By SHERRI LY/myfoxdc
WASHINGTON, D.C. - Congress finally lifted the ban on D.C.'s medical marijuana law. Now, the city council must decide how to sell the drug and who can get it. Those details part of a committee hearing held Tuesday.
The proposed legislation models the best
practices in the 14 states that currently allow
it. Patients could buy the drug on a sliding
scale based on their ability to pay. The city
would be in charge of licensing the growers and
sellers.
On Tuesday, medical marijuana patients and advocates crowded the Wilson Building to voice their support for the bill and concerns over regulations some see as too restrictive. In 2001, Christopher Garrett was diagnosed with aplastic anemia, a rare and often deadly blood disorder.
At the time, there was no place in the District to buy medical marijuana.
"When you're in a situation where you're
dying, you're looking for anything that will
help you," Garrett said.
Marijuana curbed the side effects from constant
blood transfusions, nausea and complications
from his treatment. He spoke up at the hearing
on D.C.'s medical marijuana law and warned
against restricting the drug to certain
illnesses.
"I'm excluded from being able to have this
medication and that's wrong," Garrett said.
"That should be a decision that's made between a
patient and a doctor."
Under the legislation, there would be up to five
medical marijuana dispensaries. Only patients
with a recommendation from their primary care
doctor could get the drug.
"What we are trying to play defense against
were the pot docs if you were that sprung up all
over California who would write recommendations
for the pain associated with wearing high heels
and that's a true story," said D.C.
Councilmember David Catania (I-At Large) and
chairperson of the Health Committee holding the
joint hearing.
The restrictions in the bill are a nod to the
power of Congress. Wayne Turner, who
co-authored, the original initiative in 1998
called Initiative 59, says it won't help
patients if federal lawmakers shut it down.
"We're so close and yet we can see it all
disappear and it will disappear if Congress
steps in and says no, you can't do that. We have
no power over that," said Turner.
The dispensaries would not be allowed within
1,000 feet of a school or youth center, severely
limiting locations. Several council members
appeared willing to rethink the limit.
"It shouldn't be so restrictive that we
undercut or nullify the legislation," said D.C.
Councilmember Phil Mendelson (D-At Large) and
chairperson of the Public Safety and Judiciary
Committee also holding the joint hearing.
The legislation is still in committee. It has
the support of the majority of council members.
Catania says the bill could be passed by May and
enacted into law, if it gets through the 30-day
waiting period in Congress.
Until this legislation is ironed out, medical marijuana patients in the District have no protections. Garrett once faced prosecution in North Carolina for marijuana possession the charges were dropped.
"If I had gone to jail, I probably would have
died," he said.
Marijuana is still illegal under federal law,
but Garrett told us his doctors at the National
Institutes of Health, a federal agency, knew he
used marijuana and condoned it. He is now in
remission.