[Vision2020] Tom Trail's comments on medical marijuana

Thu Mar 31 17:31:47 PDT 2011

Too bad it is sensible legislation, that means it has a snowball's chance in Hell of making it through this Legislature. Perhaps if he added an amendment gutting education or Medicaid it would sail through the Idaho House and Senate like a bad idea through the Bush Administration. 

Donovan Arnold

--- On Thu, 3/31/11, Bill London <london at moscow.com> wrote:

From: Bill London <london at moscow.com>
Subject: [Vision2020] Tom Trail's comments on medical marijuana
To: "vision2020" <vision2020 at moscow.com>
Date: Thursday, March 31, 2011, 3:27 PM

Tom Trail introduced his medical marijuana bill to House committee yesterday with comments below that summarize his legislation.
My thanks to Tom for his support of this sensible plan.
BL

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                         HB 19 MEDICAL MARIJUANA
         (COMMENTS MADE BY REP. TRAIL TO THE HOUSE HEALTH
              AND WELFARE COMMITTEE MARCH 30/2011

MR. CHAIRMAN AND COMMITTEE MEMBERS—I WANT TO THANK
CHAIRMAN MCGEACHIN FOR THE OPPORTUNITY FOR REP. LACEY
AND I TO SPEAK TO YOUR COMMITTEE IN AN INFORMATIONAL
PRESENTATION FORMAT.    BOTH OF US WILL SPEAK BRIEFLY TO
THE PROPOSED LEGISLATION, AND THE WITHIN THE CONTEXT
OF THE INFORMATIONAL PRESENTATION FORMAT WE HAVE
INVITED SPECIFIC IDAHO CITIZENS TO TESTIFY. ACCORDING TO
OUR AGREEMENT THERE WILL BE NO OTHER TESTIMONY TAKEN.

WE ARE PROPOSING HB19 AS A MEASURE THAT WOULD MAKE
IDAHO THE 15TH STATE IN THE NATION TO LEGALIZE THE USE OF
MARIJUANA TO HELP PATIENTS WITH CHRONIC ILLNESSES.  THE
MEASURE WOULD ALLOW PATIENTS DIAGNOSED WITH SEVERE
ILLNESSES LIKE CANCER, AIDS, LOU GEHRIG’S DISEASE, AND M.S.
GLAUCOMA AND MUSCULAR DYSTROPHY WITH A DOCTOR’S
RECOMMENDATION TO HAVE ACCESS TO MARIJUANA GROWN
AND DISTRIBUTED THROUGH STATE MONITORED DISPENSARIES.

AS STATED BY CONGRESSMAN AND PHYSICIAN RON PAUL,
WE HOLD TO THE RIGHT OF THE DOCTOR-PATIENT RELATIONSHIP
IN MAKING THE DECISION TO USE MEDICAL MARIJUANA RATHER
THAN THE FEDERAL GOVERNMENT AND LAW ENFORCEMENT.
HB 19 INCLUDES ADEQUATE STATE REGULATION OF THE PROGRAM AND SAFEGUARDS TO ENSURE THAT THE PROPOSED MEDICAL MARIJUANA PROGRAM IS NOT ABUSED. CONGRESSMAN RON PAUL NOTES THAT IT IS THE RIGHT OF THE STATE TO DETERMINE WHETHER OR NOT MEDICAL MARIJUANA IS LEGALIZED, AND THUS IT BECOMES A STATES RIGHTS ISSUE AS NOTED UNDER THE 10TH AMENDMENT.

(2)

IT IS INTERESTING TO NOTE THAT GLEN BECK SUPPORTS THE
LEGALIZATION OF MEDICAL MARIJUANA AS WELL.

THE PROPOSED LEGISLATION WOULD BE THE MOST RESTRICTIVE
MEDICAL MARIJUANA LAW IN THE NATION BECAUSE IT WOULD
PERMIT DOCTORS TO PRESCRIBE IT FOR ONLY A SET LIST OF
CHRONIC ILLNESSES.  THE LAW WOULD ALSO FORBIDE PATIENTS
 FROM GROWING THEIR OWN MARIJUANA AND USING IT IN
PUBLIC.  THIS ADVICE WAS PROVIDED BY SHERIFF WAYNE RAUSCH,
FOR PRESIDENT OF THE IDAHO SHERIFF’S ASSOCIATION.   THE
LEGISLATION WOULD ALSO REGULATE THE DRUG UNDER STRICT
CONDITIONS USED TO TRACK THE DISTRIBUTION OF MEDICALLY
PRESCRIBED OPIATES LIKE OXYCONTIN AND MORPHINE.   PATIENTS
WOULD BE LIMITED TO TWO OUNCES OF MARIJUANA PER EVERY
28 DAYS.

