PENALTY COMPROMISE MAY SAVE MEDICAL MARIJUANA BILL

ANNAPOLIS - The chief sponsor of an effort to legalize marijuana use for
the terminally ill on Sunday hailed a compromise bill that would assure
pot-smoking cancer patients wouldn't go to jail.

"While we didn't find a cure for cancer we sure found a way to scratch the
itch," said Delegate Donald Murphy, R-Baltimore County.

For more than two years, Mr. Murphy has been fighting for legislation that
would allow people suffering from cancer, AIDS and certain other diseases
to grow and use marijuana without fear of arrest.

He's never been able to get the bill out of his own House Judiciary
Committee. Then, momentum seemed to be building Friday when former
opponents on the panel announced they were changing their mind during an
emotional committee meeting.

But before the panel could express its affirmation, Delegate Joseph
Vallario, the Prince George's County Democrat who leads the committee,
announced no vote would be taken.

Mr. Vallario angrily told his committee that he would not be a party of an
effort to pass a state law that would be contrary to federal statute. He
then ordered a number of lawmakers into his office for a 15-minute
closed-door session.

The result of that session, Mr. Murphy said, is that the bill now reads
that in prosecutions for possession of marijuana or drug paraphernalia,
defendants can introduce evidence of medical necessity and judges are
required to consider it.

In cases where medical necessity is proven, the maximum penalty is a fine
not to exceed $100, Mr. Murphy said.

"The point is nobody's going to jail," he said.

In a committee vote Saturday, the bill passed 14-4, setting up a
preliminary vote on the floor of the House of Delegates this week.

"As amended this bill should get 141 votes," Mr. Murphy said, with more
than a trace of confidence. The House has 141 members.

"I have not found one person, in 2 1/2 years of following this, who thinks
cancer patients and AIDS patients, following their doctor's orders, should
go to jail," Mr. Murphy said.

Mr. Murphy introduced the bill at the request of a friend, Darrell Putman,
a conservative anti-drug Vietnam veteran, who was fighting lymphoma. Mr.
Putman reluctantly turned to marijuana to fight pain, nausea and loss of
appetite from his chemotherapy treatments.

But by smoking marijuana, he put his family and his business at risk - he
drove horse-drawn carriages in Frederick - if he were prosecuted. So he
turned to Mr. Murphy for help changing the law.

Mr. Putman died before he could testify in favor of the bill when it was
first introduced in the 2000 General Assembly session.

Among the co-sponsors of the bill are Delegates Louise Snodgrass and David
Brinkley, Frederick County Republicans and both cancer survivors.