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New York – Legislation proposed to legalize medical marijuana

03 February, 23:21, by admin Tags:

Medical marijuana may be coming to New York soon.

A bill to legalize the possession and use of the drug was recently proposed by New York State Assemblyman Richard Gottfried and is being pushed by supporters of legalization.

The bill stipulates that distribution will only be allowed by licensed entities under the supervision of the New York State Department of Health and will be limited to two and a half ounces.

Despite these measures, opponents claim the bill would send the wrong message to the public.

“There is nothing medicinal in marijuana,” Shaun Marie of the New York Conservative Party said.

But according to the Marijuana Policy Project, medical marijuana can relieve symptoms such as nausea, muscle spasms, appetite loss and pain associated with many illnesses. The group stressed that this bill is not about the recreational smoker.

“It’s about chronically ill patients being allowed to use the medicine that they feel works best for them without having to fear being arrested or being thrown into jail,” Marijuana Policy Project spokesman Kurt Gardinier said.

Citing that “the benefits of medicinal marijuana have been supported by clinical research,” the New York State Nurses Association said “prescribers should have all drugs demonstrating any potential clinically effective results available for their use.”

But Marie does not believe that any medical need merits legalization.

“What illness is that critical?” Marie said. He also said the bill will “send the wrong message and make it more available in the streets.”

Marie cited California, where patients were given the right to cultivate marijuana collectively for medicinal use, as an example of how legalizing medical marijuana can go awry.

Gardinier cited official state government surveys of teen drug use that found that no state with a medical marijuana law experienced an increase in youth marijuana use since the law’s enactment.

“In fact, all medical marijuana states have reported overall decreases, many exceeding 50 percent in some age groups,” Gardinier said.

Some health care officials say the perception of marijuana has indeed changed since the legalization of medical marijuana has been discussed.

“Since medical marijuana has become a part of public discussion, deflecting many of the myths surrounding the dangers of marijuana [has occurred],” said Cindy Boester, director of health information management at the NYU Clinical Cancer Center.

Supporters of the bill hope it will pass through the New York legislature this year and be signed into law.

“In the past, New York has had a great record of being on the leading edge of public health issues, so I am cautiously hopeful,” Boester said.

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Medical marijuana is legal in 14 states; why not New York?

03 February, 23:11, by admin Tags: , ,

It makes no sense whatsoever to treat cancer patients and other chronically ill folks as criminals for trying to ease their debilitating pain or nausea.

But that’s just what New York has been doing by refusing to allow its sickest residents to use marijuana under a doctor’s supervision. For many, prescription painkillers or other medicines fail to help. Only marijuana is effective. Denying them that level of comfort is nothing less than cruel.

Fourteen states have legalized medical marijuana use for qualified patients since 1996. The most recent, on Jan. 18, was New Jersey; that state’s law takes effect in six months.

In New York, a bill in the Legislature would bring the state in line with the other 14. But lawmakers have considered seven versions of the current legislation since the 1997-98 session. In 2007-08, the proposal died in the Senate, then controlled by Republicans. The fate of this year’s bill remains to be seen.

The bill is modeled after Rhode Island’s medical marijuana law, though there are some differences. For example, patients in Rhode Island can legally possess 2.5 ounces of marijuana and 12 marijuana plants that must be stored indoors. New York’s bill also allows 2.5 ounces but leaves out plants — an approach that appears to be better suited to prevent the wrong people from getting their hands on the controlled substance.

Both states would allow children to use medical marijuana, but Rhode Island’s law seems to afford more protection for sick kids. In Rhode Island, a medical practitioner must explain the potential risks and benefits of marijuana to the child and to a parent or guardian. The parent or guardian also must consent in writing to allow the child’s medical use of marijuana, serve as one of the child’s primary caregivers and control the acquisition, dosage and frequency of the youngster’s marijuana use.

New York’s bill requires only that a parent, guardian or someone designated by the parent or guardian be the caregiver. There is no informed consent clause in the bill, although the medical practitioner must give a copy of his or her certification for marijuana use to the patient. The bill needs some retooling to better inform kids and their parents of what they’re getting into.

In the meantime, marijuana use and possession remain illegal for everyone in New York. Possessing 2.5 ounces, as the bill would allow patients to do, is a misdemeanor punishable by a year in jail and a $1,000 fine.

