courtesy of NORML

November 26, 1996

U.S. Senate To Hold Hearing Regarding Medical Marijuana Initiatives

November 26, 1996, Washington, D.C.: The Senate Judiciary Committee has

scheduled a hearing on Monday, December 2, regarding the potential impact

of and federal response to voter-approved drug reform initiatives in

California and Arizona that endorse the use of marijuana as a medicine.

The committee, headed by vocal medical marijuana opponents Sens. Orrin

Hatch (R-Utah) and Joe Biden (D-Del.), has entitled the hearing: "A

Prescription for Addiction? The Arizona and California Medical Drug Use

Initiatives." Biden and others previously voiced their disapproval over

the notion of medical marijuana at a September 4 hearing regarding

adolescent drug use.

Among those who have reportedly been invited to attend the hearing are

Drug Czar Barry McCaffrey, California Attorney General Dan Lungren,

Orange County Sheriff Brad Gates, Drug Enforcement Administrator Thomas

Constantine, and Maricopa County Prosecutor Rick Romley, all ardent

opponents of the initiatives. Reportedly, neither McCaffrey nor Lungren

is likely to appear because of scheduling conflicts. It is expected that

a physician opposed to medical marijuana will be brought in to testify as

well.

In defense of the initiatives, NORML is currently working with Senate

Judiciary Committee member Edward Kennedy (D-Mass.) to try to get Harvard

Medical Professor, Dr. Lester Grinspoon, scheduled to testify at the

hearing. Grinspoon is a member of NORML's Board of Directors and has

authored numerous books and articles in scientific journals regarding

marijuana's therapeutic value. At this time, the committee has yet to

make a final decision.

Since the initiatives' passage, proponents have speculated as to whether

the federal government will target physicians and patients who comply

with the new state laws. So far, no specific recommendations have come

from the Office of National Drug Control Policy (ONDCP). Both McCaffrey

and the Drug Enforcement Administration have issued statements affirming

that federal law prohibiting cultivation and possession of marijuana

remain in full force despite the states' actions.

The California initiative says that, "Patients or defined caregivers,

who possess or cultivate marijuana for medical treatment recommended by a

physician, are exempt from the general provisions of law which otherwise

prohibit possession or cultivation of marijuana." It further provides

that, "Physicians shall not be punished or denied any right or privilege

for recommending marijuana to a patient for medical purposes." The Act

does not supersede state legislation prohibiting persons from possessing

or cultivating marijuana for non-medical purposes. California voters

approved the measure by a vote of 56 to 44 percent.

Proposition 200 in Arizona, known as the "Drug Medicalization,

Prevention and Control Act," is broader than California's measure and

would essentially "medicalize" Arizona's drug policy. The Act calls for

mandatory, court supervised treatment and probation as an alternative to

incarceration for non-violent drug users and provides expanded drug

treatment programs. It also permits doctors to prescribe controlled

drugs such as marijuana to patients suffering from serious illnesses such

as glaucoma, multiple sclerosis, cancer, and AIDS. Arizonans voted in

favor of the initiative by a vote of 65 to 35 percent.

"The voters of California and Arizona have given a mandate to Washington

to address the issue of access to medical marijuana," said NORML Deputy

Director Allen St. Pierre. "Unfortunately, by limiting the invitees to

mainly law enforcement personnel, it appears that this hearing will be

far from balanced. Hopefully, subsequent hearings will feature broader

points of view and will allow both doctors and patients to testify."

For more information, please contact Allen St. Pierre of NORML @ (202)

483-5500.

-END-

MORE THAN 10 MILLION MARIJUANA ARRESTS SINCE 1965 . . . ANOTHER EVERY

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