This week's Scene cover story talks about the Safe Access to Medical Cannabis Act, a bill introduced in the Tennessee legislature that if passed -- a longshot, to be sure -- would create the state's first medical-marijuana program since 1992.
Under the terms of the bill, the state would license Tennessee farmers as growers, provide for strict oversight by local law enforcement, and sell doctor-prescribed doses of medical marijuana through pharmacies -- to anyone either in a hospice program or diagnosed with any of 12 serious or life-threatening conditions.
We asked the bill's sponsor in the Senate, Sen. Beverly Marrero (D-Memphis), to explain her support for the issue and the bill's merits. Regrettably, we didn't have space in the story for more of her remarks, but we print the full text of her responses here.
Scene: Why did you decide to sponsor the legislation, both last year and now?
Sen. Marrero: As a matter of fact, I sponsored another medical marijuana bill as a member of the House in 2007 as well. But to your question, I didn't need any convincing that this the right thing to do, but the issue became personal for me when my son-in-law had to go through chemo and radiation therapy for cancer several years ago. He simply could not keep food down, and had to have a feeding tube installed so he wouldn't lose anymore weight (he was already a lanky guy). His friends finally stepped up and helped him in a way that the medical community couldn't.
Have you had any response from constituents about the issue?
Sen. Marrero: The response has been overwhelmingly positive, from not only my constituents but those of other legislators. I can honestly say that this bill has generated more positive feedback than any other I have sponsored.
Do you consider the current bill stronger than the legislation proposed last year? If so, what are the improvements?
Sen. Marrero: Oh yes, the bill is much improved, otherwise we would just go with the one from last year. For one thing, the bill is clear in establishing pharmacies as the only avenue for purchase. We're going to learn from the mistakes of places like California and Colorado, where dispensaries have become more prevalent than Starbucks. The new bill also clarifies that the cannabis will be grown in Tennessee under the auspices of the Dept. of Agriculture, creating a source of revenue for the state (it's not the reason for the bill, but it certainly doesn't hurt).
Last year's bill put the emphasis solely on terminal patients, which, in retrospect, may have slighted people who suffer from chronic pain and other serious but non-terminal conditions. The current version of the bill allows the Health Department to determine guidelines as to who should be considered, and the ultimate responsibility rests with individual doctors to determine which patients qualify.
Is medical marijuana a partisan issue?
Sen. Marrero: It certainly shouldn't be. The Conservative movement these days has a strong libertarian streak, and I think there is room for common ground there. Just look at all the fuss over health care. All you hear about is the fear that some bureaucrat wll come between you and your doctor -- well, this is a pretty clear case of that. Our bill specifies that the medicine would only be available with a doctor's prescription and can only be purchased in a pharmacy, but for some reason some people think the government knows better than the doctors and pharmacists. Frankly, passing this bill is going to require legislators of both parties with the courage to do the right thing.
Are there signs that legislators may be more or less receptive to the bill than they might have been last year?
Sen. Marrero: I don't think it would be responsible to comment on any of my colleagues specifically, but several developments over the past year have created a more hospitable environment for the bill. First, U.S. Attorney General Eric Holder has stated unequivocally that the Federal government will not interfere with individual states' programs. Second, more states have instituted programs of their own (I believe we're up to 14 now). Third, the American Medical Association has recommended that the FDA take the long-overdue step of reclassifying marijuana away from its current status as a Schedule I drug.
In general, I think that as time goes by, more and more people accept the idea, whether because they see it working in other states, or because someone they know would benefit from it. It's sad that for some people it takes something like seeing a loved one suffer through chemotherapy, but it's hard to be against something that brings relief after you've seen that up close. Eventually everyone will know someone who would benefit from this bill.
What are the biggest obstacles facing the bill? On the other side of the coin, what do you think are the most persuasive arguments in favor of it?
