SENATE POT BILL PASSED

MONTPELIER -- The Vermont Senate has passed a bill that would allow sick
people arrested for marijuana possession to claim their illness as a defense
against prosecution, keeping the issue alive this session.

By a 22-7 margin, senators approved an "affirmative defense" amendment to a
bill that would revamp some of the state's laws regarding blood tests for
drunken drivers, then passed the bill on a voice vote. A mix of both
Democrats and Republicans voted for the measure.

The measure is far less sweeping than the House-passed version, which
decriminalized marijuana possession and use for patients suffering from a
variety of illnesses. It was unclear whether the House would agree to the
Senate's plan.

The chief sponsor, Judiciary Committee Chairman Sen. Richard Sears,
D-Bennington, said the move was a small step toward helping sick Vermonters
avoid prosecution for using marijuana to relieve their symptoms.

"I don't think any of us want to see them arrested or prosecuted," he said.
But he noted there simply wasn't time this session to take up the House's
more complex bill.

The measure wasn't universally supported, though. Sen. James Leddy,
D-Chittenden, said it didn't go far enough.

"It offers the illusion of help, but I believe it offers no real help," he
said. "... If we are truly interested in relieving pain, why is it still a
crime?"

But others said it was a good first step and helped send a message that the
Legislature was serious about addressing the problem.

"We cannot eliminate the crime," said Sen. John Campbell, D-Windsor. "But we
can provide a defense to it."

And some senators remained opposed to any changes in the drug laws. Sen.
Julius Canns, R-Caledonia, argued that federal law outlawing marijuana
superseded state law, and questioned whether the amendment would lead to
more people growing marijuana to supply it to patients.

"I'm going to plant about 20 acres of this and see if I can get away with
it, too," he joked.

Supporters of the measure also had to beat back an attempt by Sen. William
Corrow, R-Orange, to attach an amendment to the bill that would have
required minors to get permission from their parents to use marijuana for
medical purposes.

But the Senate version didn't exactly thrill the lead sponsor of the House's
bill, Rep. David Zuckerman, P-Burlington, who said he'd prefer no bill.

Zuckerman, who helped patch together a coalition of Progressives, Democrats
and Republicans to shepherd the bill through the GOP-controlled House, said
advocates would prefer to try again next year and feared passage of the
affirmative defense would hurt that effort.

"We waited 20 years since the last time we addressed this issue," he said,
referring to a state law that would have allowed limited medical marijuana
testing but was never implemented.

"If we sign this will we have to wait another 20 to finish the job?"
Zuckerman asked. "I'd rather have nothing and complete the deal next year,
or get it (the House version) in a (joint House-Senate) conference
committee."

Agreeing with that was Kat Perera, an AIDS patient from Hancock who had
testified before both House and Senate committees that she uses marijuana to
treat wasting syndrome and nausea caused by her medications.

"Affirmative defense doesn't really guarantee anyone anything," she said.
"It forces chronically ill people to deal with drug dealers. ... It doesn't
provide anything for a caregiver for someone who's too chronically ill to
take care of themselves.

"I believe the states really have to step up and treat marijuana as a
medicine and tell the federal government we need to do this research,"
Perera said. "And an affirmative defense law doesn't really move us in that
direction."

The House bill allows use and possession of marijuana to alleviate pain,
nausea and other symptoms associated with diseases such as cancer, multiple
sclerosis and AIDS.

It would require a doctor's certification that the patient suffered from one
of these conditions and that certification would be sent to the Department
of Public Safety.

A patient or designated caregiver could possess up to three mature plants,
four immature plants and 3 ounces of marijuana, and could grow the plant if
they do it in a secure, indoor location.

Gov. Howard Dean, a staunch opponent of medical marijuana, opposes the House
bill. He has not said publicly whether he would support the Senate's
affirmative defense bill.

Sears said a compromise between the House and Senate bills seemed unlikely,
but said he respected Zuckerman's position.

"Once you get into the growing and certification by a doctor, you get into
some thorny issues this Senate just doesn't want to get into," Sears said.