SENATE OKS MEDICAL-MARIJUANA BILLS

Not one, not two, but three bills that would set up state programs to
provide marijuana to patients suffering from certain serious medical
conditions won overwhelming bipartisan approval from the state Senate on
Wednesday.

If any of the bills makes it through the House and is signed by the
governor, patients suffering conditions such as cancer, glaucoma, multiple
sclerosis, certain spinal-cord damage, epilepsy and HIV-AIDS would be able
to use marijuana supplied by the state Health Department.

A spokesman for Gov. Bill Richardson issued a statement that said: "For
people who are living in a tremendous amount of pain as a result of
life-threatening diseases, this is a treatment that they should be allowed
to have."

"The governor is studying the medical-marijuana legislation that passed the
Senate," spokesman Gilbert Gallegos said, "and is encouraged that there
appears to be proper safeguards in place to protect against misuse and
abuse for personal use."

But advocates for the bills agree they could face a much harder time in the
House. Four years ago the House passed a medical-marijuana bill, which
eventually died in the Senate.

However, two years ago, the House defeated a similar measure by a 49-20
vote. A majority of both Democrats and Republicans voted against the bill
in 2003.

Under Senate Bill 795, sponsored by Sen. Cisco McSorley, D-Albuquerque, the
Health Department would license producers to provide marijuana, which would
be grown in secure facilities. Patients whose doctors recommended the
marijuana would have to apply to the department. A review board of doctors
would approve patients, who would be given a card, good for a year,
allowing them to possess enough marijuana to last three months.

This bill passed 27-11, with support from 18 Democrats and nine
Republicans. Voting in the minority were eight Republicans and three Democrats.

The Senate then passed SB 891, sponsored by Sen. Steve Komadina,
R-Corrales. His bill would require the marijuana to be pharmaceutical
grade, so, he said, the dosages would be consistent. Under his bill,
marijuana wouldn't be smoked, although a device such as an inhaler or
atomizer could be used.

Komadina's medical-marijuana plan also would be administered by the Health
Department, which would issue participants identification cards that have
to be renewed every three months.

SB 891 passed on a 29-11 vote.

The third bill, SB 492, sponsored by Sen. Shannon Robinson, D-Albuquerque,
would allow people to use medical marijuana topically -- in the form of a
patch, lotion, gel or a bath. Doctors would have to certify patients with
chronic or debilitating diseases marked by pain or severe muscle spasms to
be eligible for the program.

Robinson's bill won by the biggest margin, 31-9.

Because of technical differences in the bills, it's not clear how the state
would administer a medical-marijuana program if all were signed into law.

However, a House committee could combine the three into one substitute
bill. If that substitute made it through the House, it would have to go
back to the Senate for approval.

Another possibility if more than one bill passed the House: Richardson
could choose to sign the one he liked best.

Or if all three were to be signed into law, the Health Department could try
to implement all the parts of the bills that don't conflict. Courts might
have to settle conflicts.

The most serious objection to all three bills expressed by opponents was
that the bills would be in conflict with federal drug laws.

"At the end of the day, no matter what you say, this violates the federal
controlled-substance law," said Sen. Bill Payne, R-Albuquerque. "I believe
in the therapeutic value of cannabis," he said. But he said proponents
should be trying to change the federal law first.

The U.S. Supreme Court currently is considering a case that could determine
whether the federal government can prosecute ailing marijuana users who use
the drug with their state's approval.