ITG

House Oks Medical Marijuana
03/26/09 | Nashua Telegraph | Kevin Landrigan

CONCORD – A bill to legalize the medical use of marijuana for those dealing with chronic pain easily cleared the House of Representatives on Wednesday.

The House approved the bill (HB 648) and sent it to the state Senate for review, 234-137.

The bill permits possession by caregivers or eligible patients of six plants and up to two ounces of useable marijuana for those with a "debilitating medical condition" under the supervision of a physician.

The pain has to be persistent for at least three months to qualify.

State Rep. Cindy Rosenwald, D-Nashua, said seriously or terminally ill patients know smoking pot is still against federal law but they are willing to take that legal risk to get some physical comfort.

"There are people in New Hampshire who suffer and do use medical marijuana to find some small measure of relief from their pain, their nausea and muscle wasting conditions," Rosenwald said.

"They have asked us for compassion to treat them as patients, not as criminals."

Since 2000, the House has killed four such bills.

Two years ago, the House rejected a more broadly written bill by a nine-vote margin.

This accurately led supporters to believe they could get this version at least through the House.

Opponents stressed the message New Hampshire would send if it legalized any use of marijuana and noted that many medical organizations either oppose or have taken no position on this change.

Rep. John Cebrowski, R-Bedford, called it "medical excuse" marijuana and said passage would lead to future efforts to wholesale legalization.

"Each pot smoker is his or her own doctor. Think about that," Cebrowksi said. "Medical use is a Trojan horse to ultimately legalize marijuana. It's a front, a first step to widespread legalization."

A spokesman for Gov. John Lynch said the governor has concerns about the bill but has not reviewed it.

Rep. Peter Batula, R-Merrimack, said the bill is unworkable because citizens would have to grow their own marijuana or get it from another eligible patient.

"If you can't buy it, can't sell it and the physician can't prescribe it, where do you get it?" Batula asked.

Maine, Vermont and Rhode Island are among the 13 states with medical marijuana laws.

Legislation like New Hampshire's bill is pending before lawmakers in eight other states. The Legislature in two other states killed similar bills earlier this year.

Rep. Evalyn Merrick, D-Lancaster, authored the bill and smoked marijuana herself to treat nausea during cancer treatments several years ago.

"I ask you to please look beyond your notion of what marijuana stands for and see what it offers our most vulnerable and suffering citizens," Merrick said. "After all, in the end, only kindness matters."

Rep. Jim Craig, D-Manchester, said he changed his mind after helping a local friend kick his addiction to drugs and alcohol and then in his final weeks of life had to return to using marijuana while dealing with cancer.

"I was afraid to offend the cops. I was afraid to be called a weirdo, afraid to be considered out there, afraid to be considered something different," Craig said. "I'm not going to do that this time."

Craig said the man, Jaime, smoked marijuana to get enough relief from pain to eat.

"He said it's the only way I can eat," Craig recalled.

"He was crying because he felt he was cheating all the people who looked up to him because he had stopped using drugs and alcohol."

U.S. Attorney General Eric Holder said last week that federal government would not raid marijuana distributors unless they are violating federal and state laws.

During the 2008 campaign, Democratic presidential candidate Barack Obama made the same statement.

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