MARIJUANA BILL HEADS TO FLOOR FOR HOUSE VOTE

MONTPELIER - A bill decriminalizing marijuana for medical use appears
headed to the House floor for a vote.

The House Health and Welfare Committee on Wednesday voted 8-3 to allow
people suffering with cancer, AIDS and multiple sclerosis to use
marijuana to relieve "severe, persistent and intractable symptoms"
like pain and nausea.

The vote was bipartisan as three Republicans and five Democrats
supported the measure, which is much more restrictive than a
medical-marijuana bill that last year passed the Senate.

The House bill limits marijuana use to the treatment of just these
three diseases, and then only allows it after "reasonable efforts" to
use other drugs have been found to be unsuccessful. The Senate
proposal allows the drug to be used to treat all medical conditions
that involve severe pain, severe nausea, dangerous weight loss or seizures.

Despite the House proposal's limiting provisions, supporters of
decriminalizing the illegal drug to provide medical relief for
suffering Vermonters hailed the committee's vote.

"There is a lot of compromise in there," said Rep. Kinny Connell,
D-Warren, a committee member. "I supported much more than what is
there. But that does not diminish this in my mind. This is a strong
statement for some Vermonters who could use marijuana to increase the
quality of their lives."

Rep. David Zuckerman, P-Burlington, one of medical marijuana's most
ardent supporters, was disappointed the committee limited marijuana
use to just three diseases. But he was thrilled a vote on the
controversial issue appears headed to the House floor where supporters
of expanded use will likely attempt to amend the bill.

"This version is extremely limiting," Zuckerman said. "But it's
important it gets to the floor for a vote. This issue is important to
Vermonters. It would be great to pass a bill that gets people what
they need."

The Douglas Administration does not support medical marijuana use.
However, Jason Gibbs, the governor's chief spokesman, praised the
House committee for taking the debate "in the right direction" by
scaling back the Senate proposal.

Gibbs, however, would not say if the governor would sign the House
bill if it reached his desk.

"It is too early in the process to say definitively, but the governor
does have concerns," Gibbs said. "He remains concerned about any bill
that would violate federal law and potentially send the wrong message
to our youth."

House committee members who voted against the bill shared the
governor's hesitation.

"All of us want to be compassionate, but at the same time I'm a person
who believes in the rule of law," said Linda Kirker, R-Essex Junction,
who voted against the proposal. "Marijuana is an illegal drug. If we
as lawmakers don't respect federal law, what can we expect from our
constituents as far as respecting state law? We have to set an example."

Nine states, including Maine, defy federal law and allow the medical
use of marijuana. A recent poll concluded 71 percent of likely Vermont
voters support medical marijuana use. Lawmakers believe about 100
people will qualify for marijuana use.

The House bill requires a doctor to certify that a patient has one of
the qualifying diseases, and the patient must submit an application
that includes medical records to the Department of Public Safety. Law
enforcement officials there will then grant a marijuana registration
card to those that qualify.

Qualified patients or their registered caregiver can grow three
marijuana plants in a locked room, but only one can be mature. They
can also possess two ounces of "usable" marijuana.

Patients who use the drug, their registered caregiver, and doctors
that certify a patient's disease, will be immune from criminal
prosecution. Physicians will also be protected against any action that
threatens either their medical license or hospital privileges.

Patient advocates liked these protections, but said they would prefer
the program be administered by the Department of Health rather than
the Department of Public Safety.

"The HIV community will be happy to see this bill come out," said
Virginia Renfrew, a spokeswoman for the HIV Public Policy Project.
"But we would have preferred to see it stay with the Department of
Health. They are used to dealing with these kinds of things."