MEDICAL MARIJUANA SUPPORTERS HOPE TO PRY BILL OUT OF COMMITTEE

Lawmakers who support marijuana for medicinal use are planning to employ a
rarely used parliamentary ploy today to pull a bill out of a committee and
bring it to the floor of the House of Delegates.

"The lawyers have had it long enough. It's time for the House, as a citizen
legislature, to speak," said Delegate David Brinkley, R-Frederick, one of
the bill's sponsors.

As originally drafted, the measure would allow terminally ill patients to
smoke marijuana to fight pain, build appetite and combat nausea if they
received a doctor's approval.

If the proponents are successful in bringing the bill to the floor, Mr.
Brinkley said he would offer an amendment to gut most of the bill, leaving
an "affirmative defense" provision. Patients caught with marijuana could
avoid jail time or property forfeiture by showing they have their doctor's
approval.

The original bill received a hearing in the House Judiciary Committee, but
chairman Joseph Vallario has refused to allow a vote that could bring it to
the House floor.

So backers are using a rule that allows a bill be pulled from a committee,
if 71 House members approve.

"We are going to get a floor vote on medical marijuana," Mr. Brinkley said.

And the timing comes just as the Supreme Court took testimony on a medical
marijuana issue on Wednesday.

Delegate Donald Murphy, R-Baltimore County, submitted the bill, named "The
Darrell Putman Compassionate Use Act" to honor a Woodbine man who ran a
horse and carriage service in downtown Frederick.

Mr. Putman, a conservative anti-drug Vietnam veteran, suffered from cancer
and turned to marijuana reluctantly to boost his appetite and build his
strength.

He planned to testify in favor of the bill when Mr. Murphy introduced it
last year, but he died before the start of the 2000 legislative session.
That version of the bill died in a Judiciary Committee vote.

Mr. Brinkley, a cancer survivor, is one of 28 cosponsors for the bill.
Other delegates listed as cosponsors include Louise Snodgrass, whose breast
cancer has been in remission for 4 1/2 years; B. Daniel Riley, who fought
skin cancer; and David Valderrama, whose sister died of cancer.

"If those four get up to talk about the issue, once everyone stops crying,
you might have 141 votes," Mr. Murphy said.

Both Mr. Murphy and Mr. Brinkley said the maneuver could pose political
challenges for delegates. Some delegates believe the bill runs counter to
the war on drugs.

Many protect the committee system, and would be loath to see unusual
measures taken to circumvent a chairman's authority.

But several lawmakers have seen their bills stuck in a committee because a
chairman dislikes it.

That's a power that should rest solely with the governor, Mr. Murphy said.
The governor is elected by all Marylanders. Committee chairmen aren't, he said.