cannabisnews.com: Arkansas Medical Marijuana Bill Rejected Arkansas Medical Marijuana Bill Rejected Posted by CN Staff on March 12, 2003 at 07:41:58 PT By The Associated Press Source: Associated Press Little Rock -- A long-shot effort at legalizing marijuana for medical use went up in smoke in a House committee Tuesday. The panel heard from Dr. Jocelyn Elders, the former U.S. surgeon general, who said people with serious illnesses should have the chance to use the treatment that works best for them, including marijuana. "If you can have someone smoke a joint and not worry about being busted by the cops, it would be a real advantage," Elders said. But members of the House Public Health, Welfare and Labor Committee expressed concerns about making the drug legal in certain circumstances and questioned why a prescription drug that contains a key ingredient in marijuana isn't enough. The bill by Rep. Jim Lendall, D-Mabelvale, would make it legal for those who register for a program, after consulting with a doctor, to grow and keep small amounts of marijuana at their homes to treat their condition. The bill would restrict legalized marijuana to help relieve the pain of cancer, AIDS and other "debilitating medical conditions." Several residents told the committee about their health problems, ranging from cancer to complications of car wrecks, and spoke of the benefits that they say marijuana provides that prescription drugs do not. Kendle Greenlee of Elkins said his knees were crushed in a work-related accident and that marijuana lessens the pain and is much cheaper than the prescription drugs he has used -- which at one point, he said, cost more than $1,000 per month. He said removing the stigma and fear of using marijuana would help. "We would not have to associate with criminals," he said. "We could associate with a pharmacist." But critics said legalizing marijuana, even for limited use, would open the door for people to get addicted to harder drugs and tell the state's youth that drug use is acceptable. "This bill would open the door to major problems with dangerous and toxic drugs," said Ken Fithen, associate director of the Arkansas Faith and Ethics Council. "It's the gateway drug. We're sending a very wrong message to our young people." The committee also noted that changing the law still would not shield people from possible federal prosecution and worried about the burden the program would place on the state Health Department. The bill failed on a voice vote. Lendall made a similar effort two years ago but the bill died in committee. Source: Associated PressPublished: Wednesday, March 12, 2003 Copyright: 2003 Associated Press Related Articles & Web Site:ARDPArkhttp://www.ardpark.org/Group Works To Legalize Medicinal Marijuanahttp://cannabisnews.com/news/thread14303.shtmlLawmaker Plans Push To Legalize Medical Marijuana http://cannabisnews.com/news/thread11753.shtml Home Comment Email Register Recent Comments Help Comment #3 posted by FoM on March 12, 2003 at 22:35:28 PT John Markes Thank you for the report and I hope everything is working out for you. [ Post Comment ] Comment #2 posted by John Markes on March 12, 2003 at 22:24:59 PT Hearing Report Report on March 11 Hearing, Arkansas State Capitol Little Rock, AR: Six patients, eight board members, and numerous supporters began arriving at the Arkansas state capitol around 9 am Tuesday morning in preparation for the 10 am hearing on HB 1321, the Arkansas Medical Marijuana Act, before the House of Representatives Committee on Public Health, Welfare, and Labor. The ‘cardboard cut-out’ team, Susan and Randy, coordinated with the Secretary of State’s office to learn the locations where our cutouts could be displayed. Each of the 10 life-size cutouts featured an identifying prop (apron, necktie, crutches, cane) and held a necklace sign stating their status and explaining why they weren’t there in person. For example: “I’m an oncologist who recommends marijuana to my chemotherapy patients, but I’m afraid to testify at the hearing for fear of losing my license.” Several legislators were involved in friendly discussion as our supporters introduced themselves. The committee room was packed with women in red jackets for the Arkansas Republican Women’s Day at the state capitol. Our patients managed to be seated in the front row after some maneuvering. The committee chair, Rep. Jay Bradford (D-Pine Bluff) convened the meeting at 10 am and led the committee to process non-controversial legislation for the first half hour before turning to HB1321. Rep. Jim Lendall (D-Mabelvale) and Rep. Buddy Blair (D-Ft. Smith), co-sponsors of HB1321, make strong introductory comments before turning the microphone to Denele Campbell, director of programs for the Arkansas Alliance for Medical Marijuana. Ms. Campbell thanked the committee for their consideration of the fundamental question involved in HB1321, which is whether the State of Arkansas shall continue to tolerate laws which allow for the arrest of sick, disabled, and dying people because of their medical use of marijuana. “Actually, we only must address one question in this issue,” Ms. Campbell began, “and that is, Do we wish to arrest sick, disabled, or dying persons who are using marijuana for medical reasons. If you say the answer to that question is “no,” then we can work together in an effort to find a mutually agreeable regulatory framework by which we can avoid such arrests. “If you say ‘yes,’ then I would ask if you want our overcrowded jails to house sick, disabled, and dying people, or if what you really mean is that you don’t believe that sick people really get arrested and therefore this bill is much ado about nothing. Then I would ask, shall we here today sanction a system in which we expect police officers to selectively enforce our state’s laws? Shall we simply hope