SENATE MEMORIAL 50

49th legislature - STATE OF NEW MEXICO - second session, 2010

INTRODUCED BY

Cisco McSorley

A MEMORIAL

COMMEMORATING LYNN PIERSON AND ERIN ARMSTRONG FOR THEIR COURAGE AND STRENGTH TO ADVOCATE FOR LEGAL ACCESS TO MEDICAL MARIJUANA FOR THE SICK AND DYING IN NEW MEXICO AND RECOGNIZING FEBRUARY 13, 2010 AS "MEDICAL MARIJUANA DAY" IN THE SENATE.

     WHEREAS, Lynn Pierson, an Albuquerque cancer patient, advocated for the passage of a model medical marijuana program in New Mexico in 1978; and

     WHEREAS, the New Mexico legislature passed the Controlled Substances Therapeutic Research Act in 1978, establishing the Lynn Pierson therapeutic research program as a result of Lynn's advocacy efforts; and

     WHEREAS, the Lynn Pierson therapeutic research program ended in 1986 because of lack of funding; and

     WHEREAS, Erin Armstrong advocated tirelessly for the passage of New Mexico's new medical marijuana law; and

     WHEREAS, New Mexico's medical marijuana law took effect on July 1, 2007, after enactment of the Lynn and Erin Compassionate Use Act; and

     WHEREAS, in January 2009, the department of health issued rules governing production, distribution and use of medicinal marijuana under state law; and

     WHEREAS, more than one thousand patients are currently protected to possess and use medical marijuana for relief in New Mexico; and

     WHEREAS, five nonprofit organizations have been licensed by the department of health to ensure that registered patients receive a safe and secure supply of their medicine; and

     WHEREAS, the department of health accepts applications for registry identification cards for possession and use of medical marijuana to persons with serious and debilitating medical conditions, including acquired immunodeficiency syndrome, human immunodeficiency virus infections, cancer, epilepsy, glaucoma, multiple sclerosis, spinal cord injury with intractable spasticity, admittance into hospice care, painful peripheral neuropathy, intractable nausea or vomiting, severe anorexia or cachexia, hepatitis C while currently receiving antiviral treatment, Crohn's disease, posttraumatic stress disorder, amyotrophic lateral sclerosis, also known as Lou Gehrig's disease, and severe chronic pain; and

     WHEREAS, any medical doctor, doctor of osteopathy or nurse practitioner licensed to prescribe medicine in New Mexico is eligible to write a recommendation for qualified patients to register in the state's medical cannabis program; and

     WHEREAS, the Obama administration released new guidelines in October 2009, directing federal drug agents not to arrest or harass medical marijuana patients and their sanctioned suppliers in states that have approved the medicine as long as the patients and suppliers are following their state's medical marijuana law; and

     WHEREAS, New Mexico law enforcement agencies recognize that state law protects patients who have registered with the department of health for possession of medical marijuana in the medical cannabis program; and

     WHEREAS, New Mexico is among fourteen states that have passed laws that permit individuals living with a serious or chronic illness to use medical marijuana as recommended by a licensed physician and as used according to state and local regulation; and

     WHEREAS, the states of New Jersey, Rhode Island and Maine have passed medical marijuana statutes modeled after the Lynn and Erin Compassionate Use Act; and

     WHEREAS, the Lynn and Erin Compassionate Use Act passed by the legislature has become the model legislation for the nation;

     NOW, THEREFORE, BE IT RESOLVED BY THE SENATE OF THE STATE OF NEW MEXICO that Lynn Pierson and Erin Armstrong be commemorated for their courage to advocate for legal access to medical marijuana for the sick and dying in New Mexico and that February 13, 2010 be recognized as "Medical Marijuana Day" in the senate; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the director of the drug policy alliance, the harm reduction program manager and the coordinator of the medical cannabis program at the department of health, to the family of Lynn Pierson and to Erin Armstrong.

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