From: [n c nor m l] at [aol.com] (NCNorml) Newsgroups: talk.politics.drugs Subject: Ohio's Shortest Marijuana Law Date: 25 Mar 1997 14:09:38 GMT Ohio's Shortest Marijuana Law By John M. Hartman Well all hell broke out this last November when Governor Voinovich and Attorney General Montgomery discovered Ohio's new medical marijuana defense law. They each took an oath in blood to have it repealed when the Ohio General Assembly returned for business in January. We started to prepare for the upcoming battle over this issue in early December. The problem that we were facing was we couldn't line up any expert testimony until a bill was introduced into the Ohio General Assembly and assigned to a committee. The earliest we could get this information was January 14th. We needed to give our experts at least two weeks notice. January 14th came and we found out a bill was introduced. On January 15th we found out we needed to get our expert in on Jan. 29th or Feb. 5th. I spent the next week trying to get Dr. Lester Grinspoon or Dr. John P. Morgan to testify. The best I could do with Grinspoon was to talk with his secretary and couldn't even get a response from Morgan. They were both out of town and had other commitments. I was getting really pressed. We had coordinated patients, activists and concerned citizens to testify at the upcoming hearings in the Senate. But this would add up to only marijuana users talking about marijuana as a folk medicine if we didn't have an expert to testify. We needed a doctor to back up our medical claims and not just any doctor would do. This doctor had to be a super expert on the issue of marijuana as a medicine. We were just about out of time when the phone rang at the NORML office. I answered it and a voice said, "Hi, I'm Doctor Ungerleider, I want to testify for NORML about this repeal of the new Ohio law." What luck! Dr. Ungerleider was visiting family in Toledo when he saw an article in the Toledo Blade about Ohio's new medical marijuana defense law. Boy was I relieved! Finally a doctor out of the blue and not just any doctor. Dr. Ungerleider had conducted medical research on marijuana in the oral and smoked forms and he even served on President Nixon's Commission on Marijuana and Drug Abuse. The only thing was, he wasn't available to testify before the Senate. But he was available to testify before the House committee. When you're at the end of your rope, you take advantage of any opportunity and count your lucky stars. Later that same day we finally did hook up with Dr. Grinspoon, thanks to the efforts of Dennis Day, and arranged for Dr. Grinspoon to testify before the Senate Judiciary committee. We found out that the first hearing was on Jan. 22nd and that the bill was titled Senate Bill 2. It was introduced by Ohio Senator Louis Blessing of Cincinnati. At the first hearing on Senate Bill 2 we found out several things from proponent testimony. The objections to the medical marijuana defense law by Senator Blessing were lame, to say the least. He claimed there would be increased usage because marijuana was the gateway drug, wondered what message this would send to children and he asked where were the patients going to fill their prescriptions? He answered his own question by saying, "with their local pot dealer?" John Murphy made me sick with his testimony supporting Senate Bill 2. Speaking for the Ohio County Prosecutor's Association, John Murphy really made fun of the whole medical marijuana issue. He used terms like pot heads and always referred to patients in condescending terms. But the worst testimony came from Dr. Paul Leihart of the Ohio Board of Medicine. Dr. Leihart is just the type of doctor that has sold his soul to the devil, oopps, I mean the government, and marches right with the prohibitionists. His still believes marijuana destroys brains cells. He told the Senate Judiciary Sub-committee that within six months, a human brain could be destroyed by marijuana and marijuana had no medical value. I really don't think any of the committee members (but who really knows) believed these horror stories. All I knew was that convincing this committee was going to be hard enough without this doctor throwing up a smoke screen and fogging up the issue with misinformation. Attorney Dennis Day of Columbus opened the opponent testimony on Senate Bill 2. It was a real joy to here Mr. Day speak and I can see why he is such a good trial lawyer. Northcoast NORML, Sandusky County NORML, For a Better Ohio and other friends and allies all presented testimony to the Senate Judiciary Sub-committee and we did a real good job of it with one exception. We had a full array of patients to testify - John Precup, Daniel Asbury, Don Hamilton, Daniel Flint and Eleanor Ahrens. The testimony was going just as we planned until Kenny Schweichart of For a Better Ohio decided to verbally attack the committee and put us on the spot with one of the worst presentations I have ever heard. People were almost running