that some of our most overwhelmed citizens can break the law and get away with it?” Ms. Campbell’s statement described the main features of HB1321 and addressed the recognized points of concern: that it can protect patients from arrest only by local, county, or state law enforcement, not federal law enforcement; that nearly identical programs in Oregon and Hawaii, as well as other states, are functioning successfully; that marijuana and Marinol are not the same drug; and that the U. S. Supreme Court decision in the California patient cooperative litigation only addressed the question of whether medical necessity overruled the Controlled Substances Act. [The justices commented that their ruling was in regard to law prohibiting distribution of marijuana, not the question of possession by the individual patient.] Rep. Jay Martin (D-No Little Rock) repeatedly questioned whether this 'comment' was in fact part of the Court’s ruling; he had on hand a copy of the ruling and his reading of the decision was that it prohibited any use, even personal. Committee members discussed a smorgasbord of concerns with Ms. Campbell over the next forty minutes. Specific arguments were raised about whether the law would cause the state to lose any federal funding, whether the law was ‘illegal’ with the federal government, and other federal-level considerations. Rep. Jim Medley (R-Ft Smith) asked whether Ms. Campbell had brought any federal agents to the hearing to testify that HB1321 would not result in loss of federal funding. She stated that she was confident that no such loss had occurred in any other states where medical marijuana laws have been enacted, and that no such legislation was currently under consideration by Congress. Ms. Campbell, at one point, pointed out that marijuana is not a toxic drug, in that through any known method of ingestion, marijuana consumption has not resulted in death, and that the only way it might be found fatal would be if a bale of it were dropped upon the person in question. An anonymous commentator in the audience or among the legislators questioned what size bale that would be, and Ms. Campbell remarked that probably a round bale would be required. Next the chair recognized the patients, our group of heros who were willing to come forward and speak out about their personal experiences. Stories unfolded – of paralysis, pain, car wrecks, polio, and an ongoing fight with cancer – every brief testimonial a glimpse into a private world where life-and-death is really happening. These are the realities that we are working for with HB1321. The stories were sharp and to the point. Only one opposing testimony signed up to speak, Mr. Larry Fithen of the Arkansas Faith and Ethics Council. Mr. Fithen began citing studies, stories, and other information which more or less summarized every bad thing ever said about marijuana, true or not. Favored in his testimony were the ‘gateway theory,’ kids and drugs, sending the wrong signal, and ‘diversion.’ The committee chair interrupted Mr. Fithen with questions about a particular portion of his testimony. Rep. Jan Judy (D-Fayetteville) asked if a majority of the studies he cited were not in fact funded by pharmaceutical corporations. Mr. Fithen did not know. Rep. Judy also pointed out that his citations had no bearing on the medical use question, since he had not included similar information about the contraindications of the various prescriptions medications which are recommended to patients for the same therapeutic effect as that produced by marijuana. She also queried that if HB1321 were opposed by doctors and law enforcement, as he suggested, why weren’t any of them present to testify against it? The chair then excused Mr. Fithen. Dr. Fay Boozman, Director of the Arkansas Health Department was invited to the table to remark on how HB1321 would impact his agency. Dr. Boozman voiced concerns that start-up costs to administer the program would not be covered by the patient application fees and that additional costs would be unavoidable. He also remarked that his agency would be hard pressed to enforce the provisions of the law in verifying whether patients were abiding by the use and quantity provisions. Dr. Joycelyn Elders came next to the table with a glowing introduction by the chair referring to her esteemed credentials. Dr. Elders addressed questions of medical concern, including the no-lethal-dose-level question, questions of addiction, and marijuana’s efficacy compared to other available medications. She referred to the 1999 Institute of Medicine report which concluded that at the current time, there is no alternative offering the same therapeutic benefit as smoked marijuana for people experiencing the debilitating effects of serious illness such as cancer treatment. Dr. Elders asked the representatives to consider the needs of the people, the patients, in their decision about HB1321. Mr. Rick Ramsey was invited to the table to speak in support of HB1321. He currently serves as Regional Coordinator for the National Association of People with AIDS. According to Mr. Ramsey, if only half of the persons currently with ‘end-stage’ AIDS were to produce their own supply of marijuana to treat wasting syndrome rather than using prescription drugs funded by Medicaid, the state would save $7 million per year in Medicaid expense. Mr. Jerry Citti, board president for the Alliance for Reform of Drug Policy in Arkansas, Inc., summed up the support position for HB 1321 in concluding remarks, that the focus of the committee should be that the State of Arkansas does not want to arrest sick people. He rebutted Dr. Fay Boozman’s remark that the application fees provided for funding this act would not be sufficient to offset agency cost. Mr. Citti pointed out that the health department’s role in this law would be to verify applications