(03/23/02) The House approved a bill that allows patients to obtain a prescription from physicians to grow and use the drug marijuana for medicinal purposes. The bill is alleged to protect patients from prosecution as criminals.

Normally when a bill is reported on the floor for action, it’s assumed adequate testimony has been taken on both sides of the issue. In the case of this bill, only one side of the issue presented evidence. The Commissioner of Health didn’t testify, our UVM medical school and research facility wasn’t even notified, and the federal drug administration wasn’t asked to share their view. This was a slam/dunk set up job that desecrates the political process in Montpelier and should be an embarrassment to Vermonters.

I received many mass produced post cards from advocates encouraging me to support medical marijuana. I phoned constituents asking for advise and their opinions varied. Some were ambivalent, others were vehemently opposed and there were advocates who encouraged me to support the bill. One parent whose son progressed from marijuana to other drugs said, “what are we telling our youth”.

One call I made was to the former interim dean of the UVM medical school. He referred me to another colleague who gave me the name of a physician who’s considered an expert and does research in medical marijuana at the University.

He told me all drugs have good properties but there is very weak evidence to show that marijuana is effective. The Federal Drug Administration (FDA) hasn’t approved it and there’s no data to support its legalization for medical purposes.

What is required is a controlled study to see the effects of marijuana. Normally, drugs take years of research and testing to insure they’re safe and effective. Nobody knows the effects of smoking marijuana on ones mind, health and its genetic consequence. His comments convinced me not to support the legalization of medical marijuana.

There is testimony from users that marijuana lessens the effects of pain but it doesn’t remove the cause. There has been no controlled environment testing to support that conclusion but there are plenty of approved drugs that can provide the same results.

Our South Burlington police chief opposed the bill and was concerned about how it was controlled. Who will control the distribution of seeds? Who will be the liaison to purchase the plant with a prescription? Can someone grow it illegally and not be bothered? He also feared it would exacerbate DUI cases which can have devastating consequences.

The bill allows the prescription of marijuana for oncology patients, epilepsy, AIDS, glaucoma, and for pain and suffering. However, pain and suffering can be claimed by anyone to con a prescription from a willing physician. This leads me to believe abuse will occur.

Once in the system, marijuana will be a part of life and that has many implications. Freud believed cocaine was the way out of depression. Before the FDA, marijuana was considered the cure for morphine addiction and look at the effects of cocaine.

I heard testimony this summer from both counselors and youth that marijuana can lead to heavy drug use. It’s a problem in our schools and part of our culture today. Nobody knows the future impact but we do know over 30% of our Vermont youth need help with some form of substance abuse. That’s why I’ve recommended to my appropriations committee to fund more substance abuse counselors for all schools grade 7 and above.

I’m responsible for the mental health section of the state budget. It appalls me to see how fast that budget has escalated. In the past 5 years, it increased 9% a year to $175 million. When I inquire about why the number of mental health cases keeps growing each year, nobody can give me a definitive answer but when I press the issue, respondents allude that our drug culture, which started in the 1960s, appears to be a major cause. Whatever the reason, in the end society pays the price.

It was stated on the floor that our commissioner of health didn’t respond to a request to testify. Well, I had no trouble getting a position from her in writing within two days after my request. She was not in favor of medical marijuana and stated there were too few scientific studies to determine marijuana’s therapeutic utility. Her legal council also wrote “because state laws which interfere with, or are contrary to, the laws of Congress are invalidated by the Supremacy Clause of the US Constitution, the Health Department cannot allow marijuana to be prescribed for medical purposes as long as federal law prohibits such use.”

A provision of the law requires anyone who receives a prescription to grow marijuana to register with the State Police. This file can be confiscated by the federal Drug Enforcement Administration (DEA). Federal law does not make a distinction between medical marijuana and marijuana, and the DEA has a commitment and duty to the public to enforce the law like they did in San Francisco a few weeks ago.

Governor Dean indicated he’d veto the bill if it reaches his desk. The margin of victory in the house assures his veto will be upheld and the bill won’t become law.

Thank you for your calls and notes. I can be reached at 658-3975 (home), 228-2228 (State House) and via e-mail.

Rep. Frank Mazur
South Burlington