MEDICAL MJ COP-OUT

The state has flaked once again in creating a robust system that
would allow medical marijuana users to legally seek relief from
sometimes devastating symptoms.

Instead, lawmakers changed the law only incrementally so legitimate
users can avoid prosecution with a doctor's note. And instead of
comprehensive reform, the bill will create a study committee.

It's a shame. The legalization of medical marijuana had enormous
support this year, and should have passed. Whether lawmakers will
muster the same ardor over the next three years to really address
this issue remains to be seen.

This year's enthusiasm should have meant enactment of a safe system
to grow and distribute medical marijuana, and a network of trusted
doctors to prescribe it. We had all that and more in comprehensive
legislation from Sen. David Brinkley, a Frederick Republican, and
Delegate Dan Morhaim, a Montgomery County Democrat.

That enthusiasm fizzled suddenly after testimony from state Health
Secretary Josh Sharfstein, who advocated caution, even though such
systems are in place in 15 states and D.C.

Instead, the legislation awaiting the governor's signature was
transformed to empower an 18-member panel to advise the General
Assembly on how best to create a medical marijuana program for next year.

Under the law on the books, medical marijuana users are forced into
an illegal market, and are put in line for criminal prosecution.

The original compromise in 2006 was to make the penalty for medical
marijuana use so low that law enforcement organizations would forgo
prosecutions because they would not be worth the expense or
administrative red tape to net $100 fines.

But, it turns out, medical marijuana users are being prosecuted.
Defense lawyers who deal with these cases are recommending probation
before judgment, which carries a stiffer fine, but allows people
found guilty to have their records wiped clean.

Hence the tweak, which would allow those who are using marijuana out
of necessity to be found not guilty.

It's not enough. There is no need for a study. There is a pressing
need to properly provide some very sick, and in some cases dying,
people with some relief. Celebrate the passage of this most recent
legislation as only a nominal victory.