Sen. Marrero: The stigma associated with marijuana. It's a cultural issue that has nothing to do with the medical use of the drug (which can be abused like any other). It's so strange; you'll be talking to an otherwise rational and compassionate person, but when this subject comes up they'll begin smirking or even giggling. Are people really letting Cheech and Chong movies determine their view on this medical issue?
I think most folks could be persuaded by the arguments that this bill would relieve suffering, raise revenue for the state, and establish Tennessee's leadership on an important issue. In my mind, these things carry a great deal more weight than the arguments from the opposition, which amount to a derisive smirk. I think some people expect the social stigma alone to be enough of an argument to kill this idea, but it's not going away that easily. The evidence is on our side, public opinion is on our side, and as with any progressive initiative, time is on our side.
Where do you expect the most opposition to come from?
Sen. Marrero: The status quo is always a powerful force. People tend to resist change, even if they can't pinpoint why. We're seeing a lot of that. As far as monied interests, we have yet to see much organized opposition, I think because people expect the idea to just go away. You could say that they expect the social stigma to do their work for them.
What path awaits the bill now?
Sen. Marrero: It's about time for a committee hearing. We have yet to determine whether it will be Rep. Richardson in the House or myself in the Senate that will move the bill first, but we are working together on this as we have for the past year. When the bill is scheduled in committee, it will be time for interested citizens to call and write their Senators and Representatives (particularly if they are on the relevant committees) to encourage their support of the bill.
Is sponsoring the legislation a risky move politically?
Sen. Marrero: I am fortunate to represent a very intelligent and progressive district in Midtown Memphis, and the response has been overwhelmingly positive, so I certainly don't feel as if I am taking a risk. But as I said, we get emails and phone calls from folks throughout the state who want this done. Eventually, it's going to be a bigger risk to stand in the way of a program that would not only help sick people, but one that would generate a good deal of revenue for our cash-strapped state. The country is clearly headed in this direction; the question is do we want to be the last ones on board, or do we want to seize the opportunity to take the lead on this? Senate Bill 2511 is a unique program that could easily serve as a model for other states, so as I said, I believe there is a larger political risk in obstructing progress.
Have you heard from people who have either used or had loved ones who used medical marijuana?
Sen. Marrero: I've heard stories that would break your heart. People suffering from MS, from hepatitis C, and of course cancers requiring chemotherapy have all reached out to me. I've heard from many people that suffer from chronic pain who are sick of all the medication they must take. Their stories all have a common theme. They are going broke paying for medicine that makes them feel sicker when a medicine that provides relief is not legally available. What comes through in every one of these emails and phone calls is the frustration these otherwise law-abiding people feel after being made to feel like criminals for pursuing what they insist is the only medication that works for them. To compound their suffering with an indignity like this is not something most people expect from their government, even in this cynical age.
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The day Marrero and Richardson decide to move this bill will be the day it dies. A reporter who doesn't know any better asked Ramsey yesterday whether this bill had any chance, and he had to stifle a belly laugh. "No, not in Tennessee," he said. "Steve Cohen's moved on to Washington."
I don't expect forward momentum on any progressive piece of legislation out of this legislature, especially one that favors the wishes of constituents over entrenched corporate interests. But I'm glad some folks keep plugging anyway.
How are Tn farmers gonna be able to produce medical grade marijuana?? How will they know what to produce you mean some 80 year old man thats been growing corn for the last 60 years of his life gonna produce cannabis that will do something more than give you a headache?? Wake up I mean the bill wont pass anyways but get real Tn farmers will only be able to produce a crop once a year and if the weather goes wrong then what will they do...they are better off combing through the jails and try to find some decent young man who is serving a 15 year sentence for drug manufacturing which in Tn is another word for growing pot.
Woods,
Aren't you reinforcing the status quo by saying a reporter "didn't know any better" by asking the Senate Majority Leader a reasonable question about the bill?
Obviously it doesn't stand a chance in the TN Legislature because it makes too much sense. But at least one reporter had the courage to ask.
