House Concurrent Resolution 165

HOUSE CONCURRENT RESOLUTION NO. 165

(By Delegates Manypenny, Brown, Fleischauer, Fragale,

Guthrie, Hatfield, Moore, Reynolds, Staggers,

Talbott and Wells)

Requesting that the Joint Committee on Government and Finance authorize a study on medical marijuana in this state.

Whereas, Modern medical research has discovered a beneficial use for medicinal marijuana in treating or alleviating the pain or other symptoms associated with certain debilitating medical conditions, including, but not limited to, cancer, multiple sclerosis, epilepsy, Crohn's disease, wasting disease, severe pain and seizures as found by the National Academy of Sciences' Institute of Medicine in March 1999; and

Whereas, The American Association of Retired Persons magazine performed a poll of its members in 2004 on whether they approved of allowing to permit doctors to prescribe marijuana, and seventy-two percent of those polled approved of doctors prescribing medical marijuana to patients with debilitating diseases; and

Whereas, Although federal law currently prohibits the use of marijuana, the laws of Alaska, California, Colorado, Hawaii, Maine, Michigan, Montana, Nevada, New Mexico, Oregon, Rhode Island, Vermont and Washington permit the use of marijuana for medical purposes, and in Arizona doctors are permitted to prescribe marijuana; and

Whereas, According to the United States Sentencing Commission and the Federal Bureau of Investigation, ninety-nine percent of marijuana arrests in this nation are made under the laws of states, rather than under federal law, therefore changing the law of this state on this subject could have the practical effect of protecting from arrest seriously ill people who have a medical need to use marijuana; and

Whereas, The Legislature is committed to evaluating the use of appropriate pain therapy techniques as those develop within various regulated clinical environments and applying those methodologies in this state to provide a variety of appropriate and cost-effective pain therapy for the citizens of this state; therefore, be it

Resolved by the Legislature of West Virginia:

That the Joint Committee on Government and Finance is hereby requested to authorize a study on medical marijuana in this state; and, be it

Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2012, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it

Further Resolved, That the Legislative expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.