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Medical use of marijuana

This issued died -- at least for 2007 -- when the bill passed a House committee, was placed on the Calendar for the Day -- but did not come up for a final vote in the House before it adjourned for the year.

The bill would allow a doctor to prescribe medical marijuana to a patient, but would not legalize its use. Although the measure appears to have support in the health care community, law enforcement organizations have testified against it, saying federal law prohibits marijuana, and approving the bill will send the wrong message to young people.

More from MPR:
House authors debate issue with Dakota County Attorney James Backstrom (MPR Midday) (03/08/2007)
Over police objections, House committee OKs medical marijuana bill (Star Tribune) (03/19/2007)

SORT VOTES BY: Name | District | Party | Vote
House Ways and Means Committee approval
May 7, 2007 (SF345)

The bill passed the committee on a 14-to-9 vote.

Result: Passed

Legislator Party District Vote
Kathy Brynaert DFL 23B AGAINST
Lyndon Carlson DFL 45B FOR
Karen Clark DFL 61A FOR
Matt Dean Republican 52B AGAINST
Kent Eken DFL 02A FOR
Ron Erhardt Republican 41A AGAINST
Bob Gunther Republican 24A AGAINST
Bill Hilty DFL 08A FOR
Thomas Huntley DFL 07A FOR
Phyllis Kahn DFL 59B FOR
Margaret Anderson Kelliher DFL 60A FOR
Ann Lenczewski DFL 40B AGAINST
Carlos Mariani DFL 65B FOR
Denny McNamara Republican 57B AGAINST
Erin Murphy DFL 64A FOR
Mary Murphy DFL 06B AGAINST
Dennis Ozment Republican 37B FOR
Erik Paulsen Republican 42B AGAINST
Anthony Sertich DFL 05B FOR
Loren Solberg DFL 03B FOR
Steve Sviggum Republican 28B FOR
Marsha Swails DFL 56B AGAINST
Ken Tschumper DFL 31B FOR
Senate final passage
May 3, 2007 (SF345)

The bill allowing the use of medical marijuana passed on a 35-to-29 vote.

Result: Passed

Legislator Party District Vote
Ellen R. Anderson DFL 66 FOR
Thomas M. Bakk DFL 06 FOR
Linda Berglin DFL 61 FOR
Don Betzold DFL 51 FOR
Terri Bonoff DFL 43 FOR
Jim Carlson DFL 39 FOR
Satveer Chaudhary DFL 50 FOR
Tarryl Clark DFL 15 FOR
Richard J. Cohen DFL 64 FOR
Dick Day Republican 26 AGAINST
D. Scott Dibble DFL 60 FOR
John Doll DFL 40 FOR
Sharon Erickson Ropes DFL 31 FOR
Michelle L. Fischbach Republican 14 AGAINST
Leo T. Foley DFL 47 FOR
Dennis R. Frederickson Republican 21 AGAINST
Chris Gerlach Republican 37 AGAINST
Joe Gimse Republican 13 AGAINST
David Hann Republican 42 AGAINST
Linda Higgins DFL 58 FOR
Bill Ingebrigtsen Republican 11 AGAINST
Debbie J. Johnson Republican 49 FOR
Michael J. Jungbauer Republican 48 AGAINST
Amy Koch Republican 19 AGAINST
Paul E. Koering Republican 12 FOR
Gary W. Kubly DFL 20 AGAINST
Keith Langseth DFL 09 AGAINST
Dan Larson DFL 63 FOR
Ron Latz DFL 44 FOR
Warren Limmer Republican 32 AGAINST
Tony Lourey DFL 8 FOR
Ann Lynch DFL 30 AGAINST
John Marty DFL 54 FOR
James P. Metzen DFL 39 FOR
Geoff Michel Republican 41 FOR
Mee Moua DFL 67 FOR
Steve Murphy DFL 28 FOR
Thomas M. Neuville Republican 25 AGAINST
Rick Olseen DFL 17 AGAINST
Gen Olson Republican 33 AGAINST
Mary Olson DFL 4 AGAINST
Sandra L. Pappas DFL 65 FOR
Pat Pariseau Republican 36 AGAINST
Lawrence J. Pogemiller DFL 59 FOR
Yvonne Prettner Solon DFL 07 FOR
Ann H. Rest DFL 45 FOR
Claire A. Robling Republican 35 AGAINST
Julie A. Rosen Republican 24 AGAINST
Sandy Rummel DFL 53 AGAINST
Kathy Saltzman DFL 56 FOR
Tom Saxhaug DFL 03 AGAINST
Linda Scheid DFL 46 FOR
David H. Senjem Republican 29 AGAINST
Kathy Sheran DFL 23 AGAINST
Katie Sieben DFL 57 FOR
Rod Skoe DFL 02 AGAINST
Dan Skogen DFL 10 AGAINST
Dan Sparks DFL 27 FOR
David J. Tomassoni DFL 05 FOR
Patricia Torres Ray DFL 62 FOR
Ray Vandeveer Republican 52 AGAINST
Jim Vickerman DFL 22 AGAINST
Betsy L. Wergin Republican 16 AGAINST
Charles W. Wiger DFL 55 FOR
Senate approval
May 1, 2007 (SF345)

The bill passed on a vote of 33-31.

