Panel votes to expand eligibility for medical marijuana

HARTFORD — Opponents of the state’s four-year-old medical marijuana program nearly derailed new regulations aimed at adding patients to the program on Tuesday, but after removing one of seven new ailments, they fell short of the outright rejection the expansion.

The 8-5 vote, however, means that patients with Sickle Cell disease, failed back surgery, severe psoriasis, Amyotrophic lateral sclerosis, ulcerative colitis and complex regional pain syndrome are now eligible for obtaining two-and-a-half ounces of medical marijuana per month from the one of the state’s six dispensaries.

Sen. Kevin D. Witkos, R-Canton, was the swing vote in adopting the new regulations, after he sided with lawmakers who succeeded in removing Fabry disease, a rare genetic disorder that causes pain in extremities and kidney failure. A move to cut another ailment failed 6-7.

The committee vote, which needs no further legislative action, culminated a 90-minute hand-wringing meeting in which Rep. Tom O’Dea led opposition of the ailment expansion, charging that since there are only five members on the Board of Physicians, which recommended the new afflictions to Consumer Protection Commissioner Jonathan Harris, the panel fails because it does not have to eight members planned in the state’s landmark 2012 enabling legislation.

“I’m troubled by that,” said Rep. Terrie Wood, R-Darien, who also voted against the inclusion of Fabry disease, but voted for the overall expansion of the program. “You don’t have consensus here,” said O’Dea, who cited nearly year-old minutes of the Board of Physicians in his attempt to derail the regulations. The regulations had been vetted over the last year by lawyers including the state Attorney General’s office.

The committee, which is required to act on the appropriateness of state regulations, essentially turned the meeting into an informational forum featuring Harris and Deputy Commissioner Michelle Seagull. Opponents charged that Harris might not have been allowed to act on diseases that did not win approval from a majority of the physicians panel. Fabry disease had been okayed by Harris after a 2-2 tie vote on the doctors’ board, following a public hearing on the proposal.

“I’m concerned that this is just going to be a gateway for using opioids,” said Rep. Vincent J. Candlora, R-North Brandford, who led a failed attempt to remove complex regional pain syndrome from the list. Harris replied that in fact, medical cannabis is emerging as a way to treat pain without the use of prescription medication that has been resulting in the state’s growing opioid and heroin abuse.

Those who voted against the expansion included O’Dea, Sen. Gayle S. Slossberg, D-Milford, Sen. Paul Doyle, D-Wethersfield, Rep. Arthur J. O’Neill, R-Southbury and Candleora.

kdixon@ctpost.com;