MEDICAL MARIJUANA BILL FAILS IN HOUSE

SANTA FE -- All eyes in the House were fixed intently on a marquee as
the votes slowly wracked up -- for the second time in one night -- on
a measure legalizing marijuana for medical use.

"Yeas" at first outnumbered the "nays" during the 30-second span
lawmakers had to cast a vote Thursday night, but were soon edged out,
leaving the final tally 33-36: The bill had failed.

Just minutes earlier, a vote on the same bill resulted in a tie, with
three members absent from the House chambers.

Through a procedural move, Majority Floor Leader Ken Martinez,
D-Grants, brought the measure back for a second consideration.

Round two saw three members flip-flop: Rep. Thomas Swisstack, D-Rio
Rancho, voted yes after previously voting no, while Rep. Richard
Vigil, D-Ribera, and Rep. Thomas Garcia, D-Ocate, voted no after
previously voting yes.

The three lawmakers absent in the first round made an appearance for
the second. Two cast votes against the bill, while one was in favor.

The unusual episode was a fitting wrap-up to a debate that featured
the unusual circumstance of lawmakers throwing party lines to the
wind. Some Democrats spoke against medical marijuana use because it
could send a negative message to children, while some Republicans
argued in favor of the bill because it could alleviate pain for
sufferers of serious illness.

Rep. Debbie Rodella, D-Ohkay Owingeh, was among those against the
measure. Illegal drug use is a problem in her community, she said.

"I don't think there's anyone in my community that hasn't been
affected by the drug problem we face," she said. "I think the bottom
line is if we vote yes, we do send the wrong message to our children
- -- that pot is medicine, and it's not."

An outspoken supporter was Minority Whip Dan Foley, R-Roswell, who
said he doubted an approval would lead to a spike in illegal marijuana
use among children. He backed the measure because it could help people
suffering from disease, he said.

Conditions that would have been treatable with marijuana included
cancer, glaucoma, multiple sclerosis, spinal cord injuries, epilepsy
and AIDs, under the legislation. Patients would have had to seek
approval from the state and carry a registration card in order to use
medical marijuana.

The bill would have created an advisory board of doctors under the
health department to approve and deny requests by patients.

Some lawmakers, including Rep. Bill Rehm, R-Albuquerque, spoke against
the bill because it could have led to trouble with the federal
government, which has ignored state laws allowing marijuana use for
medical purposes and has continued to prosecute possession of
marijuana in those instances.

The bill is Senate Bill 238.