and issue identification cards, and that otherwise concerns about other regulations specified in the law would be enforced through the regular duties of current law enforcement activities. Rep. Jan Judy made the motion for a do-pass recommendation. Legislators preferred a voice vote. Rep. Johnny Key (R-Mtn Home) objected to the motion and read a 2001 quote from the American Medical Association critical of any legislation allowing legal access for medical use. No rebuttal opportunity was available. The chair called the vote. Observers acknowledged a predominant voice volume in the negative. Affirmative votes were at least six, by the later reckoning of a conservative committee member, or nine or ten, by other opinion. The motion failed, and the committee meeting adjourned at noon. While many legislators and observers rushed off to lunch, some subsequent discussion among lingering visitors and legislators focused on possible amendments which might be brought in order to secure a favorable vote in a second go-round, which is allowed. Rep. Lendall announced that he will bring the bill up for a second vote within the next week or two, leaving a very narrow time frame for final passage if favorable House action results in Senate hearings. Rep. Judy and Rep. Bill Pritchard (R-Fayetteville) stated their willingness to help Reps. Lendall and Blair develop favorable amendments. The Legislature is expected to take a mid-April recess and reconvene in the fall but it is doubtful that HB1321 would be among the considerations carried to a fall session. We have immediately contacted legislators thanking them for their thorough and thoughtful participation in Tuesday’s hearing, asking of they have suggestions for amendments that would make the bill succeed in this session; and asking if they would tell us how they voted on the bill. Significant effort toward our current progress is due to participation by many people. We really appreciate the participation of literally THOUSANDS of Arkansas people in gathering over 4500 signed postcards and a powerful archive of patient testimonials, and in building and funding the work of a strong (and getting stronger) organization. Many supporters made the additional effort to write personal letters or send emails or phone calls to their representatives, which made a big difference in how some of these legislators approached the bill. We appreciate the coordination and support of national reform organizations. And we appreciate most of all the patients, who are of course disappointed and continuing to struggle through tough times. The hearing Tuesday was a big step forward in our work. Many more supporters and patients were on hand than at a similar hearing in 2001. A significantly greater number of legislators participated in the hearing discussion and voted for the bill, many of them clearly interested in the issue and in learning more about marijuana in general. Many observers felt that up until Rep. Key’s last minute citation from the AMA, the vote would have gone in our favor. Questioning pursued by those representatives who did not favor the bill, including Rep. Jim Medley, Rep. Jay Martin, and Rep. Key, tended to focus on worries about whether Arkansas could pass such a law in the face of the federal position. Opposing concerns also included the quantities allowed, questions regarding the definitions of qualifying ailments, and whether patients in the program would be targeted by thieves (Rep. Scrimshire (D-Malvern). Rep. Sandra Prater (D- part Pulaski, part Faulkner Co) voiced concern that parents would be in control of any dosage given to persons under the age of 18, rather than having the dosage administered by medical professionals. In our judgement, considering comments made and the mood of the questioning, Rep. Judy and Rep. Pritchard and quite possibly others on the committee clearly understand the conflict between the interests of corporate medicine and any advocacy for herbal treatments and patient-directed health care. This is an important consideration that we hope will continue to bear fruit in future reform efforts. Supporters are asked to contact their representatives on the public health committee and thank them for their thoughtful participation in this hearing. If your representative is among those believed to oppose the bill, supporters may wish to engage him/her in a discussion of their concerns. Such a discussion should not, of course, degenerate into hostile language, but rather should be seen as an opportunity to re-direct their attention to the primary question: Should sick people be arrested? -- Denele Campbell, Executive Director Alliance for Reform of Drug Policy in Arkansas, Inc. - ARDPArk, Inc. 1155 West Sixth Street PMB A17 Fayetteville, AR 72701 479-839-2475 * arkdruglawreform mindspring.com * www.ardpark.org Sponsor of the Arkansas Medical Marijuana Campaign http://www.ardpark.org [ Post Comment ] Comment #1 posted by afterburner on March 12, 2003 at 11:21:34 PT: I Know It Is Hard to Keep Up with the Research: Stop. Listen. Cannabis (AKA marijuana) is NOT a gateway."Cannabis does not cause kids to try harder drugs, but lying to them about it does."Mitch Earleywine, Ph.D., is associate professor of psychology at the University of Southern California, and author of "Understanding Marijuana" (Oxford University Press, 2002).Marijuana, Gateways and Circuses http://www.cannabisnews.com/news/15/thread15462.shtmlUnderstanding Marijuana http://oup-usa.org/isbn/0195138937.htmlBook Smokes Out Marijuana Facts, Myths http://cannabisnews.com/news/thread15002.shtmlText of Dr. Mitch Earleywine Interview on NPR http://cannabisnews.com/news/thread14712.shtmlThe Roots of Reefer Madness http://cannabisnews.com/news/thread14653.shtml ego destruction or ego transcendence, that is the question. [ Post Comment ] Post Comment