R.I. MAY ALLOW MEDICAL MARIJUANA

VETO-PROOF VOTE EXPECTED TODAY

Rhode Island is poised to become the 11th state in the nation to
permit the use of marijuana for medicinal purposes, with the divisive
proposal expected to win final passage today and reach the governor's
desk tomorrow. Governor Donald L. Carcieri has said he will probably
veto the bill, but supporters say they have the votes needed to
override his veto. The legislation advance at a critical juncture in
the battle over the issue. Three weeks ago, the Supreme Court ruled
that medicinal marijuana users can be prosecuted under federal law,
even if their home states allow use of the drug. Last week, federal
drug agents raided medicinal marijuana dispensaries in Northern
California and arrested nearly two-dozen people. In Rhode Island, the
legislative fight has been propelled by deeply personal stories. The
bill is named for state Senator Rhoda Perry's nephew, who died last
year from complications of AIDS and lymphoma and whose doctors had
recommended marijuana to ease his nausea. On the House side, the
bill's sponsor is Representative Thomas Slater, who has undergone
treatment for both lung and prostate cancer.

''Would I really take marijuana? I don't know," said Slater, a
Providence Democrat who is 64 and added that three of his six siblings
have also battled cancer. ''I just want the option out there for
people. If they feel it would help them and a doctor feels it would
help them, then I want them to have the option to use it without fear
of state prosecution." Slater and other supporters say their
legislation is limited enough to prevent abuse of marijuana.

The bill would exempt from arrest only patients -- along with their
doctors, pharmacists, and caregivers -- whose doctors certified to the
state Department of Health that the patient had pain from a ''chronic
or debilitating" medical condition, such as cancer or AIDS, that
might be eased by marijuana. Such patients would be given state
registration cards that would allow them and their caregivers to
possess up to 12 plants or 2.5 ounces of ''usable marijuana" at any
time.

The law would apply only to Rhode Island residents. Moreover, users
would be required to store the drug indoors; there will be no
dispensaries. That, backers say, is a key difference from California
that should make it easier to keep track of marijuana users.

''There won't even be the opportunity to grow large amounts, because
it will have to be grown indoors, not outside," said Perry, a
Providence Democrat. ''We're also not San Francisco. We don't have
huge numbers of people and dispensaries."

Passage of the law in Rhode Island would leave New England evenly
divided over the issue of medicinal marijuana. Vermont and Maine
permit its use. In Connecticut, legislation passed the state Senate,
but died in the House this year. In New Hampshire, legislation was
defeated this year, as well, according to the Marijuana Policy
Project, a nonprofit group that opposes prohibition of marijuana. A
bill in Massachusetts is in a legislative committee. The other states
allowing use of medicinal marijuana are: Alaska, California, Colorado,
Hawaii, Montana, Nevada, Oregon, and Washington. In Rhode Island, the
legislation has been offered a half-dozen times. The first five times,
the bill died in committee. This year it passed both houses by a wide
margins.

A spokesman for Rhode Island's governor has said that Carcieri is
''strongly inclined" to veto the legislation because of concerns that
permitting use of marijuana would put state law enforcement officials
in conflict with federal law, which bars the use of marijuana for any
reason. ''The [US] Supreme Court said federal law preempts any efforts
by the state to authorize the use of marijuana for any purpose,
including medicinal," said Jeff Neal, the governor's spokesman, ''so
asking law enforcement officials to violate their oath and allow
individuals to knowingly violate federal law is a very difficult
position to put them in."

Despite the legal murkiness, supporters are buoyant about the bill's
prospects. ''We know there is always the chance of federal
prosecution," Slater said. ''But the DEA has said they would not go
after the sick and dying, and we don't think they will in Rhode Island."