of it for medicinal use, if it can be
helpful," added Lanza, "I am concerned because I don't want there to
be legislation that, intentionally or not, turns this into a Trojan
Horse for decriminalization."

But Ms. Savino said that should not be a concern.

"The law would provide for the dissemination and use to be heavily
controlled," she said. "We are not talking about people buying it on
the street."

The bottom line, said Ms. Savino, is trying to alleviate the pain of
those who are sick and suffering: "After a while whatever they give
you stops working. Chemotherapy is hard on the body. There is nausea,
vomiting, fatigue. This is something that provides respite. The
chemical components (of marijuana) have also been shown to ease
anxiety. It doesn't have to be smoked; it can be ingested.
Traditional medical treatments don't provide the relief people need."

"I think we have significant support for this legislation," she added.

So far two states have approved its use, Massachusetts and Michigan.