New York lawmakers have passed a bill that will make the state the 23rd in the country to legalize medical marijuana.
The approval in the state Senate, on a 49-10 vote, was accompanied by approval by the Democrat-controlled state Assembly, which voted 117-13 for a program of allowing the dispensation of medical marijuana, subject to a number of strict controls. The governor has agreed to sign it into law since it prohibits dispensing for smoking.
New York's measure will be "the strongest, most regulated medical marijuana statute in the country," Democratic state Sen. Diane Savino (D-Staten Island) said.
Under measures meant to control medical marijuana from "seed to sale," there would be severe criminal punishments for patients, physicians or providers abusing the new law, its supporters said.
The bill specifically bans selling medical marijuana in any form that that can be smoked; only types that can be ingested through pills, oils, food or by vaporization will be allowed.
Many Republicans in the senate said they changed their minds on the bill because of the possibility of medical marijuana easing pain in people suffering from illness.
"If you were to tell me at the beginning of this session that I would be voting yes on this legislation, I would say, 'No way,' " said Senate Republican co-leader Dean Skelos (R-Rockville Centre), who insisted on the smoking ban in the bill. "But life is a journey ... and at times we all should be a little more flexible, a little more compassionate."
Foes of the measure warned of the possibility of it leading to an increase in drug addiction and of legalizing a "gateway" drug that could lead young people to try more dangerous drugs like heroin.
"The message we are sending," said Republican state Sen. John DeFrancisco (R-Syracuse), "is really the wrong message."
In addition to the ban on medical marijuana that can be smoked, the bill limits the diseases for which it can be prescribed. It also gives the New York governor's office the right to unilaterally order a suspension of the program if such is recommended by the state police superintendent and the Health Department.
In its current form, the measure will permit medical marijuana to be prescribed to sufferers of 10 serious conditions and illnesses, including cancer, AIDS and HIV, Parkinson's and Huntington's disease, Lou Gherig disease, epilepsy, multiple sclerosis and some forms of spinal cord injuries.
Doctors will be required to receive training and certification from the state, and will be the only people allowed to prescribe the drug.
Patients receiving medical marijuana prescriptions will also be required to register with the state.
The bill does not require that insurance companies offer coverage for the drug, which will be subject to a 7 percent state sales tax. It will still take about 18 months before the bill goes into effet because the state health department has to work on regulations for dosage, certify doctors and license groups that will grow and distribute the medical marijuana.
