Pompo

Island senator is behind push for medical marijuana
Savino's position tied to her experience with both parents' battles with terminal cancer
5/16/09|Staten Island Advance| by Judy L. Randall - Staten Island Advance

When state lawmakers vote on legalizing medical marijuana later this month, state Sen. Diane Savino expects to be front and center in favor.

After all, Ms. Savino (D-North Shore/Brooklyn) is a bill co-sponsor.

But her support is less about the political and more about the personal: She believes her late parents -- both of whom "died young" of cancer -- would have benefited from it, saying it would have alleviated the great pain they were in.

"No question about it," said Ms. Savino. "They were in chronic pain. Morphine didn't work. You get to the point where nothing works. If marijuana is going to provide some sort of relief, then let them have it."

Ms. Savino's father, Alexander, was 53 when he died in 1990; her mother, Diane, 61, when she died in 1998.

But it looks like Ms. Savino has her work cut out for her when it comes to convincing her fellow Staten Island lawmakers to vote in favor. Only Assemblyman Matthew Titone (D-North Shore) said he plans to do so, calling it a "matter of compassion." He said his late mother, Margaret, who died of cancer in March at the age of 79, could have benefited from its palliative powers.

The Senate bill -- there's a companion piece in the Assembly -- would give seriously ill patients the ability to purchase the drug through a registered dispensing facility with a physician's OK. Proponents say scientific research has shown the use of marijuana can lessen the pain that comes with debilitating illnesses. They also point out that users would have to register with the state Health Department and be permitted to have no more than 2 1/2 ounces at a time.

But Island opponents point out that the sale of marijuana is against federal law, and note the legislation does not address the illegality of selling it. Set to vote against it are: State Sen. Andrew Lanza (R-Staten Island); Assemblyman Lou Tobacco (R-South Shore); Assemblyman Michael Cusick (D-Mid-Island) and Assemblywoman Janele Hyer-Spencer (D-Mid-Island/Brooklyn) -- even though she said her father Jerry, who died in 2007 of cancer at age 69, might have benefited from its "medicinal" properties.

"The bill has a component that the buyer can purchase the marijuana and not be liable," said Ms. Hyer-Spencer. "But there is no way for the state of New York to say we are not going to prosecute. The seller is always going to be held liable criminally on a federal level. So you have to start at the federal level."

"According to federal law, it is illegal for any purpose," said Tobacco. "I don't think state law can usurp federal law. I would be open to reviewing it after Congress reviews it."

But until and unless that happens, said Cusick, "You would be buying it from someone who is selling it illegally."

"My concern is, where is it coming from?" said Lanza. "Who allows it to be prescribed? For what illness? Under the bill as it's offered, you could get up to 12 plants. That seems like an awful lot. It should be held to the same standard as other powerful painkillers."

"While I could be supportive of it for medicinal use, if it can be helpful," added Lanza, "I am concerned because I don't want there to be legislation that, intentionally or not, turns this into a Trojan Horse for decriminalization."

But Ms. Savino said that should not be a concern.

"The law would provide for the dissemination and use to be heavily controlled," she said. "We are not talking about people buying it on the street."

The bottom line, said Ms. Savino, is trying to alleviate the pain of those who are sick and suffering: "After a while whatever they give you stops working. Chemotherapy is hard on the body. There is nausea, vomiting, fatigue. This is something that provides respite. The chemical components (of marijuana) have also been shown to ease anxiety. It doesn't have to be smoked; it can be ingested. Traditional medical treatments don't provide the relief people need."

"I think we have significant support for this legislation," she added.

So far two states have approved its use, Massachusetts and Michigan.