DON'T LET THE MEDICAL MARIJUANA BILL GO UP IN SMOKE

We are pleased that House Bill 702 (Del. Morhaim, et.al), the Darrell
Putman Compassionate Use Act, after several unsuccessful incarnations,
was passed this session by the General Assembly. The bill, which is
now sitting on the governor's desk, takes a well warranted baby-step
toward protecting severely ill people who use marijuana for medical
purposes. In light of the heavy veto pressure coming from the Bush
Administration, we urge Governor Ehrlich to honor his favorable
campaign statements by signing HB 702.

The federal government's vocal opposition to this bill is misguided,
at best. Although an earlier version of the bill would have done so,
HB 702, as passed, does not legalize medical marijuana. Due to federal
attacks on medical marijuana statutes in other states, the bill was
cautiously amended to avoid any hint of conflict with federal law.

If the governor signs HB 702 into law, Maryland citizens who possess
or use marijuana to alleviate their suffering from cancer, AIDS,
multiple sclerosis or other debilitating conditions, would still be
subject to arrest, prosecution and conviction. Today, under current
law, if such desperately sick users are convicted, their penalty, like
the penalty for healthy recreational users, is a fine not exceeding
$1,000 or imprisonment for up to one year, or both.

HB 702 would merely allow use or possession of marijuana for medical
purposes to serve as a possible mitigating factor. At trial, a
defendant would be permitted to introduce evidence of medical
necessity, such as a physician's testimony and medical records, which
the court would have to consider. If convicted, and the court makes a
finding of medical necessity, then HB 702 would limit the penalty to a
maximum of a $100 fine.

That's all the bill would do. It just limits the penalty. It is,
indeed, a very modest piece of legislation. It doesn't even inhale.

We understand that the legislature had to compromise and amend HB 702,
which takes a good and prudent first step. We remain concerned,
however, that the bill does not address the possibility of repeated
prosecution of this vulnerable population. It could be strengthened to
do so and still avoid breaking federal law.

As passed, the Darrell Putman Compassionate Use Act clearly doesn't
contravene the Supreme Court's holding in the 2001 case that has been
used to justify raids on medical marijuana growers in California, U.S.
v Oakland Cannabis Buyer's Cooperative, 532 US 483.Y That opinion,
authored by Justice Clarence Thomas, holds that regardless of state
law to the contrary, medical necessity is not a defense against the
Federal Controlled Substances Act's provisions that prohibit
manufacturing or distributing marijuana. This is not a problem here,
because HB 702 is about use and possession, not growing or selling
marijuana.

We are not sure why this relatively meek bill prompts threats of dire
consequences from Washington. Perhaps it is because U.S. Attorney
General John Ashcroft and Drug Czar John Walters are waging what the
New York Times has dubbed a "war on pot." Just watch the TV ad that
equates smoking pot with subsidizing terrorism, or the one showing a
stoned young man dreamily finding a gun and shooting a friend.

We do not deny that there are real dangers associated with marijuana
use, such as a lack of physical coordination, memory loss and
respiratory disease. We do take strong issue, however, with the
Department of Justice's position that there is no distinction between
the medical use of marijuana and the recreational use of marijuana and
other illegal drugs, such as cocaine and heroin. The Bush
Administration's demonized view of marijuana, and its unwillingness to
draw reasonable distinctions about its use, make it impossible for
them to tolerate the existence of a "good" use for marijuana.

Too bad Ashcroft and Walters did not have the opportunity to meet the
late Darrell Putman. Like them, Putman was a conservative Republican.
Prior to his death in 1999, Putman had been a Green Beret, a
businessman, a farmer and a highly respected member of the Howard
County Farm Bureau.

It was a terrible blow to his family, friends and colleagues when he
was diagnosed with cancer. Putman's loved ones watched him waste away
in the end stages of the disease, when he suffered from intense and
constant nausea. When all other medications failed to give him any
relief, Putman reluctantly resorted to smoking marijuana. For the
first time in many months he was able to sit down at the dinner table
with his family and eat a meal. He ate a whole pork chop.

Unlikely allies

In the face of his fear of prosecution and his compassion for others
who were suffering without relief, Putman became a passionate advocate
for legalizing marijuana for medical purposes. He got the Howard
County Farm Bureau to pass a supportive resolution, and tried to get
his Howard County representatives to introduce a bill in the General
Assembly.

When they refused, a fellow member of the Farm Bureau, Gail Bates (now
a Howard County Delegate), who was working as an aide to Baltimore
County Republican Del. Don Murphy, introduced Putman to Murphy. They
made an improbable duo. Putman was an unlikely marijuana user, and
Murphy, who had taken a tough anti-drug stance on the House Judiciary
Committee for six years, was an unlikely ally.

Despite this oddity, the two men developed a bond of understanding
that moved Murphy to take an atypical action. Unfortunately, Putman,
who died in 1999, did not live long enough to see Murphy introduce the
first bill attempting to legalize medical marijuana use in Maryland.
Murphy, who is now the chair of the Baltimore County Republican Party,
introduced the bill in several consecutive legislative sessions, but
did not remain in the legislature long enough to see it pass.

This unusual history may account for the strong bi-partisan support
for HB 702. The bill's lead sponsor, Baltimore County Del. Dan
Morhaim, one of the two medical doctors in the Legislature, is a
Democrat (as is Senator Paula Hollinger, a nurse and also lead sponsor
of the corresponding Senate Bill). Morhaim was joined, however, by
more than a quarter of the Republican members of the House of
Delegates, who added their names to be included in the list of 57
sponsors for HB 702.

Although there is strong support for this bill, neither Dr. Morhaim,
nor anyone else, claims that it is a panacea. Marijuana is not the
best drug for all who suffer from severe chronic nausea. Rather, it is
a last resort. Other medications work for some, including Marinol, a
prescription form of THC, which is the active ingredient in marijuana.
(Marinol, however, takes an hour to work and then lasts for 10 hours,
which makes it a difficult medication for many to manage.)

But there are also some sufferers, like Darrell Putman, for whom
marijuana is the only hope. The very least we can do is to take the
threat of jail-time away from them.

It seems somewhat hypocritical that Attorney General Ashcroft and
other staunch states' rights advocates are leading the federal charge
against state medical marijuana laws (many of which were enacted by
popular referenda) in nine states and the District of Columbia. In
stark contrast to these attacks, HB 702 provides Governor Ehrlich with
a good opportunity to distinguish himself as a real compassionate
conservative. We hope he seizes the opportunity and signs HB 702 into
law.