Compassionate Use of Medical Marijuana Bill Debated

A medical marijuana law has been
introduced in the WV Legislature.

For at least the third year in a row, a new law has been proposed in the West Virginia Legislature to make it legal to prescribe the use of marijuana for medical purposes to treat a variety of debilitating health issues.

Like the past two years, at this point in the legislative session, it does not appear that this new law will even advance out of the legislative committee to which it was assigned. Taylor County House of Delegate member Mike Manypenny, a Democrat, introduced the "Compassionate Use Act for Medical Cannabis" on February 13, 2013. The bill was referred to the Health and Human Resources Committee, where it has not yet even had a public hearing.

Delegate Mike Manypenny

According to Delegate Manypenny in an email response to an inquiry made by the Commentator, he has "several medical professionals willing to speak as expert testimony that are on board, including a leading Oncologist, Neurologist, Emergency Room doctor, and the West Virginia Nurses Association."

In support of the new law, Mannypenny said "it should not matter whether it is a plant or a pill, a doctor should be able to prescribe and/or recommend anything that they feel could benefit their patient." He said there is "overwhelming evidence from research across the country and world showing the benefits of cannabis, along with some of the most recent [research]showing that some cannabinoids kill cancer cells, as well as all of the other evidence that shows it helps people with appetite going under chemotherapy, reducing muscle spasms for Multiple Sclerosis patients, pain control for chronic pain patients, as well as one of the best tools for helping people to get clean from opiate addiction, as well as complimenting opiate medicine reducing the need when used in conjunction with it for pain."

Are medical marijuana stores in the future
for West Virginia residents?

Manypenny said the law he proposed this year "is an updated version of last year's bill, since more States have come on board, along with the taxes on cannabis will be used for treating victims of substance abuse and to promote drug prevention in our schools." 

The proposed law is quite lengthy. It would allow medical practitioners to prescribe marijuana in certain limited quantities to treat "debilitating medical conditions" defined as "cancer, glaucoma, positive status for human immunodeficiency virus, acquired immune deficiency syndrome, hepatitis C, amyotrophic lateral sclerosis, Crohn's disease, agitation of Alzheimer's disease, Parkinson's disease, post-traumatic stress disorder, depression, anxiety, addiction to opiates or amphetamines or the treatment of these conditions; or a chronic or debilitating disease or medical condition or its treatment that produces one or more of the following: Cachexia or wasting syndrome; severe or chronic pain; severe nausea; seizures; or severe and persistent muscle spasms, including, but not limited to, those characteristic of multiple sclerosis; or any other medical condition or its treatment added by the West Virginia Department of Health and Human Resources."

The law further provides that medical practitioners and qualifying patients must register, and facilities providing marijuana must be licensed by the WV DHHR.

As stated in the bill, "the purpose of this bill is to create the 'Compassionate Use Act for Medical Cannabis.' It provides protections for the medical use of cannabis; defines debilitating medical conditions for which medical cannabis may be used; and authorizes the addition of debilitating medical conditions. The bill sets out limitations of this article. It prohibits discrimination against persons entitled to the protection of this article. The bill requires the registration of qualifying patients and designated caregivers and requires issuance of registry identification cards. The bill affords an affirmative defense and dismissal of proceedings for medical marijuana. It provides a misdemeanor offense and criminal penalties for disclosing certain information. And, the bill otherwise provides for enforcement of the provisions of this article."

Medical marijuana certainly has its proponents and opponents. An excellent discussion of the top ten pros and cons of laws like that proposed by Delegate Manypenny can be found at this link:

http://medicalmarijuana.procon.org/view.resource.php?resourceID=000141

The complete proposed "Compassionate Use Act for Medical Cannibis" law can accessed at this link:

http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb2230%20intr.htm&yr=2013&sesstype=RS&i=2230