from the committee room during his presentation. Fortunately, not all was lost because of Kenny's antics and we still had one more hearing the next week. I think at this point I must express that things were moving very fast. Here in Cleveland and in Columbus, we were trying to mobilize our base of supporters and get out mailings, phone zaps, fly in witnesses, while dealing with the press and the activities at the Statehouse. The media was going mad with interest and the first day's opponent's testimony made front page coverage in the Cleveland Plain Dealer with a large picture of Jean Taddie and her friend John Precup (an MS patient) both waiting to testify before the Senate Judiciary Sub-committee. The Subcommittee just rubber stamped Senate Bill 2 and referred it back to the full Senate Judiciary Committee. The next hearing was scheduled the following week and this would be our last chance to stop or amend Senate Bill 2 in the committee process before in went to the full Senate for consideration. Northcoast NORML had arranged to fly in Lester Grinspoon, M.D. from Harvard University. The opposition was really worried and brought back Doctor 'Marijuana Kills Brain Cells' Leihart. Dr. Leihart's testimony was just more of the same government misinformation and when Dr. Lester Grinspoon testified, he informed the committee that there wasn't one ounce of truth in Dr. Leihart's testimony. Dr. Grinspoon was brilliant with his presentation and I have it all on video. So if anyone wants a copy let me know and we will work something out. I guess the whole deal in the Senate was a done deal. Before the Judiciary Committee had even voted the bill out of the committee, the Senate had scheduled Senate Bill 2 for a vote in the full Senate. This was really a slap in the face. What had happened was the Ohio Senate (that is mostly Republicans) was given its marching orders by the Governor and the Attorney General. I must admit that it was a horrible defeat with the Senate voting 30 to 3 to pass the bill. But this wasn't a reason to lose face and we regrouped for the action that was going to be played out in the Ohio House of Representatives. I was hoping that things would fair better in the Ohio House of Representatives. We did start out with more support in the House. Frank Sawyer, a Representative from the Mansfield area, came out of the closet in a story printed in the Mansfield News Journal about helping his sister obtain marijuana 20 years ago. I must stress that Representative Sawyer was very helpful with advice and even attempted to get Senate Bill 2 moved to the Health & Retirement committee. I was the only opponent of Senate Bill 2 to attend the first hearing in the House. That hearing was only for the sponsor of the bill to speak his peace. Senator Blessing's presentation to the House Criminal Justice Committee did inform me what his real objections were to the current medical marijuana defense law. His first objection was there was no weight limit on the amount of marijuana. Another was that the involvement of a doctor writing a recommendation would cause the doctor to be brought before the Ohio Medical Board. The last objection was there was no time limit to the written recommendation for the patient. Senator Blessing did admit in his testimony that he really did feel for the patients. So I was delighted that we were successful in the Senate hearings in one area and were able to touch the hearts of some Senators, but not enough to change their votes. After listening to what Senator Blessing had to say gave me the idea that we could reach some type of compromise about this issue. After the hearing, I went to the Senator's office to talk with him but he was not in. I did talk with his aide and scheduled an appointment with the Senator for the same day as the next hearing on February 25th. The 25th came and David Sheets and myself made our early morning drive to Columbus from Cleveland. We attended a protest sponsored by NORML and For a Better Ohio in front of the Statehouse at noon. The State troopers quickly kicked us off state property for having information tables without a permit. Big deal, we moved the protest and information tables to city property and went on with the protest. There was a nice crowd of forty or fifty supporters and a young lady with a cane came over to talk with me. She introduced herself as Mary Miller. She said that she saw what was happening from a city bus and had to get off to meet us. She explained that she suffers from cerebral palsy and has chronic pain. Her story really touched my heart. She had given up on all pain medications because they zonked her out and that while in Washington state, she had tried marijuana and it allowed her to walk without as much pain. She informed me that she didn't even know where to get any marijuana to help her ease the pain, but said she would be more then happy to testify for us before the House Criminal Justice committee. The rally ended after much