Louisiana: So You're Telling Me There's A Chance?

Jacob Redmond

Well-Known Member
Jacob Irving steadied himself with his arms and slowly unfolded his legs as he climbed from a front-row audience chair to a seat at the witness table. From there he faced panel of lawmakers on a lower floor of the Louisiana State Capitol.

He was a 21-year-old LSU student last year when he shared his story with the Senate Health and Welfare Committee. He had tried to encourage them to support legislation that would set up an industry in Louisiana to legally dispense medical marijuana.

"There's nothing for adults (with his disease) but this," said Irving, who writhes in pain daily because of his congenital spastic quadriplegia. His condition causes the muscles in his legs and arms to constantly contract. And marijuana is the only thing that relieves his pain without making him vomit.

He feels lucky, he told senators, to have friends who agree to ignore his screams when they help stretch his limbs. He needed the Legislature's help in getting legal access to the marijuana to better cope with his symptoms.

But a short while later, the panel killed the bill, sponsored by state Sen. Fred Mills, R-New Iberia, by vote of 6-2.

Another Year, Another Shot

Mills is back this year with another version of medical marijuana legislation. Over the last year, since Irving's testimony, he's received about a dozen other calls from Louisianans seeking information about how to get marijuana prescriptions for their loved ones or patients. There was the man who called about his mother-in-law with cancer and the doctor who wanted to prescribe marijuana to his patient with epilepsy.

"It truly breaks my heart because the art of medicine should be where the physician should be able to make a determination on what's the best, appropriate treatment for that patient," said Mills, who is a pharmacist by occupation.

But this could be the year his bill to legalize medical marijuana gets pushed through, he said. He put it this way: "I think I got a better chance to pass it than not pass it."

Asked about for spread, Mills first put his chances at 50-50. He then added: "Let me go to 60-40." That's opposed to last year, when -- in hindsight -- he estimated his chances were 20-80.

The odd and somewhat frustrating thing for Mills in trying to legalize medical marijuana dispensaries in Louisiana, he said, is that medical marijuana's already legal.

The Louisiana Legislature legalized marijuana for medical purposes in 1991, but there's no mechanism in current law that allows for the legal dispensing of the drug. Doctors can legally prescribe it, patients can legally use it, but they don't have a middleman. Mills' Senate Bill 143 gives legal authority to the Louisiana Board of Pharmacy to set rules regulating a tightly constrained dispensary system.

In a compromise with groups that have opposed the idea in the past, his legislation only allows forms of the drug that are not inhaled. In other words, patients wouldn't be able to smoke it.

The Opposition

When it comes to criminal justice matters in the Louisiana Legislature, the Louisiana Sheriffs' Association and the Louisiana District Attorney Association pretty much run the show.

On most criminal justice issues, if one or both of those groups opposes a bill, it's probably not getting out of committee for a full chamber vote. The reason for this, state Sen. J.P. Morrell, D-New Orleans, said, comes down to politics.

"There's a fear of being portrayed as soft on crime," he said. Morrell is in active talks with the sheriff and district attorney organizations on his own marijuana legislation, to reduce penalties for possession of small amounts.

Especially in rural parts of the state, the sheriff and district attorney are seen as the top law enforcement leaders. "The public really puts a lot of stock and trust in what the sheriffs and DAs tell them."

When those groups oppose a bill, it sends the message that the legislation will make the public less safe. Bucking public safety advocates, then, "could be a very, very strong political consideration."

It's rare that individual sheriffs and district attorneys peel off from the association's consensus position on any given legislation, he explained. Individuals recognize if they did, the lobbying groups wouldn't be as influential as they are.

Most pieces of criminal justice legislation must get the OK from those groups before the first bit of testimony is heard. That's why Mills suspected last year his legislation was probably doomed.

But after emotional testimony from medical marijuana advocates last year, Mills said something changed. The sheriff and district attorney association both reached out to him directly after the legislative session. They want to find a way to make a dispensary work for patients who need it, Mills said; but they're afraid it's a path to legalization. That's why this year Mills is trying to keep the debate "within the silo" of the medical field.

"They feel that this could be a gateway to something else," Mills said. "I'm trying to convince them that it's not and trying to convince them I would work with them to make sure it's not."

Louisiana Sheriffs' Association Executive Director Mike Ranatza said Friday (April 24) that the group has had "good faith negotiations" with Mills on his legislation. And because talks with Mills are ongoing, the group is not ready to disclose its position on the bill.

But a statement from Louisiana District Attorney Association sent Friday (April 24) to NOLA.com | The Times-Picayune by the group's executive director, Pete Adams, suggested Mills' legislation won't get that organization's support. That's something Mills wasn't privy to, the senator said Friday (April 24).

The sticking factor, according to district attorney group's statement, is that the association wants the Federal Drug Administration to approve a form of medical marijuana before the state starts dispensing it. Mills' argument to that has been that the federal agency is too "big and cumbersome," and approval for the drug could take six months -- or it could take six years.

"To be waiting on the FDA to get us relief when there's relief out there for patients -- that's not a responsible medical solution," said Mills Friday, in response to the district attorney group's statement. "When do we wait for the federal government to take care of state issues?" Mills added.

He will continue, however, to work with the organization on getting the legislation in a posture they could possibly support, he said.

Who's On Board

A somewhat surprising supporter of the idea behind Mills' legislation comes from the fourth floor of the State Capitol: Gov. Bobby Jindal. In January 2014, the socially conservative governor made headlines when he indicated he would not oppose medical marijuana, provided it was tightly constrained and regulated.

Debate on the issue would be a nonstarter without the possibly of Jindal's support, since a veto from the governor would kill it, anyway.

Jindal confirmed on Thursday (April 23) his position on the subject hasn't changed.

"I'm opposed to the legalization of marijuana," he said. "However, for medical purposes, as long as there's a legitimate medical need and it's tightly controlled...we could be OK with signing legislation that was passed to do that."

The governor added he would oppose a scenario, "where it could be abused for recreational purposes."

While it might not help Mills in at a committee meeting, it's clear the majority of Louisiana residents support legalizing medical marijuana. The 2015 Louisiana Survey -- conducted by the Reilly Center for Media and Public Affairs and LSU Public Policy Research Lab -- found 60 percent of respondents support legalizing marijuana for medical purposes. That lead has shrunk significantly since last year, though, when 79 percent of people said they supported it.

The only other member besides Mills who voted in 2014 to advance his legislation out of committee was state Sen. Yvonne Dorsey-Colomb, D-Baton Rouge.

Sen. Dan Claitor, R-Baton Rouge, made the motion to kill it, a move supported by Sen. R.L. "Bret" Allain, R-Franklin; Sen. Sherri Smith Buffington, R-Keithville; Sen. Dale Erdey, R-Livingston; Sen. Elbert Guillory, R-Opelousas; and Sen. Ben Nevers, R-Bogalusa.

The Hurdle

The task Mills must accomplish to get the support of his colleagues and the law enforcement lobbying groups is to debunk the incorrect notion -- in Mills' mind -- that legalizing a medical marijuana dispensary would lead to full-on legalization of the drug.

For example, when Louisiana Attorney General Buddy Caldwell testified against Mills' medical marijuana legislation last year, he mentioned drugs, including marijuana, were involved in 85 percent of the murder and rape cases he prosecuted as a district attorney.

A visibly exasperated Mills responded, at the time: "We're not talking about rape and murder ... We're talking about people with cancer."

Caldwell later admitted from the witness table that he hadn't read the full bill.

"If we can narrowly focus this on strictly medical marijuana, and its produced for medical marijuana purposes, and it's dispensed for medical marijuana purposes -- I think we'll find some common ground," Mills said.

He cautiously piggybacked the statement by adding: "Now we'll find out when the bill gets heard in (committee)."

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Full Article: Medical marijuana in Louisiana: So you're telling me there's a chance? | NOLA.com
Author: Emily Lane
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