Medical Marijuana

FOR IMMEDIATE RELEASE                                                                                 April 11, 2011

Maryland Legislature Passes Medical Marijuana Defense Bill

Senate approval sends measure to desk of Governor Martin O’Malley

CONTACT: Morgan Fox, communications manager………………………….202-905-2031 or [email protected]

ANNAPOLIS – In all likelihood, Maryland will soon become the 16^th state to remove criminal penalties for the use of marijuana for medical purposes. The Maryland Senate passed an affirmative defense bill last month removing criminal penalties from patients who use marijuana to relieve the effects of debilitating medical conditions. After the House of Delegates approved an amended version of the bill over the weekend, the Senate today approved those amendments, sending the bill to Governor Martin O’Malley. Aides to the governor have indicated publicly he would sign a medical marijuana defense bill. 

“With the passage of this bill, the General Assembly has let seriously ill patients know they are not criminals for seeking relief from their pain and suffering,” said Senator David Brinkley, the primary sponsor of the Senate bill.” It will also establish a framework to build on in moving forward with more comprehensive solutions so that some day soon patients will be able to obtain their medicine in dignity and not on street corners. I thank my colleagues in both chambers for today’s compassionate vote.”

In its current form, the bill, SB 308, allows individuals diagnosed with debilitating medical conditions, such as cancer or multiple sclerosis, to avoid conviction if charged with the non-public use or possession of one ounce or less of marijuana. An existing sentencing mitigation would remain part of the law, meaning patients who don’t qualify for the full affirmative defense would still have the opportunity to present evidence of medical necessity and have their sentence reduced to a $100 fine. In addition, a work group consisting of medical, legal, and law enforcement experts would be convened to recommend more comprehensive legislation next year. The bill represents a compromise after the Secretary of the Department of Health and Mental Hygiene objected to a more robust proposal calling for state-regulated dispensaries due to the cost of implementation.

“Today’s vote is a move toward compassion for those who might benefit from this drug,” said Delegate Dan Morhaim, the bill’s House sponsor and the General Assembly’s only licensed physician. “A growing body of evidence suggests marijuana is helpful in treating certain conditions, and seriously ill people who use marijuana to treat such conditions on the advice of their physician should not be considered criminals.”

“Under current law, patients using medical marijuana in Maryland face criminal arrest, prosecution and conviction,” said Sen. Jamie Raskin, one of the sponsors in the Senate. “Although judges can reduce the penalty to $100 in these cases, we heard testimony from patients who said they have lost their jobs and were haunted for life by being branded as criminals. This legislation declares that severely ill people using medical marijuana are not criminals and will have the opportunity to establish medical necessity as a defense to a possession charge.  The removal of this threat and the creation of a work group to develop a Maryland model for a comprehensive medical marijuana regime moves us closer to the broader goal of giving patients in Maryland a legal way to obtain doctor-recommended medicine.” 

Advocates were also encouraged by the compromise. “This isn’t a permanent solution, and it’s not everything that patients need, but it allows people suffering from debilitating conditions to sleep a little easier tonight while they wait for full protections,” said Dan Riffle, a legislative analyst with the Marijuana Policy Project.

With more than 124,000 members and supporters nationwide, the Marijuana Policy Project is the largest

marijuana policy reform organization in the United States. For more information, please visit www.mpp.org.

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FOR IMMEDIATE RELEASE                                                                                 April 8, 2011

Medical Marijuana Defense Bill Passes Maryland House Judiciary Committee

Floor Vote Likely for Bill to Remove Criminal Penalties for Medical Marijuana

CONTACT: Morgan Fox, communications manager………………………….202-905-2031 or [email protected]

ANNAPOLIS – The Maryland House of Delegates Judiciary Committee approved a bill yesterday, SB 308, which would allow patients who use marijuana to treat a medical condition to use a medical necessity defense in court. The bill would also create a panel to advise the legislature on best practices for creating a medical marijuana program in 2012. The Senate passed the bill by a 41-6 vote on March 24, and will need to approve the bill again because of amendments made by the Judiciary Committee. Yesterday’s committee vote was the biggest obstacle advocates faced in their quest to remove criminal penalties from medical marijuana users.

Sponsors of the measure had originally hoped to pass comprehensive medical marijuana legislation that would have established dispensaries throughout the state and protected patients from arrest, but that plan was derailed when the Secretary of the Department of Health and Mental Hygiene voiced concerns over cost of implementation. In its current form, SB 308 allows patients with certain qualifying medical conditions to use an affirmative defense when charged with marijuana possession if they used marijuana due to a medical necessity. The defense would not apply if the person possessed more than one ounce of marijuana or used marijuana in a public place. While the compromise bill is not as robust as the original legislation, it is the first time since 2003 that a bill to add protections for medical marijuana patients will receive a floor vote in the House of Delegates.

"While we had hoped to see a full medical marijuana law on par with those in 15 other states, it’s encouraging that the legislature is moving toward the goal of protecting patients from arrest and providing legal access to doctor-recommended medicine,” said Dan Riffle, legislative analyst for the Marijuana Policy Project. “I congratulate the sponsors and committee leaders for their ability to compromise swiftly and shepherd this bill to the House floor. This vote is a major victory and paves a clear path to the Governor’s desk."

Medical marijuana is permitted in 15 states and the District of Columbia, and many more are currently considering legislation to allow its use under tightly controlled conditions, including Delaware and Connecticut. Such laws already exist in Rhode Island and New Jersey, where medical marijuana distribution centers were recently awarded licenses and should be up and running later this year.

With more than 124,000 members and supporters nationwide, the Marijuana Policy Project is the largest marijuana policy reform organization in the United States. For more information, please visit www.mpp.org.

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