public display with signs and by Kenny for A Better Ohio, Tomas Salazar of Sandusky County NORML and myself doing some great public speaking from the soap box. We quickly had to get to the hearing and almost everyone at the protest. including Mary walking with her cane, filed into the Statehouse. The hearing room was packed. All the seats were taken and people were standing, hugging the walls and standing in the aisle, and there were still more people in the hallway. At this hearing, there would be testimony from both sides of the issue and the chairman had scheduled two other bills to be discussed before hearing testimony on Senate Bill 2. After about a 1-1/2 hours, the docket was cleared and discussions began on Senate Bill 2. The proponents of the bill would have first say on the issue and there was no new ground covered by the proponents. Marijuana kills brain cells, what is in the marijuana may be harmful, marijuana has no medical value, some cripple might smoke pot while flying a 747 or even worse, the federal government might have a cow! No facts or truthful information was presented by the witnesses for the Ohio Medical Board, The Ohio Association of County Prosecutors or the Ohio Department of Alcohol and Substance Abuse. I had to leave at this point to meet with Senator Louis Blessing. At this meeting Senator Blessing opened up to me and said that he was given direct orders from the Governor that as chairman of the Senate Judiciary Committee, he would introduce a bill to repeal the medical defense law. I could understand the situation he was in. I mentioned to him that I was impressed with his testimony to the House Criminal Justice Committee and I felt there may be some type of compromise that we could reach in the form of an amendment that would overcome all his objections he had to the current law. We discussed NORML's amendment which would remove the doctor's written recommendation from the Ohio revised code and instead, insert language to make it disease specific. I also informed him that you can't use the affirmative defense in Ohio as a defense for any amount of marijuana over 600 grams, so this resolved the weight issue. We hashed about several other ideas and I think he was really trying to come up with something that would work and to help us with, but one idea only seem to create more problems. In the end, he told me he didn't care what happened in the House, and if the House attached NORML's compromise amendment to Senate Bill 2 he would not oppose the amendment when it came back to his committee in the Senate. That was enough for me and I left his office overwhelmed with new hopes that the medical marijuana defense may be saved after all. Returning to the hearings, it was my time to testify. I basically reviewed the history of how the medical marijuana defense law was included into the original vehicle legislation that was signed into law. I presented several affidavits from doctors that testified at the DEA hearings in 1988 for the rescheduling of marijuana, gave a brief historical presentation on the use of marijuana as a medicine and submitted several studies and reports. I closed with giving the committee testimony about editorial comments by most major and several county newspapers in Ohio and some survey information on public opinion and asked them to amend the legislation with NORML's amendment. The next wittiness was Dr. Paul Robinson from the Mansfield area. We met Dr. Robinson at the Senate hearings when he testified about the experience he had when his son who suffered from the side effects of a bone marrow transplant and chemotherapy to treat his childhood leukemia (the good news is his son survived and is living a full and productive life). Though Dr. Robinson's son never used marijuana to treat the side effects of the medical treatments for the leukemia, he explained how conventional medicines did nothing to relieve the nausea and vomiting his son experienced and there was nothing that could be done to stop the rapid loss of body weight that his son suffered from. The point the good doctor wanted to make to the committee was that current medications to treat nausea and vomiting don't work for many patients. If marijuana would help his son and he had to do it all over again, he would go out a find some marijuana to help his son. Unfortunately halfway through Dr. Robinson's testimony the chairman interrupted him to adjourn the committee meeting. The chairman would let Dr. Robinson complete his testimony at the next hearing. We did conduct several phone zaps during February and March. Tina and Matt came into the NORML office and gave their time to call all NORML members in Cuyahoga County and to encourage them to make phone calls. We also conducted a phone survey of 100 households in Cuyahoga County about the medical marijuana issue. We combined these phone zaps and mailings with a radio advertising campaign in the Columbus area. We got a great deal on ad rates on a new Columbus