[420 Girl]

CONCORD – A bill to legalize the medical use of marijuana took a small but important step forward Wednesday.

A 13-7 supportive vote of the House Health, Human Services and Elderly Affairs Committee sent an amended bill (HB 648) to the House of Representatives for debate next week.

“We’re very happy. We think the committee took its time,” said Matthew Simon, executive director of the New Hampshire Coalition for Common Sense Marijuana Policy.

The bill makes legal possession of up to six plants and 2 ounces of useable marijuana for someone with a debilitating medical condition who has the approval of a physician.

Those getting it have to cultivate the marijuana plants at home or get another eligible patient who has a surplus of it to give them some.

“Access could be a problem, but they will be happy not to be criminals,” Simon said.

State Rep. Cindy Rosenwald, D-Nashua, said this was a more narrowly drawn bill than one she opposed two years ago.

“This is still against federal law. The people using marijuana also know that and that is a risk they are willing to take,” Rosenwald said.

“I came to a conclusion for myself that I needed to get out of the way.’’’

Since 2000, the House has killed four such bills.

Two years ago, however, the House killed it by only a nine-vote margin and that leads supporters to be hopeful they could get this bill through the House.

Opponents stressed marijuana use was still illegal under federal law and most medical organizations oppose or have taken no position on this change.

“I just think there is no right way to do the wrong thing,” said Rep. Peter Batula, R-Merrimack.

Rep. Evalyn Merrick, D-Lancaster, authored the bill and smoked marijuana herself to treat nausea during cancer treatment several years ago.

“This bill isn’t about granting them permission or acceptance of what we are doing here,” Merrick said. “This bill is about this state and some of the people we serve.”

Gov. John Lynch is still reviewing the issue, said Colin Manning, his press secretary.

“The governor has concerns about the bill,” Manning said. “It is in conflict with federal law, and he will continue to talk to lawmakers and members of law enforcement and medical community about it.”

U.S. Attorney General Eric Holder told reporters Wednesday the federal government would not raid marijuana distributors unless they are violating federal and state laws.

During the 2008 campaign, Democratic presidential candidate Barack Obama made the same statement.

Maine, Vermont and Rhode Island are among the 13 states with medical marijuana laws.

Legislation like New Hampshire’s bill is pending before lawmakers in eight other states. The Legislature in two other states killed similar bills earlier this year.

Rep. John Cebowski, R-Bedford, said the bill would only encourage patients to buy marijuana illegally.

“This is a pure, gray market, back-alley approach to health care,” Cerbowski said.

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