cannabisnews.com: Medical Marijuana Draws Fire Medical Marijuana Draws Fire Posted by FoM on February 27, 2001 at 22:06:28 PT By Kathryn A. Wolfe Source: Houston Chronicle A bill that would strengthen defense against prosecution for those using marijuana with a doctor's approval met with resistance Tuesday from some legislators who fear it could lead to completely legalizing the drug. Authored by Reps. Terry Keel, R-Austin, and Juan Hinojosa, D-McAllen, chairman of the House Criminal Jurisprudence Committee, HB 513 would allow those arrested for possessing marijuana to avoid prosecution by proving that they use the drug under a doctor's orders for a "bona fide medical condition." A few lawmakers on the jurisprudence committee expressed concern over the bill's implied method of self-medication -- smoking -- as well as whether the bill would function as a stepping stone to eventually legalizing marijuana in full. "All I think it'll do is just proliferate the use of the drug just like it would any other drug," said Rep. Robert Talton, R-Pasadena. "Anyone can raise that defense, it's an affirmative defense, if they can get a doctor." An affirmative defense shifts the burden of proof from the prosecution to the defense. Keel said the bill would neither legalize marijuana nor remove the criminal penalties for possessing it. "It will establish an affirmative defense, put the burden of truth on the defendant ... that the marijuana was possessed with the direct recommendation of a medical doctor for the treatment of a legitimate illness," Keel said. "This is a very modest step." Keel, who has a background in law enforcement and is a former prosecutor, said he doesn't know any prosecutors who would pursue a case against someone who used the drug to alleviate a serious medical condition. He said the bill would allow doctors to recommend the treatment to patients without fear of reprisal. "They're not going to waste the taxpayer money to prosecute this," Keel said. Some legislators questioned why a synthetic form of marijuana that is available in a pill can't be used instead of essentially providing a defense for those who grow and smoke marijuana under the umbrella of a medical doctor's approval. Dr. Alan Robison, a professor of pharmacology with the University of Texas M.D. Anderson Cancer Center, said his own studies have shown that marijuana is not addictive and has no lethal dose. The drug has been unfairly vilified and classified, he said. He called for the measure to be passed. One doctor testified that a pill can be ineffective, particularly for patients who have nausea as a result of a terminal illness or its treatment. Also, the synthetic dose can be expensive. "For many patients, marijuana is the most effective medicine available," said Dr. Dick Evans. "Sick Texans deserve better treatment than this." Note: House bill would OK patient's use with approval by doctor.Source: Houston Chronicle (TX)Author: Kathryn A. WolfePublished: February 27, 2001Copyright: 2001 Houston ChronicleAddress: Viewpoints Editor, P.O. Box 4260 Houston, Texas 77210-4260Fax: (713) 220-3575Contact: viewpoints chron.comWebsite: http://www.chron.com/Forum: http://www.chron.com/content/hcitalk/index.htmlRelated Article & Web Sites:Texas NORMLhttp://www.normltexas.org/Details on HB513, Texas Medical Marijuana Bill http://www.normltexas.org/HB513.htmSponsors of the Medical Marijuana Bill in Texashttp://www.mpp.org/TX Medical Marijuana To Be Considered By Texas Legislaturehttp://cannabisnews.com/news/thread8381.shtml END SNIP --> Snipped Home Comment Email Register Recent Comments Help Comment #7 posted by Dan B on February 28, 2001 at 11:26:43 PT: Thanks ekim and everyone else I read the article and was glad to know that at least one Texan is allowed to use medicinal marijuana; although, I was not very pleased with the tone of the article (heavily slanted toward prohibition). Thanks for the "heads up." Maybe we can get this guy to testify.I think that eventually even Texas will come around, but especially conservative states like this one will likely require more prodding than other, more open-minded areas of the country. I have, by the way, received letters back from my representatives here in Texas, state and federal, but most simply say I'll keep your concerns in mind as we address this issue in the upcoming legislative session, meaning, Thanks for letting me know how you feel; I'll be sure to ignore your concerns as soon as I get the chance.Hey, at least they're talking about it, right? I mean, that's a good start. And even if it doesn't pass during this session, we can always bring it up until it finally does pass.FoM, you're so right. At least we know where we stand. A month ago, I could not have told you who would support/not support medical marijuana in Texas. A month from now, we'll have voting records on this bill, and everyone will know. It will be interesting to see how the people vote (for or against those who were against medical marijuana) in the next election cycle. Of course, I hope to be out of here by then.Dan B [ Post Comment ] Comment #6 posted by Ethan Russo, MD on February 28, 2001 at 05:48:56 PT: Same Tired Arguments "Anyone can raise that defense, it's an affirmative defense, if they can get a doctor." That ain't so easy, and in many parts of Texas, impossible. This is no reason."Keel, who has a background in law enforcement and is a former prosecutor, said he doesn't know any prosecutors who would pursue a case against someone who used the drug to alleviate a serious medical condition."Sorry, but he's totally wrong. Patients all over the country still are prosecuted. There was a case in Montana of an MS patient cultivating a small amount for medical usage. The judge disallowed a medical necessity defense despite the 9th Circuit ruling, and he got convicted. This does society no good at all. Free the patients! [ Post Comment ] Comment #5 posted by ekim on February 28, 2001 at 05:30:49 PT: Texas has fed. cannibis user Dan please read this artical. US: Medical Marijuana Debates Light UpURL: http://www.mapinc.org/drugnews/v01/n354/a03.htmlNewshawk: allanPubdate: Mon, 26 Feb 2001Source: Advance for Respiratory Care Practitioners (US)Copyright: 2001, Merion Publications, Inc.Contact: venge merion.comAddress: 2900 Horizon Dr., King of Prussia, PA 19406Fax: (610) 278-1425Website: http://www.advanceforrcp.com/Author: Shawn M. Proctor [ Post Comment ] Comment #4 posted by zenarch on February 28, 2001 at 05:25:41 PT I hear ya DanB I'm on the same skiff-of-state as you are and my political reps won't even write back to me on any issue related to drug policy. Chicken Shits! [ Post Comment ] Comment #3 posted by sm247 on February 28, 2001 at 04:14:03 PT Give us liberty or give us a ticket to ride I know exactly how you feel Dan living in a police state myself just to be near my son I wish we could just set the mayflower on another journey for freedom amsterdam bound [ Post Comment ] Comment #2 posted by FoM on February 27, 2001 at 22:36:24 PT That's OK Dan it's ok to not be positive but we must be informed. All the years I knew nothing was going on in a drug war. Then the Internet and we now have the knowledge to argue sensibly and accurately. I'm glad for news even when it's bad because then I know where we stand and I know you feel the same way too. [ Post Comment ] Comment #1 posted by Dan B on February 27, 2001 at 22:26:50 PT: Thanks for the Update, FoM I figured that many (if not the vast majority) of the state congresspeople in Texas would be against this issue. It appears that we will have to educate these deliberately ignorant people one state at a time, as none of them care to research the issue any further than consulting the federal government handbook for rebuffing the notion that sick people should not be imprisoned. (I'm giving them the benefit of the doubt, knowing full well that the vast majority are just jerks--I can think of many other descriptive words--who think nothing of ruining people's lives for profit)I can't write too much more without resorting to numerous expletives. I'm too angry at the people(?) who live in this state. Please God, get me out of here.Anyway, thanks for the update, FoM. I wish I could be more positive.Dan B [ Post Comment ] Post Comment Name: Optional Password: E-Mail: Subject: Comment: [Please refrain from using profanity in your message] Link URL: Link Title: