Patients beset by cancer, multiple sclerosis and muscular dystrophy asked lawmakers yesterday to approve a bill that would allow them to use marijuana to help ease the symptoms of their diseases and the side effects of their treatment.

Several dozen advocates, wearing stickers proclaiming "Patients not criminals support HB648!" attended a House Health, Human Services and Elderly Affairs Committee hearing yesterday on a bill that would allow patients who earn a doctor's recommendation to possess a small amount of marijuana without fear of prosecution.

Rep. Evalyn Merrick of Lancaster, who smoked marijuana to ease her own nausea during cancer treatment several years ago, said she sponsored the bill to help the many New Hampshire patients who suffer from debilitating illness and can find no relief through traditional medical treatments.

"They are law-abiding citizens whose only wish is to find healing or even a few minutes of relief from their suffering . . . without the fear of being labeled a criminal," she said. "It is for these individuals that I have introduced this bill."

Many such patients testified yesterday, explaining how medical marijuana - in many cases illegally obtained - had helped ease the pain, nausea or lack of appetite associated with life-threatening diseases. They asked the state to allow doctors and patients to choose the drug as a treatment option, when appropriate.

A lawyer from Attorney General Kelly Ayotte's office told lawmakers that Ayotte opposed the bill. She argued that until federal drug regulators deem the drug safe and effective, the risks of encouraging its use outweigh the possible drawbacks.

"She is concerned that sanctioning the medical use of marijuana might increase the general use," said Karin Eckel, an assistant attorney general.

But nearly all of the lengthy testimony yesterday was in support of the bill, which would allow patients with certain conditions and poor response to traditional treatments to seek a physician's recommendation to try marijuana.

Both doctor and patient would need to register with the state, and every patient would be limited to 2 ounces and six mature plants at any time. Patients would be permitted to designate a caretaker who would obtain, store or grow the drug on their behalf, and that person would also be insulated from prosecution.

Clayton Holton, 24, of Somersworth, said the muscle relaxants and pain medications he'd been prescribed for his muscular dystrophy never worked and came with significant side effects. He said that his struggles to maintain his weight - at one point he reached a low of 69 pounds - led one doctor to suggest a feeding tube.

Holton said he moved to California, where he was able to obtain medical marijuana. The drug worked where others had failed. Within two months, he gained 20 pounds.

But Clayton said that New Hampshire's ban on the use of the drug has led to several sticky situations. He has been robbed several times when trying to purchase the drug. "I'm in a wheelchair," he said. "I'm unable to defend myself. People take advantage of me.

Holton said he worries about possible arrest and has considered a permanent move from the state. Thirteen states permit the use of medical marijuana for eligible patients, including Maine, Vermont and Rhode Island.

"I've done nothing wrong," he said. "I was born with this disease, and it's the only thing that helps me survive."

The bill does not establish a legal system for patients to obtain marijuana, which is illegal to posess, buy or sell under state and federal law. The medical marijuana law would allow patients to own or grow their own drug, but it would not allow them to buy drugs from dealers on the street.

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