Minutes of the Hearing held on December 14, 2005 before the Committee on Public Health on HR2742, with regard to reforming the regulation of medical marijuana.

Lead sponsor Representative Frank Smizik and fourteen citizens testified, ten of whom were Mass Cann members. At least a dozen other persons present wore stickers proclaiming support for H. 2742.

Representative Frank Smizik testified that the legislation he proposes is common sense and will save people from suffering.

Whitney Taylor, of the DPFMA, displayed a list of over 1,300 doctors who took the time to respond favorably to a DPFMA questionnaire.

House Chair Rep. Koutoujian (Waltham) expressed concern over the continuing federal prohibition. He mused that at the extreme any state involvement with distributing marijuana might make the state vulnerable to federal prosecution, inspiring visions among those present of Mitt Romney being led off in handicuffs. Ms. Taylor pointed out that so far the only targets of federal prosecution since the decision in _Gonzales v. Raich _ (http://www.norml.org/index.cfm?Group_ID=6550) have been large grower coops in California and that he would be hearing from an attorney who would be testifying later.

Ms. Taylor then introduced Amy (?), an 18 year old, was diagnosed at 13 with Fibromyalgia, a chronic disorder that causes widespread pain and tenderness in the muscles and soft tissue, as well as sleep problems, fatigue, and a variety of other symptoms. She testified how her pain could become so severe as to disrupt her ability to pay attention at school as she suppressed her desire to scream in agony. She testified that despite trying several medications she had never found anything to take the edge off the pain until she found marijuana.

Member Scott Mortimer explained his use of MM in the context of his condition, degenerative disk disease. He pointed out that after the Raich decision both Oregon and CA suspended their MM programs, but after reflecting for a couple of weeks the programs were resumed, suggesting that neither state's Attorney General's worried much about being carted off to prison.

Member Shaun Herdegen, a combat medic in the US Army for several years, recounted how he came down with Crohn's disease, an auto-immune disease that causes inflammation or ulceration of the digestive tract with symptoms of incontinence and high levels of abdominal pain. He testified that for two years he wasn't able to leave his house for fear of incontinence and pain. Then he found marijuana and that substance has allowed him to hold a full-time job and have a family of three kids. He said prohibition made many difficulties but one of the worst was knowing that he was considered a criminal by the society he had defended when he was in the Service.

Member Marcy Duda said she had surgery to remove five intracranial aneurysms, the result of which were loss of the sense of smell and taste and incapacitating headaches. She is prescribed oxycontin but finds it debilitating and addictive. Marijuana was the only thing that helped, except that because of prohibition she had to worry about losing everything -- she had four kids and owned her own house. Prohibition put all that at risk, so she uses Marinol to treat her nausea, but finds it less effective than herb in treating her headaches.

Members Brian Fitzgerald and Ken Trainer testified about the importance of marijuana in the context of multiple sclerosis . Ken said he had been plagued with tremors before finding marijuana, which relaxed the tremors and allowed him to get a good night's sleep. However, now he has to worry about being evicted from his rent-subsidized apartment.

Member Mitch Fava submitted Administrative Law Judge Young's 1988 decision and a short bibliography of relevant studies and reports.

A PhD in microbiology specializing in cancer research and a victim of Hodgkin's Lymphoma testified that he was currently in chemotherapy, and suffering from nausea and vomiting. He had tried various medications, but they left him depressed and unable to concentrate. He said he supported the bill both because of his fear of prosecution and his fear of being exposed to low quality product on the black market.

Director Bill Downing testified that as the person who answers the Mass Cann phone he weekly calls from people with serious illnesses and in severe pain, begging for help, but under current legislation there is nothing that can be done for them.

Member Robert McGrail testified about the importance of MM in the context of post-traumatic stress disorder and the research being conducted in Israel into cannabinoids as part of treatment.

The Senate Chair, Susan Fargo, observed that PTSD was an especially important issue, given all the returning veterans.

Member Cary Cox testified he was diagnosed in 1985 as being HIV positive. He did not want to take and has not taken the anti-viral cocktails typically used to treat HIV believing marijuana was all that was keeping the virus at bay. He described watching his wife die of cancer, vomiting through chemotherapy and refusing, on religious conscience, to use marijuana.

Member John Madfis described how his son, who lost his colon to ulcerative colitis used marijuana to alleviate his pain and disrupted digestion.

Steve Epstein introduced himself as a founder and Treasurer of the Massachusetts Cannabis Reform Coalition. He continued the theme in the testimony of medical marijuana users reducing use of other medications and the lower per-dose cost of marijuana means that pharmaceutical becomes more efficient and expenses decline. He was able to put real numbers to the issue by comparing the written testimony of a hemopheliac who received HIV and Hepatitis from blood transfusions in the 80's who is lucky his private prescription insurance pays for his Marinol at over $1,000 per month while he has battled Mass Health for cutting off payments for Marinol, noting that in the later person's case the marinol is being supplied free by the manufacturer. Both persons would benefit more from marijuana which can be grown for pennies.

He explained that that nothing in the Raich decision changed what state governments can or cannot do with respect to their marijuana policy.

He emphasized how H 2742, by limiting the quantity to 4 ounces of bud and no more than 10 plants, four of which may be mature, is crafted to keep usage confined to medical purposes. Noting that if it has a defect it is that registration is not anonymous as with the purchase of the state's controlled substances tax stamps.

Eleven years ago the state passed a medical marijuana law that depended on the federal government for its supply. Ever since the Commonwealth has been waiting for the federals to loosen their control of marijuana. Professor Craker of U-Mass is battling the DEA for the privilege to grow for research and that the feds have made it clear they have no intention of doing so.

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