MORGAN SAYS HE'LL CONTINUE FIGHT FOR MEDICAL MARIJUANA

Marijuana advocates in The Old Dominion have found an unlikely ally
in Del. Harvey B. Morgan, a bespectacled 79-year-old Republican.

This year the Gloucester County lawmaker introduced a bill that would
decriminalize marijuana possession and a bill that would allow
doctors to prescribe marijuana.

While both measures died in the House Courts of Justice Committee,
they served as another reminder of the increasing pressure to move
away from the prohibition mindset that has dominated U.S. drug policy
since the 1980s.

The National Conference of State Legislatures says in 2009 alone, 26
states -- ranging from progressive-leaning California to
conservative-leaning Alabama -- considered bills dealing with medical
marijuana. In November, California will vote on a measure to make
all pot legal, and taxable.

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The federal government currently outlaws marijuana for any use and
classifies it as a Schedule One drug, meaning it has no medicinal
value and is highly addictive. But in October, President Barack Obama
issued a Justice Department memo that ordered federal officials to
honor state laws that allow the drug.

Virginia currently allows medical marijuana to treat glaucoma and
cancer.

Dee Duffy, of the Virginia chapter of NORML, a marijuana advocacy
group, said, "One by one, we're seeing all the states change their
laws and reform the laws."

"Even if it's just a little bit, everybody's headed in the same
direction," Duffy said. "Five years ago, I would say, 'What, are you
kidding me? This is going to be a long time.' I am optimistic, that
some kind of change is going to happen within the next couple of
years."

The legislation receives support from a broad spectrum of society,
from libertarians to ex-hippies and baby boomers. And in Virginia's
case, from Morgan, a retired pharmacist who says he never tried the
drug.

"I grew up before marijuana became popular -- it's a good thing
because I probably would have tried it," he said.

He started taking an interest in decriminalization about five years
ago after hearing the plights of people who had been convicted of
simple possession charges and could not get a job when employers saw
the drug conviction on their record.

"I've done a lot of research on it since then, and I find what an
injustice it is," he said. "If you want to get a job as a taxi
driver, or any other commercial driver's permit, if you want to get a
job as a teacher, or if you want to get a job in any health
profession, you can't do it."

Morgan's decriminalization bill would have made the possession of
less than an ounce of marijuana a civil offense, punishable by a $500
fine, rather than a criminal offense. The bill also would have
removed the two-year mandatory sentence for distribution of more
than one ounce of marijuana and the five-year mandatory sentence for
the distribution of more than five pounds of marijuana.

As a senior member of the House and with his background as a
pharmacist, Morgan felt he had the political and professional chops
to deal with the blowback that comes with pushing the legislation.
While the topic provides plenty of jokes in the statehouse, including
quips about the special treats from Morgan when a plate of cookies
showed up in the member's lounge, the movement is being taken
seriously, said Del. David B. Albo, chairman of the Courts of Justice
Committee.

Advocates of decriminalizing marijuana possession say that it has
become an accepted part of American society and has similar
side-effects as alcohol. They also point to the large amount of money
that is spent on marijuana enforcement and holding offenders in prison.

"I'm not encouraging people to go out and smoke marijuana, but public
policy needs to be based on science," said Del. David L. Englin,
D-Alexandria, who co-sponsored the decriminalization bill.

But those who shot down the bill say it would have done more than
just extend mercy to first-time offenders.

"They were also lowering punishments on people who were dealing pot
to kids," said Albo. "They were lowering punishment on drug kingpins
who sell bales of pot. The bill basically took marijuana to the same
level as alcohol.... The devil is in the details on these things."

The Springfield Republican said the medical marijuana bill also was
too broad because it would allow doctors to prescribe marijuana for
whatever they deemed appropriate, including stress.

But Albo suggested that marijuana legislation has a
future.

"I would vote for a bill that would add medical marijuana to another
disease if there was some kind of medical proof that it helped
patients," said Albo. "I would consider looking at a bill that made
first-offense possession of very small amounts of marijuana a civil
penalty."

He estimated that 75 percent of the House members agree with him on
modest change to the laws.

Morgan says he will continue to introduce legislation until it is
passed. "It could pass this year, but I really wouldn't expect it
too. But I'm gonna try anyway."