We all knew quite well not to expect a "victory" on HB1303, and that this was an opportunity to educate among the decision makers in the House of Representatives.  I believe that basic goal was achieved quite well, since we had outstanding representation from our "patient group."  Every one of them was great!  Each of them testified in dramatic and impressive fashion about their personal dilemma in encountering legal obstacles to obtaining much needed relief for their physical conditions:... cerebral palsy, post-polio syndrome, the wasting of AIDS, and life-threatening weight loss from a digestive disorder. 

Perhaps even more important, the hearing also provided the participants with an opportunity for informal personal conversation with our NW Arkansas representatives Jan Judy and Bill Pritchard, as well as the State Health Director, Dr. Fay Boozman.  

I got the impression from Dr. Boozman that the lack of support from the State Health Dept. may be more a question of them not wanting to be put in a position of 'policing' the legal use of medicinal marijuana, rather than being strongly opposed to its use for legitimate purposes.  He seemed to be amenable to the notion of us developing an alternative legislative proposal, in cooperation with Dr. Richard Nugent on his staff, which didn't put his department in the watchdog role.  

Creating such a proposal WITH the Health Dept., which could go forward with their co-authorship and endorsement, would probably be a giant step toward getting new law on the books.  

As an interesting adjunct to that thought, there is a fascinating item in the Austin American-Statesman (Texas) which I will quote here:

State Rep. Terry Keel, R-Austin, has lent his law-and-order image to medical marijuana legislation.  A former Travis County prosecutor and sheriff, Keel has filed a bill allowing a defendant charged with marijuana possession to claim as a defense that the drug was recommended by a physician for treatment of a medical condition.

"If we have medicine that can alleviate pain and treat seriously ill patients, it makes no sense not to use it," Keel said.  "Logic dictates that this be done."    

Keel, who prides himself on "being on the front lines of the drug war for 10 years," said House Bill 513 is narrowly drawn so it does not interfere with police or prosecutors.    

The burden of proof is on the defendant.  It does not decriminalize the drug and avoids conflicting with federal laws banning use of the drug. Although doctors still cannot prescribe marijuana, they sometimes recommend it.    

Keel said he does not expect physicians to abuse the legislation because it would be a red flag to the Texas State Board of Medical Examiners.    

Patients undergoing chemotherapy or battling AIDS smoke marijuana to ease pain, control nausea or stimulate appetites. Although there are health concerns about long-term use, Keel said his motive is to help the seriously ill. "We have a lot of terminally ill in Austin," he said.    

He said his constituents in western Travis County overwhelmingly supported the idea in a recent questionnaire.    

State Rep. Glen Maxey, an Austin Democrat who is advocate on health issues, including treatment for AIDS patients, said Keel's law enforcement background will help advance the bill.  "He's the right guy to do it," Maxey said.