MEDICAL MARIJUANA STILL ALIVE IN MONTPELIER

MONTPELIER - A bill legalizing marijuana for medicinal purposes emerged
from what many believed was a certain death Wednesday, when Senate leaders
floated a compromise that would provide some legal protections to seriously
ill patients who use the drug.

The announcement breathed some life into a measure that was believed idle
because of staunch opposition from Gov. Howard Dean and a dwindling
legislative session.

That changed Wednesday, when Sen. Richard Sears, D-Bennington, chairman of
the Judiciary Committee, told fellow Democrats that he was considering an
alternative that would create a so-called affirmative defense for seriously
ill patients who use or purchase up to an ounce of the drug. Sears had
openly warned supporters of the measure for weeks now, that he would not
have the time to take testimony on the bill before the session adjourns.

"I would hate to see somebody prosecuted for having a small amount of
marijuana who uses it for treating symptoms of cancer, multiple sclerosis
or AIDS," Sears told the Senate Democratic caucus. "I think this (proposal)
is something, at least in the interim, that would help. Maybe, at some
point we would wind up with the whole bill."

The language Sears and his committee is mulling would provide patients who
are suffering from a debilitating disease and get caught with an ounce of
marijuana or less, a defense in court if they were to be prosecuted. An
affirmative defense does not make it legal. Rather, it would simply arm
patients with a defense they could mount before a judge or jury.

Advocates of the original bill did not immediately embrace Sears'
suggestion, and announced they would articulate their displeasure with how
the Senate has handled the bill at a news conference today.

Rep. David Zuckerman, P-Burlington, the chief sponsor of the original bill
that passed the House earlier this year, had additional reservations about
the compromise.

"What this would do is force patients to go to drug dealers," he said,
referring to the lack of any provision in the Senate language allowing
patients to grow their own marijuana.

Zuckerman also questioned what protections if any, primary caregivers of
bed-ridden patients would have under the compromise.

The House bill permitted the cultivation and use of marijuana by seriously
ill patients as long as they obtained a certificate from their physician.
The measure limited the amount a person could possess to 3 ounces of usable
marijuana, three mature plants or four immature plants.

The bill also established a database of those who obtained permission from
their physicians by requiring the doctors to file a copy of the
certification with the state Department of Public Safety so police could
verify that information.

Supporters of that bill worried the Senate compromise included neither
requirement.

"I'd have to take a hard look at that," said Rep. Margaret Flory,
R-Pittsford, chairwoman of the House Judiciary Committee. "I'm not sure I
could support something that took the doctors out of the loop."

Sears said he would be amenable to some changes to his proposal, including
the possibility of requiring patients to get a doctor's permission in order
to claim an affirmative defense.

The discourse took a decidedly political turn Wednesday when Senate leaders
discovered Progressive Anthony Pollina, a candidate for lieutenant
governor, would be appearing at the conference.

"My understanding of this (proposal) is that it would force these people
suffering from chronic pain to be hauled before a judge," Pollina said
Wednesday. "That seems a little harsh. ... If you're going to give them a
defense, why not allow them to do it?"

In the lieutenant governor's race with Pollina is Republican Brian Dubie,
and the leader of the Senate, President Pro Tem Peter Shumlin, D-Windham.

Shumlin has publicly supported the use of medicinal marijuana for seriously
ill people but is on board with Sears' compromise. Shumlin announced he
would hold his own news conference today, with Sears and Sen. Nancy Chard,
D-Windham, chairwoman of the Health and Welfare Committee.

Sears' proposal has made headway with one important opponent o the
governor, who reportedly has no objection to the new language, according to
his office.

Sears said he and other Senate leaders were somewhat frustrated with the
advocates' reaction, particularly from the HIV coalition.

"This is a group that the Democratic-controlled Senate has done a great
deal for," he said. "It's disappointing."

Sears said he is contemplating the new language because his committee does
not have the time to take testimony on all of the aspects of the House
bill, including the process of cultivating the drug, but there is support
for the concept.

"It's better than nothing," said Sen. James Leddy, D-Chittenden, of the
proposal. "I think it's unfortunate that we apparently don't have the time
to do this. I don't argue that, I don't think an issue like this should go
to the floor without first going through the committee process."

Sears also said he would be uncomfortable passing out a bill without
hearing from law enforcement officials, including the Attorney General's
Office.

Attorney General William Sorrell, who was in the State House Wednesday but
had not known of the compromise, said his primary concern over any medical
marijuana bill centers on the consequences for law enforcement.

Sorrell said he would support a measure if the Legislature found that the
drug served a medical purpose and provided a mechanism so police officer
would not inadvertently break federal law. Sorrell said he worried that
those officers who cite or arrest a person and confiscate the drug would be
forced to return the pot to the patient under state law. But that is a
violation of federal law, he said.

The Senate Judiciary Committee is expected to take a vote on whether to add
the marijuana language to another bill dealing with arrest powers this morning.