radio rock station and spent about $1,700 on the ads that encouraged concerned citizens to call the governor or attend the protest rally at the Statehouse. The next hearing was held on March 4th and the day started with another protest at noon in front of the Statehouse. It was a sunny day and again, there was a good crowd of people. Drivers honked their car horns in support of the protest as they drove by and Kenny, Tomas and myself did our speeches from a soap box. At the hearing we presented our heavyweight witness Dr. J. Thomas Ungerleider from the UCLA Medical Center. Dr. Ungerleider was excellent and overcame every objection that members of the committee raised. After he was done there could be no one on the committee that could doubt that marijuana really does have medical value. Daniel Asbury was next to testify. Thanks to Sandusky County NORML for paying for his transportation. Daniel is a quadriplegic and is wheelchair bound so their would have been no way for him to make the hearings (considering his disability and his limited income) if it wasn't for Sandusky County NORML. It is hard to feel sorry for Daniel because he is such a strong willed person and gets around pretty good in his motorized wheelchair. But this day he didn't have his motorized wheelchair and was pushed in by his traveling companion which made him look more helpless. Daniel didn't ask for pity from the committee and only asked them to understand his situation. I can hardly listen to the testimony of patients anymore without getting teary eyed. So I more or less focused on video taping Daniel and tried to think of other things to keep the tears from flowing in public. Damn these elected officials! I can't understand how any person could listen to the testimony of someone like Daniel Asbury and not say 'screw the Governor and battleship Betty! I'm voting from my heart!' Eleanor Ahrens was next to testify and she explained to the committee how her arrest along with her husband Ted had destroyed them financially. After spending $10,000 in lawyer's fees and the threat of having their home seized by the State of Ohio, they were both forced to plead guilty to 3rd degree felonies, and all because Ted was growing marijuana for personnel use and to help supply his wife with the marijuana she needed to treat her epilepsy. Eleanor in her testimony also explained the addiction problem she had with the approved government dope that her doctors were giving her. She explained that she was also allergic to the sesame oil in the Marinol capsule. So even if she could convince a doctor to give her the legal marijuana pills, they wouldn't do her any good in treating her epilepsy because of the oil. I have to really hand it to Eleanor and Ted, for they are both awaiting sentencing. It could have been real easy for them to cop out and say they couldn't be at the hearings and Eleanor could have kept her mouth shut like most people do even when they aren't looking at one of Ohio's fancy new prisons as their future home for the next year or so. We had a traffic jam with the crowded hearing room and the wheelchairs. John Precup rolled in on his wheelchair and we rolled Daniel Asbury out. John was featured on the front page of the Cleveland Plain Dealer when he testified at the Senate hearings in February and did a special news segment for Channel 19 (CBS) in Cleveland (I believe the story was carried statewide). Anyway, John had spent a lot of time researching and documenting his testimony and he did an excellent job of challenging the committee members to justify repealing the medical marijuana defense. We did get another couple witnesses to testify before Chairman James Mason said that we would just have to schedule another hearing to accommodate all the witnesses and that the committee would meet next Tuesday for the final hearing with a possible vote on the bill. I didn't expect to have the bonus of another hearing so I didn't even consider finding anymore witnesses. I did feel that since there was one more hearing, we should bring in one of the patients that legally receives marijuana from the Federal Government. It was arranged to fly in Ms. Elvy Musikka of Hollywood Florida. Elvy suffers from Glaucoma and was arrested in the late 1980's for growing 6 marijuana plants and to her good fortune, the Florida Supreme Court ruled that her growing of marijuana was a medical necessity and she was found not guilty. She is also fortunate that she was approved to receive marijuana from the feds under the guidelines of the Compassionate Investigational New Drug program and she still receives her medicine today from the Federal Government at no cost. We didn't have a protest in front of the Statehouse before this last hearing, but instead started the day with a short protest right in the rotunda of the Statehouse. Kenny's troops were to do the protest and Tomas and I would give moral support. Anyhow, we were all sitting in the rotunda waiting for Kenny's people. The