I am so tired of the bad rap Marijuana has when it helps more than it hurts. I understand them being afraid of kids getting into it. they call it a gateway drug, well when you tell kids this stuff will kill ya and then they try it and nothing well they think they were lied to about the harder stuff like heroin,coke,meth,and pain meds. come one people lets save the money to get the bad stuff out of the hands of our youth that really hurts our society.
Medical/analgesic uses for cannabis are almost endless. One well known among bikers, somewhat less known among other TLC devotees, is relief for inside thigh skin rash from extended rides. Real easy to prepare.
First: Save used bong water – wine works even better, and reduce to a thick rioux over low heat.
Next: Mix with aloe to make a nice paste.
Directions: Rub liberally over rash. Osmosis takes care of the rest. Excellent!
This is a bad bill for several reasons. No self respecting libertarian would support it. There is no home-grow provision, and the idea of pharmacies becoming the only lawful distributors of cannabis does nothing to eliminate the black market.
I'm not a doctor, but I find it impossible to believe that medical preparations derived from the cannabis plant can't be utilized, even if its as simple as vaporizing the raw plant. Having said that, its not my desire to give the sole right to distribute it to a few already very wealthy individuals... which is what this bill does.
Marrero, bless her heart, is arguing against the status quo, but her bill actually strengthens the status quo and gives it State legitimacy. They complained that there were more marijuana dispensaries than Starbucks in California... there's a reason for that, people... apparently a lot of folks just like marijuana more than they like coffee.
Just legalze it. Period. Tennessee is behind the curve enough as it is... don't let idealism cloud reality, even if its for movement in the right direction.
Woods, thanks for illustrating Marrero's point beautifully. Neither you nor the Speaker offer any reasons against the bill whatsoever, but good to know Ramsey has to stifle a belly laugh when discussing this. Chemotherapy is so fucking HILARIOUS.
Two of the commenters above miss the point. They and anyone else interested in obtaining safe access to medical cannabis in Tennessee should read the bill (SB 2511). They should also read the position paper that discusses the logic underlyng the bill by contacting Bernie Ellis at tracevu@bellsouth.net .
Unlike every other medical cannabis program in the US (existing or planned), the Safe Access bill proposes a state-managed program where farmers will be licensed, trained and supervised by the TN Department of Agriculture to produce medical cannabis to strict specifications (including growing only cultivars of known chemical composition whose seedlings will be provided by the Ag department.) These farmers will be allowed to sell their cannabis only to licensed distributors; who will process, package and distribute cannabis under the supervision of the TN Department of Health. These distributors will be allowed to sell cannabis only to participating pharmacies, under the supervision of the TN Board of Pharmacy.
Eligible patients (who are either enrolled in hospice programs or who are diagnosed with one of twelve qualifying diseases) will be able to obtain medical cannabis from those pharmacies with a recommendation from their health practitioners without the necessity for a prior review and approval process common in other states.
The first set of eligible medical conditions are cancer; glaucoma; HIV/AIDS; hepatitis C; wasting syndrome; severe, debilitating and chronic pain; severe nausea; epilepsy; multiple sclerosis; Crohn's disease; Alzheimer's disease and amyotrophic lateral sclerosis (Lou Gehrig's disease). (I doubt if even 10% of Tennesseans suffering from these diseases will have the time, energy, experience and resourses to grow their own -- and the patience to wait 6-8 months for their first useful medicine.) The TN Department of Health will convene an advisory panel to consider adding other qualifying conditions in a systematic manner.
The cannabis will be sold at $60/ounce, with $30 to the farmer, $10 to the distributors and pharmacists and $20 to the state to fund the program, with excess state revenues going to indigent health care and substance abuse treatment. This program is envisioned to gross between $450-$500 million per year by the third year of its existence, and that level will serve fewer than 15% of the Tennessee population that now uses cannabis.
