MEDICAL MARIJUANA

Our View: Maryland Is Sending Mixed Messages About The Use Of
Marijuana For People With Serious Illnesses Who Are In Need Of Relief

For patients suffering from cancer and other debilitating illnesses,
the medical use of marijuana can relieve symptoms such as pain,
inflammation and nausea in many cases. Currently, 13 states,
including California, Colorado, Maine, Michigan, Rhode Island and
Vermont, allow the medical use marijuana with a doctor's approval or
certification. And although possession of the drug remains illegal
under federal law, U.S. Attorney General Eric Holder said last week
that the Justice Department will no longer go after small
dispensaries that sell cannabis for medical use so long as they
comply with state laws.

For all these reasons, a bill sponsored by Montgomery County Del.
Henry B. Heller that would require the state Department of Health
and Mental Hygiene to rethink Maryland's policy on medical marijuana
deserves serious consideration.

Delegate Heller's bill does not propose legalizing marijuana; it
would not give drug dealers a license to peddle their wares. Rather,
it would create a task force of health professionals to study the
legal and practical implications of allowing marijuana to be used
solely for medical purposes. At the very least, it would encourage
officials to confront the glaring inconsistencies in state law so
that patients, physicians and operators of medical marijuana
dispensaries would know exactly where they stood.

Right now, the state is sending mixed signals about the legality of
marijuana for medical use. In 2003, the General Assembly sharply
reduced penalties for patients convicted of marijuana possession if
they could prove a medical necessity in court. But people with
serious illnesses can still be arrested and fined up to $100 for
possession, even if they prove a medical necessity. Mr. Heller says
the 2003 law has had the unintended consequence of giving people a
"false sense of security." He cites constituents in a senior
citizens home who say they want to use marijuana to relieve symptoms
of major illnesses but don't want to break the law.

As Maryland's population ages and more people experience chronic
health problems that could be successfully treated with medical
marijuana, state officials will need to draw a bright line between
legal and illegal use of the drug that sends a consistent message
to the public. The study proposed by Delegate Heller is a first step
toward a resolution of this matter.