media folks showed up and it was time for action and no troops. Kenny was a little lost at what to do and apologized for no troops. No big deal I told Kenny. I told him we would do a die-in right on the rotunda floor. Kenny and Scott laid down in the center of the rotunda and I grabbed a couple of protest signs and Tomas started his speech. Just then a group of about twenty high school students walked into the rotunda touring the capitol. Tomas told the crowd that the people laying on the floor represented the thousands of sick and dying Americas that could benefit from medical marijuana. It was at this point I noticed more and more state police entering the rotunda The media loved the die-in and got all kinds of great photos and video footage. I later heard from Cliff Barrows that the die-in made a news broadcast in West Virginia. All of a sudden the protest was over when the state police moved in and told us to disperse or be arrested. We complied with the officer's request and then the trooper spent the next few minutes explaining that we needed a permit next time and that he was only doing his job. I really only have one comment - Only in America! It was just at this time that all of Kenny's people came in with Elvy Musikka and we all went to the hearing. This hearing would be a little different. Chairman Mason made a big deal about us adding one new wittiness to our list. He was just being an asshole as far as I'm concerned and he limited each witness' testimony to 7 minutes. We had also heard that there may be an amendment offered at the hearing. All the witnesses were short and sweet with their testimony. By this time we knew that Representative Betty Sutton was going to offer an amendment. Representative Sutton's amendment was very similar to the one NORML offered to the committee. The lead advocate against her amendment was Chairman Mason. His objections were just the same objections we had heard before. He said the law would have too many loopholes, that the marijuana may be laced with chemicals or other drugs, and that if someone really wanted a good law, they should put their name on a good piece of legislation. I had to admit that the law wasn't very good as laws go. But it was the only thing that could keep our sick brothers and sisters from going to jail and that was good enough for me. Chairman Mason called for the vote on the amendment and it was defeated. Then Representative C J Prentiss made a recommendation to the committee that the bill be referred to the Health and Retirement committee. Rep. Jeff Jacobson of Dayton shot down this idea. What really got me mad about Rep. Jacobson is that he, of all Representatives, hardly spent any time at any of the hearings. For him to object to Rep. Prentiss recommendation on the grounds that the Criminal Justice committee had heard all the medical testimony really put a sour taste in my mouth. The bill was voted out of the committee and went to the full House to be debated the next day. Sometime around 5:30 pm on March 12th I called down to the statehouse pressroom to see what was happening with the bill. The person in the pressroom inform me that there was a close vote to send the bill to to the Health & Retirement committee and that the House was still considering what to do. I had one final glimmer of hope that this defeat would be adverted, but within the hour I called back and found out the bill had passed by 64-33. This vote was much better then the results in the Senate, but it was still a defeat. I would like to end this overview of the battle to save Ohio's medical marijuana defense law on a positive note. Yes, we lost the battle, but we gave one hell of a fight for justice and everyone that helped should be proud of their contribution even if it was only a phone call to a legislator. I personally would like to thank Tomas Salazar, Daniel Asbury, Jean Taddie, John Precup, Dennis Day, David Sheets, Daniel Flint, Mary Miller, Dr. Lester Grinspoon, Dr. J. Thomas Ungerleider, the folks at national NORML, Elvy Musikka, Don Hamilton, Kenny Schweikart and the great people at For a Better Ohio, Rob Kampia of the Marijuana Policy Project for testifying, Ted & Eleanor Ahrens, Paul Robinson, and all the other good people that are too numerous to mention for their contribution to the cause. We were able to put aside any differences we had to come together and stand up for what is right. Because of this we are much stronger today as a movement then we were before last November. The marijuana prohibitionists have been exposed for what they are - heartless, lying beasts. They would rather jail the sick and dyeing then let us marijuana reformers have one victory. This whole ordeal has made me more committed to the proposition that we must end marijuana's prohibition in all forms. For that will be a day of compassion. The day when we can offer freely to our sick and dying brothers and sisters the medicine they so badly need and let the prohibitionist be damned!