Result: Passed

Legislator Party District Vote
Ellen R. Anderson DFL 66 FOR
Thomas M. Bakk DFL 06 FOR
Linda Berglin DFL 61 FOR
Don Betzold DFL 51 FOR
Terri Bonoff DFL 43 FOR
Jim Carlson DFL 39 FOR
Tarryl Clark DFL 15 FOR
Richard J. Cohen DFL 64 FOR
Dick Day Republican 26 AGAINST
D. Scott Dibble DFL 60 FOR
Steve Dille Republican 18 AGAINST
John Doll DFL 40 FOR
Sharon Erickson Ropes DFL 31 FOR
Michelle L. Fischbach Republican 14 AGAINST
Leo T. Foley DFL 47 FOR
Dennis R. Frederickson Republican 21 AGAINST
Chris Gerlach Republican 37 AGAINST
Joe Gimse Republican 13 AGAINST
David Hann Republican 42 AGAINST
Linda Higgins DFL 58 FOR
Bill Ingebrigtsen Republican 11 AGAINST
Debbie J. Johnson Republican 49 FOR
Michael J. Jungbauer Republican 48 AGAINST
Amy Koch Republican 19 AGAINST
Paul E. Koering Republican 12 FOR
Gary W. Kubly DFL 20 AGAINST
Keith Langseth DFL 09 AGAINST
Dan Larson DFL 63 FOR
Ron Latz DFL 44 FOR
Warren Limmer Republican 32 AGAINST
Tony Lourey DFL 8 FOR
Ann Lynch DFL 30 AGAINST
John Marty DFL 54 FOR
James P. Metzen DFL 39 FOR
Geoff Michel Republican 41 FOR
Mee Moua DFL 67 FOR
Steve Murphy DFL 28 FOR
Thomas M. Neuville Republican 25 AGAINST
Rick Olseen DFL 17 AGAINST
Gen Olson Republican 33 AGAINST
Mary Olson DFL 4 AGAINST
Julianne E. Ortman Republican 34 AGAINST
Sandra L. Pappas DFL 65 FOR
Pat Pariseau Republican 36 AGAINST
Lawrence J. Pogemiller DFL 59 FOR
Yvonne Prettner Solon DFL 07 FOR
Ann H. Rest DFL 45 FOR
Claire A. Robling Republican 35 AGAINST
Julie A. Rosen Republican 24 AGAINST
Sandy Rummel DFL 53 AGAINST
Kathy Saltzman DFL 56 FOR
Tom Saxhaug DFL 03 FOR
David H. Senjem Republican 29 AGAINST
Kathy Sheran DFL 23 AGAINST
Katie Sieben DFL 57 FOR
Rod Skoe DFL 02 AGAINST
Dan Skogen DFL 10 AGAINST
Dan Sparks DFL 27 AGAINST
David J. Tomassoni DFL 05 FOR
Patricia Torres Ray DFL 62 FOR
Ray Vandeveer Republican 52 AGAINST
Jim Vickerman DFL 22 AGAINST
Betsy L. Wergin Republican 16 AGAINST
Charles W. Wiger DFL 55 FOR
Senate Finance Committee approval
April 27, 2007 (SF345)

The bill cleared its final hurdle before going to the Senate floor when the Senate Finance Committee approved it on a voice vote.

Result: Passed

Senate Judiciary Committee approval
April 10, 2007 (SF345)

(From Senate Briefly)
S.F. 345, sponsored by Sen. Steve Murphy (DFL-Red Wing), defines "debilitating medical condition" to include cancer, glaucoma, AIDS, hepatitis C, Tourette's Syndrome, or chronic conditions that produce intractable pain, severe nausea, seizures or severe muscle spasms. It permits qualifying patients and primary caregivers to possess up to 2.5 ounces of marijuana. Marijuana may only be purchased from registered organizations, which may possess up to 12 plants and 2.5 ounces of usable marijuana per patient they serve. Under the bill, patients may qualify only if a practitioner with whom they have a bona fide relationship provides a written recommendation that marijuana use could be beneficial for the patient. The bill makes it a gross misdemeanor to make fraudulent representations to law enforcement about medical marijuana use. If a qualified patient or primary caregiver makes fraudulent representations, the person is permanently banned from participating in the medical marijuana program. The bill also makes it a felony for a patient to sell or transfer the patient's identification card or marijuana obtained under medical pretenses.