If, in the future, "cannabis dependence" is added as one of the qualifying conditions (in a conscious effort to destroy the illicit market), this program will become a multi-$billion industry in short order. If future national medical cannabis policy allows medical cannabis to be shipped to other states with less advantageous growing conditions, this will become a multi-$billion industry X 10 for whichever state first establishes a program model as envisioned by the Safe Access bill.
So once again, read the bill and the position paper underlying it. Operators are standing by....
I suffer from chronic pain. I have to take oxycodone pills 4 x a day. I also have 2 small boys at home. I have tried medical pot and it works great. Now if I could use it instead of an opiate that kills people every day and not have to use stool softener that would be great. In the history of the earth no one has ever died from using pot, why would they have ever taken something away from us in the usa and given us opiate pain meds??? They are looking for my familys best interst, right?
Im all for this bill, I dont like people even supporters saying that CA or CO are a mess, if you ask all those medical card holders they are all happy and as for violence and crime, that has all decreased.
Kids are the issue that can be a hard one, but I would like to point out that kids are smoking pot now, they are dealing it now, they can get it easier now! So putting it in a regulated system only makes it harder for them to get, so you have it wrong when people act like medical marijuana causes more teen use, flat wrong. To go further, any country or state that has decriminalized or had medical laws, they have seen a decrease in teen use not an increase so when do we start looking at the facts and start doing what right?
Pass a Law TN, it will only push KY into looking at the issue too, up to this point not one single legislator has responded in KY though I write a letter each week to every single one of them! These legislators, when they choose to listen to money over the people its time for them to go and they all need to go, all around this nation and in DC too!
Good Luck TN, everyone needs to make it clear to legislators, you vote this bill down you have no job next term!
I don’t usually reply to posts but I will in this case.
i worked for cannacare up in Washington St....so i think i might have a little more insite to the pros and cons of Med.Marijuana....one thing the price scale i read up above will lead to it being resold....i grew it....i know this first hand medical grade pot goes for 280 an oz....and thats cheap compared to street value....so if they sold it in your local pharmacies at 60 an oz then it strengthens the black market.....Its not the same pot you buy here on the streets...one other thing patients up there were skidish about even buying Med. Marijuana from our stores i could only imagine how it would be down here when they could only buy it in public at a pharmacy....im a bigg supporter of Med. Marijuana but leave the pharmacies out of this let people set up a shop and have the FDA send inspectors out randomly.....and set up guidlines....we set up our own we didnt sell to anyone who didnt have a WASHINGTON DL even if they had a CALI DL we turned them down and they had to show proof that they had seen a doctor and s/he had wrote a prescrip that we kept on record for 90 days then they had to have a new prescrip....they and i had to sign documents stating that i sold them a certain amount and that i am responsible.Basicly meaning if it came to light that i sold it to someone who i wasnt supposed to then i would get fired. Mabey even arrested......so why wouldnt that work works there
I suffer from Crohn's disease and have since 1991. I am a veteran and the VA provides my healthcare. I live here in TN, but if I lived in other countries such as UK, Canada, and Australia, my condition would be considered a disability and in Canada I would qualify for medical marijuana. USA is beginning to consider Crohn's a disability and most current medical marijuana states include Crohn's as an eligable condition. Passing this medical marijuana bill would greatly help chronically ill people like myself.
I have experienced health benefits including, relief of pain, nausea, increased appetite, anti depressant effects, and anxiety relief. Yet, despite all these personal health benefits, I risk criminal prosecution for purchasing or growing for my own medical use.
Major drug companies line up to offer us multiple drugs with pages of side effects, and eventually end up recalled or in lawsuits. No thanks.
Yes, I could move to other states or countries to benefit from more liberal laws, but I love living here in TN and hope someday TN will see the benefits of medical marijuana for it's citizens like myself.
Until then, I recommend you contact your representatives and let them know what you think on this issue. I will.