I’D LIKE TO MENTION THAT THE STATE’S THAT HAVE HAD THE
MOST SUCCESS WITH THEIR MEDICAL MARIJUANA PROGRAMS HAVE
GONE THROUGH THE LEGISLATIVE PROCESS WHERE ALL OF THE
STAKEHOLDERS HAVE BEEN INVOLVED. THE LEGALIZATION OF
MEDICAL MARIJUANA VIA THE INITIATIVE PROCESSES HAS PRODUCED
MANY PROBLEMS THAT COULD HAVE BEEN AVOIDED BY GOING
THE LEGISLATIVE ROUTE.   MARYLAND IS ONE SUCH STATE. IN 2003
A BIPARTISAN EFFORT LEAD BY ASSEMBLEMAN DON MURPHY-
REPUBLICAN MOVE THEIR BILL TO PASSAGE.   TWO MONTHS AGO
THE MARYLAND ASSEMBLY REAFFIRMED THE DEFENSE OF MEDICAL
MARIJUANA ACT—85% VOTE REPUBLICANS AND 87% DEMOCRATS.
THIS BILL WAS SIGNED BY A REPUBLICAN GOVERNOR. I WAS APPROACHED SEVERAL YEARS AGO BY SEVERAL CONSTITUENTS WHO SUFFERED BRAIN CANCER, M.S. AND LOU GERHIG’S DISEASE.   THEY RECEIVED A RECOMMENDATION FROM MY WIFE’S FAMILY DOCTOR 
(3)

IN MOSCOW BUT THEY WENT TO WASHINGTON STATE FOR THEIR LEGAL MEDICAL MARIJUANA.

WE HAVE THE CASE IN ONTARIO WHERE THERE IS A ALTERNATIVE
DISPENSARY.  THE OPERATOR OF THE DISPENSARY REPORTS
THAT WITHIN THE PAST SIX MONTHS MORE THAN (300) IDAHO FAMILIES HAVE MOVE TO THE ONTARIO AREA SO THAT A CRITICAL
ILL MEMBER OF THE FAMILY CAN LEGALLY OBTAIN MEDICAL
MARIJUANA FOR THEIR PAIN.   IF THEY COME BACK INTO IDAHO
THEY ARE SUBJECT TO THE LAWS OF OUR STATE AND LIVE IN
THE SHADOWS OF FEAR.

RESEARCH CARRIED OUT IN CANADA VIA A DOUBLE BLIND
STUDY CLEARLY INDICATES THAT MEDICAL MARIJUANA COMPARED
TO OTHER MEDICATIONS, I. E. OXYCODON, ETC. WAS SUPERIOR
IN REDUCING PAIN.  WE MUST REMEMBER THAT MEDICAL
MARIJUANA WAS LEGAL IN THE U.S. UP THROUGH THE EARLY 70’S
UNTIL DEA DECLARED IT TO BE AN ILLEGAL DRUG. THERE IS CONTROVERSY AND DISAGREEMENT AROUND THE MEDICAL PROFESSION IN IDAHO AND OTHER STATES ABOUT THE EFFECTIVENESS OF MEDICAL MARIJUANA.   DR. BOUGHTON, MY
WIFE’S DOCTOR, NOTES THAT SHE HAS HAD SEVERAL PATIENTS
WITH MEDICAL MARIJUANA.   SHE NOTES THAT THERE IS THE OPTION
OF MARICOL WHICH IS LEGAL BUT VERY EXPENSIVE AND DIFFICULT
TO TIRATE TO EFFECT SINCE ONCE THE PATIENT TAKES IT THE EFFECT
ISN’T FELT FOR AWHILE.   SMOKING IS MORE APPROPRIATE FOR
PATIENTS WHO HAVE TROUBLE TAKING ORAL MEDICATIONS.  
MARIJUANA IS PARTICUARLY EFFECTIVE FOR ALLOWING PATIENTS 
TO REDUCE THEIR INTAKE OF OPIATE MEDICATIONS.  ALTHOUGH
THERE MAY BE SOME HEALTH RISKS ASSOCIATED WITH IT, OPIATE
(4)

SIDE EFFECTS OF NAUSEA AND VOMITING AND SOMETIMES LIFE
THREATENING CONSTIPATION IS NOT AMONG THEM.   THE OPTIATE
LIKE OXYCODON, MORPHINE, ETC. ARE TOXIC, EXPENSIVE, AND
TERRIBLY ADDICTIVE AND MANY TIMES MORE EXPENSE MEDICATIONS HAVE TO BE USED TO CURE THE SIDE EFFECTS OF THE OPIATES.