Seriously ill people, for whom marijuana is the only thing that will relieve their symptoms, have an unenviable choice: break the law or continue to suffer.

It’s time for lawmakers to show some compassion by making medical marijuana legal.

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New York State – Medical Marijuana Supporters Wonder if Time Has Come

30 January, 14:07, by admin Tags: ,

New Jersey added a new herb to its state garden last Tuesday when Gov. Jon S. Corzine signed the New Jersey Compassionate Use Medical Marijuana Act on his last day in office.

But though 14 states have now legalized medical marijuana, New York, which has relatively liberal possession laws and actually passed a medical-marijuana law in 1980 but never put it to use, remains forbidden ground for those who seek to relieve their symptoms with cannabis. This year, however, supporters of medical marijuana in Albany and elsewhere hope to harness what they see as growing momentum.

Assemblyman Richard N. Gottfried of Manhattan, the Health Committee chairman and a nearly annual sponsor of medical marijuana legislation, said that he hoped this year’s bill would reach the floor in the next few weeks and that both houses would pass it by March, before they get tied up with the state budget.

An almost identical bill has been proposed in the Senate, sponsored by Thomas K. Duane, the Senate Health Committee chairman. Each bill would allow the use of marijuana to “treat a serious illness under medical supervision,” such as cancer, arthritis or H.I.V./AIDS.

“I think that the main obstacle over the years has been the fear of many in public life to touch anything with drugs,” Mr. Gottfried said. “But I think the climate around the states has changed.” He referred to the new laws in a handful of states, as well as to the reversal in longstanding federal policy in October, when the Justice Department stopped pursuing and prosecuting users or providers of medical marijuana who were complying with state laws.

“What is often surprising is that people tend to assume it’s a controversial bill, and that’s been an obstacle,” Mr. Gottfried said. “But other than the state Conservative Party, there has been little to no resistance. Even public opinion polls show overwhelming support.”

Scott Reif, a spokesman for the Senate majority leader, Dean G. Skelos, said that the issue had not come up recently and had not on been on the Senate’s radar. Several Republican senators have quietly expressed support for medical marijuana, said Gabriel Sayegh, a project director for the Drug Policy Alliance Network, which works to promote medical marijuana laws.

Michael R. Long, the chairman of New York State’s Conservative Party, said that while he was not currently working with any organizations to block the bill, he firmly believed that passing the legislation would send the wrong signal to young people, especially in the face of the antismoking campaigns and taxes on sugared drinks.

“And especially when there is no medical proof that marijuana assists anyone anyway,” Mr. Long said. “It would open the floodgates for misuse.”

In 1980, the Legislature and Gov. Hugh L. Carey enacted a medical marijuana law in New York. But the law required that a state review board be set up to rule on doctors’ requests to prescribe marijuana, and one was never appointed.

In this century, medical marijuana bills have been introduced several times. Two passed the Assembly with bipartisan support, but stalled in the Senate. Last year’s version was derailed during the Senate stalemate in Albany in June.

Some Republicans who favor legalizing marijuana for medical purposes are against the idea of allowing patients and caregivers to grow their own, according to the Marijuana Policy Project.

Others have looked with concern at California, where the state has had difficulties restricting the sale and cultivation of marijuana after its law was passed in 1996. There, local governments have had to step in because of public safety issues, as well as unintended effects that some say have a provided legal shield for commercial growers. Tuesday, the Los Angeles City Council moved to shutter most of the city’s thousand-plus marijuana dispensaries.

To make the law more palatable to skeptics, Mr. Gottfried said, this year’s legislation allows registered patients to obtain at most only most 2.5 ounces of the drug from state-licensed entities, which would be overseen by the state’s Department of Health.

While Gov. David A. Paterson has not announced his position on the bill, he made his views on the issue known in a Rolling Stone article last year. “Our society is odd because we have this contempt for marijuana smoking,” he said. “Meanwhile, people have access to pharmaceutical products that are just destroying them.”

Other supporters of medical marijuana in New York include the Medical Society of the State of New York, the New York State Nurse’s Association, the Hospice and Palliative Care Association of New York, the StateWide Senior Action Council and Gay Men’s Health Crisis.

“If New York doesn’t pass medical marijuana legislation,” said Mr. Sayegh of the Drug Policy Alliance Network, “it has everything to do with the dysfunction in Albany.”

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