"Marijuana is a drug," said Tom Lehman, representing Minnesotans for Compassionate Care. It is not to be abused or taken lightly, he said. This bill provides a safe harbor for a limited number of people, Lehman said, who may find it medically helpful. Beyond anecdotal stories from other states, numerous medical journals have reported the efficacy of marijuana in medical settings, he said. Lehman said children should not be underestimated. They are smart enough to know the difference between doctor-recommended marijuana use in a hospice and illicitly-obtained marijuana smoked in an alley, he said. Murphy stressed the limited number of conditions that permit patients to qualify. These are people with a grim outlook who should have one more option to manage their pain, he said.

Representatives of law enforcement spoke against the bill. Twelve plants is a lot of marijuana per patient, said Robert Bushman, Minnesota Police and Peace Officers Association. It is far more than is reasonably needed, he said. Bushman said it is hard for patients and physicians to regulate the dose of THC, the principal active chemical, with smoked marijuana. States with medical marijuana laws have experienced significant over-recommending by physicians, he said. A lot of life-saving drugs have been developed but recalled or banned because of their public health risks, said Pete Jansky, Minnesota Chiefs of Police Association. The bill creates an unnecessary exception for marijuana, he said. James Backstrom, Minnesota County Attorneys Association, said the medical marijuana use will result in increased illegal use. This bill has significant internal contradictions, said Public Safety Commissioner Michael Campion. The lack of medical value in marijuana alone, he said, leads the Dept. of Public Safety, the Dept. of Health and the Governor's Office to oppose the measure.

Members adopted three amendments to the bill, all offered by Sen. Linda Higgins (DFL-Mpls.). The first amendment was primarily technical. One substantive change in the amendment clarifies that medical marijuana may not be smoked where the smoke may be inhaled by a minor. The second amendment clarifies that the bill does not permit the possession of marijuana on school grounds, prohibits qualifying patients from being affiliated with registered organizations, and requires registered organizations to grow marijuana only indoors. The third amendment removes a limit on the potency of marijuana dispensed. Higgins said the potency limit was unworkable.

Higgins also offered an amendment removing limits on how much marijuana a patient may receive in a 15-day period. The amendment failed on an announced tie. Sen. Thomas Neuville (R-Northfield) offered an amendment reducing the number of plants a registered organization may have from 12 per patient to four per patient. The amendment was not adopted.

In closing comments, Neuville said that while he has compassion for the patients targeted by the bill, there are too many problems with the measure. There is no regulation of price, he said, and no limit on how many registered organizations may exist to grow marijuana. Neuville said the appropriate forum to discuss permitting limited use of marijuana is at the federal level. The federal government can regulate marijuana growth, permit physicians to prescribe marijuana and provide for its dispensation by pharmacies, he said.

The measure was approved on a 5-4 roll call vote.

Result: Passed

House Public Safety and Civil Law Committee approval
March 19, 2007 (HF655)

The committee approved the bill by an 11-to-8 vote after an amendment was added taking away a provision that would have allowed individual patients to grow their own marijuana.

Result: Passed


More from MPR:
Over police objections, House committee OKs medical marijuana bill (Star Tribune) (03/19/2007)

House Health and Human Services Committee approval
March 9, 2007 (HF655)

Proponents characterized the bill as "tightly crafted." They said it would allow physicians and other health care providers to prscribe the drug for "debilitating medical conditions" such as cancer, glaucoma, intractible pain and HIV. Opponents contested its medicinal efficacy and warned committee members of further spread of the drug.

Result: Passed

Senate Health, Housing, and Family Security Committee approval
February 14, 2007 (SF345)

Sen. Steve Murphy (DFL-Red Wing) authored the bill. S.F. 345 has strong support from healthcare professionals, Murphy said. The program will be modeled after programs in other states, Murphy said. Currently 11 other states allow medical use of marijuana, he said. This is a health issue, it's about helping people manage their pain, Murphy said. James Backstrom, county attorney for Dakota County, said the Minnesota County Attorney's Association and law enforcement officials across the state oppose the bill. There is no proven medical value of smoking marijuana; it is a dangerous and addictive drug that poses dangers to users, he said. Brackstrom also said that while the bill would allow medical use of marijuana, it would still be illegal under federal law. (From Senate Briefly)

Result: Passed

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