IN MOST STATES BEFORE LEGALIZATION, LAW ENFORCEMENT
HAS OPPOSED LEGALIZATION OF MEDICAL MARIJUANA.  HOWEVER
THE DATA FROM MANY STATES CLEARLY SHOWS FROM LAW
ENFORCEMENT STATISTICS THAT THERE IS NO NEGATIVE IMPACT
TO THE CRIME RATE BECAUSE OF ITS LEGALIZATION.

A RECENT STUDY OF ALL 14 STATES WHERE IT IS LEGAL,
INDICATES THAT WHEN CONSIDERING MIDDEL AND HIGH SCHOOL
STUDENTS THAT MARIJUANA USE ACTUALLY WENT DOWN IN
11 OF THE STATES, FLAT IN TWO STATES, AND IN ONE STATE WENT
UP SLIGHTLY.

THE IDAHO STATE ATTORNEY GENERAL’S OPINION INDICATED
THAT THE PROPOSED IDAHO COMPASSIONATE USE OF MEDICAL
MARIJUANA ACT AS PRESENTED DOES NOT APPEAR TO CONTAIN
ANY PROVISIONS THAT ARE UNCONSTITUTIONAL OR OTHERWISE
ILLEGAL.  THEREFORE, THE QUESTION OF WHETHER THE ACT SHOULD
BE ENACTED INTO LAW IS A MATTER OF POLICY.

UNDER THE PROPOSED LEGISLATION,   THE DEPARTMENT
OF HEALTH AND WELFARE WOULD BE IN CHARGE.    A SMALL NUMBER BUT WELL LOCATED DISPENSARIES WOULD BE APPROVED BY THE DEPARTMENT.  ALL OPERATORS OF THE DISPENSARIES WOULD  GO THROUGH CRIMINAL CHECKS AS WELL AS ALL WORKERS
(5)

PATIENTS OR CARE GIVERS WOULD ALL HAVE TO GO THROUGH
CRIMINAL CHECKS AND NO ONE WITH A DRUG RELATED CHARGE
COULD PARTICIPATE IN THE PROGRAM.

 I TALKED WITH DIRECTOR ARMSTRONG ABOUT THE PROGRAM.
HE INDICATED THAT IF THE LEGISLATION PASSED HE FELT THE
DEPARTMENT COULD CARRY OUT THE MANDATE.   HE ALSO
INDICATED THAT THERE COULD BE SOME SAVINGS IN MEDICAL
COSTS FOR PATIENTS/MEDICAID ETC. UNDER DEPARTMENTAL
PROGRAMS WHEN COMPARING THE COST TO HIGHER PRICED
OPIATES.

 I’VE INCLUDED IN YOUR PACKET A SURVEY OF THE WAY STATES
HANDLE THE COST OF THE PROGRAM.    THE DETAILS VARY BUT
THE DEPARTMENT THROUGH RULE WOULD SET UP THE FEE
SCHEDULE FOR PATIENTS WITH DOCTOR RECOMMENDATIONS
AND ALSO THE FEE SCHEDULE FOR OPERATORS OF ALTERNATIVE
DISPENSARIES.  THE GOAL WOULD BE COST NEUTRAL
TO RUN THE PROGRAM AND ALSO COVER COSTS RELATED TO
THE IDAHO STATE POLICE.

AGAIN, I THINK AS CONGRESSMAN RON PAUL WOULD PUT
IT—THIS IS A STATE’S RIGHT ISSUE AND AS MANY MEDICAL DOCTORS
INDICATED MEDICAL MARIJUANA IN MANY CASES IS THE ONLY MEDICATION THAT CAN DRAMATICALLY REDUCE PAIN AND IMPROVE THE QUALITY OF LIFE AMONG OUR MOST CRITICALLY ILL.

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