House passes medical marijuana bill

HARTFORD -- The House of Representatives on Wednesday night voted 96-51 to allow the growing and dispensing of marijuana for state residents with debilitating conditions and diseases.

The vote came after a seven-hour debate that started shortly after 4 p.m., with 17 Republicans voting yes and 17 Democrats voting against the legislation in the House, which Democrats control by 99-52.

The bill next goes to the Senate.

Republicans who voted in favor of the bill included Rep. Fred Camillo and Rep. Livvy Floren, of Greenwich, Rep. DebraLee Hovey, of Monroe, Rep. Laura R. Hoydick, of Stratford, Rep. David Labriola, of Oxford, and Rep. T.R. Rowe, of Trumbull.

Rep. Gerald M. Fox III, D-Stamford, co-chairman of the Judiciary Committee, introduced the legislation, stressing to lawmakers that its use would be restricted to people at least 18 years of age diagnosed with painful, chronic conditions.

He said that testimony in recent public hearings indicated that smoking the drug gives them something they cannot get from traditional pharmaceuticals.

"What they have told us as a committee is that the best relief they get for their pain, the best relief that they have been able to achieve for their respective illnesses, is the use of marijuana," Fox said. "Marijuana is something that has worked for them. It has been the only thing that can relieve their pain."

But House Minority Leader Lawrence M. Cafero, Jr., R-Norwalk, charged that there are weaknesses in the legislation, which would prohibit discrimination against patients with marijuana privileges.

Cafero said the potential for abuse is obvious and warned that it would put schools and universities in the position of having to condone marijuana smoking on their campuses

"They're either breaking the law or discriminating and it's not clear," Cafero said in the first hour of debate, which began shortly after 4. "Ladies and gentlemen, there is so much that's not clear here."

Fox said that inmates in state prisons would not be eligible for marijuana.

Rep. Linda M. Gentile, D-Ansonia, recalled that her sister-in-law and mother died painful deaths within eight months of each other in 2001 and she would have done anything to alleviate their struggles.

"Let us show compassion for patients and their families and their caregivers," she said. "Let us do what we can to lighten their burden in these very, very difficult times and lessen their pain and suffering."

Republicans charged that the legislation would be a clear violation of federal law and sets up a framework for its widespread use for people without medical certification.

"We don't know if it's going to help people," said Rep. Themis Klarides, R-Derby.

Fox said that while the U.S. Justice Department has warned the state that the bill would fly in the face of federal law, he said that as a general rule, they would not prosecute people with certificates signed by doctors attesting to their medical conditions.

If approved, the state would join 16 others and the District of Columbia where marijuana is legal for medical use. The legislation would allow use of marijuana, usually the smoking or inhalation of vapors from dried marijuana flowers.

The bill is limited to patients with cancer, glaucoma, HIV, AIDS, Parkinson's disease, multiple sclerosis, spinal cord injuries, epilepsy, malnutrition, wasting syndrome, Crohn's disease and post traumatic stress disorder.

Under the law, the state Department of Consumer Protection would be able to determine other eligible diseases and conditions in the future. Proponents of the bill said it has been written to avoid the problems encountered in states such as California and Colorado, where the use of the drug has proliferated beyond medical use into the general populace.

"I don't want Connecticut to end up like California," said Rep. Brenda L., Kupchick, R-Fairfield. "People are getting marijuana for a hangnail." Rep. Lawrence G. Miller, R-Stratford, agreed. "Just like California, we're going to end up in a big fiasco," he said.

"There would be a written certification that would be required to be received from a physician, who would then enable a qualified patient to obtain marijuana for the purposes of their medical care," Fox said. A primary caregiver could also give marijuana to the patient.

There would be three to 10 producers that would pay $25,000 fees to grow marijuana and send it to dispensaries, run by licensed pharmacists.

Gov. Dannel P. Malloy on Wednesday told reporters that if the bill passes the Legislature, he'll let it become law.

kdixon@ctpost.com; 860-549-4670; twitter.com/#!/KenDixonCT