THE BENEFITS OF DECRIMINALIZING MARIJUANA USE IN MARYLAND

Maryland is one out of the 11 states to include provisions for the use
of medical marijuana in their drug laws. In 2003, former Governor
Robert Ehrlich signed the medical marijuana affirmative defense law
which allows defendants to make a case based on their medical need.
Although Maryland is one of the more progressive states to pass such a
clause, it still has some of the harshest penalties for recreational
use and medical marijuana users can only make their defense after an
arrest.

Despite the urging of President George W. Bush, Ehrlich signed the
bill into law, allowing a defendant to make a case based on his or her
medicinal need. If the jury accepts the defendant's medicinal need,
then the maximum penalties that can be enforced is a $100 fine.
Compared to the one year in prison and $1,000 fine that recreational
users face for possession of any amount, this is quite lenient.

The cultivation of fifty pounds or less is a felony which is
punishable by up to five years in prison and a $15,000 fine, but one
Prince George's County man has already successfully made a case for
the use of medical marijuana. After a search warrant was issued, local
police officers found thirty marijuana plants in his basement. The man
now faces felony distribution and cultivation charges which would
probably result in jail time and fines.

John Katz, P.C., a criminal defense attorney, began to prepare a
medical marijuana case based on his client's severe sleep apnea. After
consulting numerous medical marijuana experts and physicians, he was
able to present a comprehensive report to the judge. Since the police
reports showed no evidence of intent to distribute the marijuana, the
man was able to make a successful case to the judge who agreed that
grounds for the use of medical marijuana were established. The man had
to pay the $100 fine plus $145 for the court fees.

This judgment set a precedent for medical marijuana users in Maryland.
Hopefully, as Maryland's view towards cannabis matures, it will become
more widely accept as it is in California. Proposition 215, which
passed on Nov. 5, 1996 in California, exempts patients and caregivers
from criminal laws prohibiting possession and cultivation of
marijuana, protects physicians who prescribe cannabis, and declares
that the measure is not meant to encourage non-medicinal marijuana use
and cultivation. Although the law is in place at the state level in
California, the federal government does not recognize Proposition 215
because of the Supremacy Clause of the Constitution which gives states
the right to govern any area where the federal law does not cover.
Recently, the Bush administration has taken a harder stance on medical
marijuana, raiding multiple dispensaries throughout California. The
Drug Enforcement Agency (DEA) raided the Los Angeles Cannabis Resource
center, arresting its directors. In a landmark decision, Judge Howard
Matz sentenced each man to one year probation and a $100 fine, the
minimum punishment allowed by California law. During the proceedings,
Judge Matz said the federal prosecution was "badly misguided" and that
he was confused why the Department of Justice was using its limited
resources in such a way. [Another landmark case went all the way to
the Supreme Court.] Gonzales v. Raich reversed the Federal position by
arguing that the cultivation of marijuana was outside the Federal
regulatory scheme of interstate commerce. Although the federal
government cannot regulate interstate commerce, the Supreme Court
rejected this position, but Justice O'Connor did write in her
dissenting option that, "This case exemplifies the role of states as
laboratories."

With more and more states enacting laws allowing medical marijuana,
conflicts between state and federal government will become more
pronounced. What does this mean for the campaign? Neither mainstream
candidate is explicitly in favor of medical marijuana provisions, but
both have expressed their view that the War on Drugs has failed
America and its citizens.

When asked by an active duty police officer if he thought the War on
Drugs was a failure, McCain responded that he'd support a very small
increment of reform, stating that "too often we put first-time drug
users in prison." Despite this concession, McCain is a staunch
prohibitionist, following in the footsteps of the Bush
administration.

Obama has been more open about his past use of marijuana and even
cocaine, writing openly about it in his autobiography. Although he has
made no action to back it up, Obama has said that he is in favor of
medical marijuana, stating that, "I don't think that should be a top
priority of [the U.S ], raiding people who are using medical
marijuana," and that it is "...not a good use of Justice Department
resources."

With the renewed debate between the federal and state governments, the
next presidential candidate could have his signature on the bill
legalizing the use of marijuana. At the moment, a bill is still in
deliberation in Congress that would completely decriminalize the
possession, use, and not-for-profit transfer of up to 100 grams. This
is a landmark bill, but it is still gridlocked in the committee
process of the House of Representatives. Known as H.R. 5843, the bill
would remove any federal penalties for recreational use and
possession. This would allow states to decide their own laws on
cannabis, a big win for state's rights.

Although both bills face harsh criticism, it is important that the
government keeps deliberating. If you believe that the War on Drugs
has failed or that the idea that we lock up recreational pot smokers
is ridiculous, then send a quick message to your Senators and
representatives and tell them to vote 'yes' on H.R. 5843. NORML has a
form that should make things easier (http://capwiz.com/norml2/home/).