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FOR MEDICINAL PURPOSES
PROVIDENCE -- Bills to allow seriously ill patients to use marijuana
for medicine and to take guns away from domestic abusers who are
subject to restraining orders both easily passed the Senate Judiciary
Committee on Thursday.
The so-called "Homicide Prevention Act" was voted out of committee
unanimously and the medical marijuana bill was sent to the Senate
floor on a 9-2 vote.
Under the medical marijuana bill, sponsored by Sen. Rhoda Perry,
patients with chronic or debilitating diseases like cancer, glaucoma,
AIDS and multiple sclerosis would be allowed to have 2.5 ounces of
useable marijuana or 12 marijuana plants without the risk of arrest or
prosecution. Two primary caregivers for each patient would also be
exempt.
A licensed physician must diagnose the patient as having a
debilitating medical condition.
The issue has prompted intense, passionate and often very personal
testimony before committees of the House and Senate, and supporters
say that with 50 co-sponsors in the 75-member House of
Representatives, the bill has a better chance of passage than it has
in several previous tries.
The Senate committee made five changes to Perry's bill Thursday,
changes Perry said will probably be reflected in a similar House bill
sponsored by Rep. Thomas Slater that is currently before the House
Health, Education and Welfare Committee.
Among the changes to the bill is one that would increase the minimum
age of a primary caregiver -- someone who has agreed to assist with
the patient's marijuana use.
Also, the Department of Health would have 30 days, increased from 20
in the original bill, to issue a registry identification card after a
patient submits an application. The applications and other information
provided by patients to obtain the registry cards would be considered
confidential.
Certain nonprofit organizations that take care of sick and dying
people -- such as Cumberland's House of Compassion or Providence's
Sunrise House -- could be certified as caregivers under a new amendment.
Sen. Michael Damiani of East Providence objected to a provision that
would subject local and state police to suspension or firing if he or
she "knowingly cooperates with federal law enforcement agents to
arrest, investigate, prosecute or search a registered patient or caregiver."
"Are we trying to fire cops?" Damiani demanded.
That language was stricken from the legislation after Senate Majority
Leader Teresa Paiva Weed said it was "not a critical part of the bill."
Damiani had other concerns as well. "Have we determined where the
marijuana is going to come from?" he asked.
"The seeds or product will be obtained from a source that is not
legal," Perry conceded.
Damiani voted in favor of the bill despite saying he had qualms about
"enhancing the business operation of the neighborhood drug dealer."
Sens. Leonidas Raptakis, a Democrat, and Leo Blais, a Republican, both
of Coventry, voted against passage.
The bill allowing judges to order that persons against whom
restraining orders are issued surrender their firearms won its first
victory of the year in Senate Judiciary, the committee where it
suffered a sudden and unexpected death on the last day of the General
Assembly session last year. It passed on a unanimous voice vote.
"Last year, there was a lack of dialogue regarding this bill," said
Sen. Damiani, one of the senators who voted to defeat the measure last
year. "This year there was a complete dialogue and a piece of
legislation that was flawed became a piece of legislation that all
parties can live with. I'm happy with this piece of
legislation."
"It's a great day!" exulted Sen. Maryellen Goodwin, prime sponsor of
the Senate bill.
Referring to the unanimous vote with which the bill passed the
committee, Sen. Goodwin said she expects "almost the same result" on
the Senate floor.
The House could be another matter, however, but Sen. Goodwin said she
remains cautiously optimistic that a companion bill, sponsored by
Pawtucket Rep. Elaine Coderre and currently before the House Health,
Education and Welfare Committee, will fare as well.
"Today's vote sends a strong message to victims that their lives do,
indeed, matter." said Zulma Garcia, policy director of the Rhode
Island Coalition Against Domestic Violence. "This legislation will
save lives."