GENERAL ASSEMBLY FAILED MANY AILING MARYLANDERS

The General Assembly has adjourned. Sadly there is one piece of unfinished
business that leaves a small number of Marylanders with dashed hopes. Those
are the uncounted Free Staters who suffer from cancer, multiple sclerosis,
Crohn's disease or AIDS who need marijuana to relieve pain, vomiting or
spasticity.

Everyone knows how dreaded cancer chemotherapy is - bouts of intense
vomiting, diarrhea and fatigue. For many, there is no relief provided by
the legal drugs. For some of these patients the only relief they get is
from the illegal use of marijuana.

The voters understand this: In polls, they overwhelmingly support allowing
medical patients to use marijuana under their doctors' supervision. Del.
Don Murphy, R-Catonsville, demonstrated great courage and persistence in
facing down enormous ridicule from delegates and senators to advocate a
bill that would protect such medical patients from prosecution.

His bill had 59 co-sponsors but needed to be amended to get out of the
Judiciary Committee. There was great hope when the House of Delegates
passed a bill, 80-56.

The bill would have permitted a marijuana-using medical patient, if he were
arrested, to offer evidence for the consideration of the court that the
possession was due to a medical necessity. If the court found such evidence
credible, the court would still be able to impose a punishment for breaking
the law, by imposing a maximum fine of $100.

This revised bill addressed a major concern of delegates that changing
Maryland law might ``seduce" Maryland residents into believing medical use
of marijuana was legal, thus leaving them open to federal prosecution.

But the bill was killed by a single vote in the Senate Committee on
Judicial Proceedings.

Every parent and teacher wants drug-free schools, but keeping marijuana
legally unavailable to patients has not contributed to any success in this
regard. We all want drug-free drivers, but again, keeping bona fide medical
patients who use marijuana in the criminal justice system doesn't protect
anyone.

ERIC E. STERLING

Chevy Chase