Pubdate: Thu, 07 Feb 2002 Source: Frederick News Post (MD) Copyright: 2002 Great Southern Printing and Manufacturing Company Contact: http://www.fredericknewspost.com/contact/contactfinalnew.cfm?contact=letters Website: http://www.fredericknewspost.com/ Details: http://www.mapinc.org/media/814 Author: David Brinkley Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal) BRINKLEY: FERGUSON MISINFORMED ON MEDICAL MARIJUANA BILL It is interesting that state Sen. Tim Ferguson thinks Maryland "should wait for the federal government to fund research" before he supports medical marijuana legislation. He also says it is "sincerely wrong to expect state government to take the lead in the effort." As a cancer survivor and original sponsor of medical marijuana legislation in Maryland, and as a continued supporter of this legislation, I disagree with him. Despite the progress we've made in diagnosis and treatment of diseases, including cancer, the time it takes to conduct, conclude, dispute and conterdispute research and the subsequent findings is never the patient's ally. In essence, he is advocating studying how to treat the patient while the patient lies dying. Furthermore, why shouldn't the states take the lead on this issue? It's past time for the states to lead. Remember the Tenth Amendment? The purpose behind the legislation is to allow patients and their health care practitioners to freely explore their options, particularly when their treatment protocols demand aggressive therapy. This year another measure has been introduced. HB24 allows a defendant to introduce evidence of medical necessity at the sentencing phase of a trial, and forces the court to consider that evidence. This was introduced by Delegate Thomas Hutchins, a retired captain in the Maryland State Police. Insofar as, "Law enforcement and judges don't know how to deal with dealers of marijuana who might show up in court and plead innocent because less than 1 percent of their sales are to health patients," give me a break. Read the bill. The legislation isn't crafted to protect those individuals at all. The whole point of passing a bill in the legislature is to instruct the judges and law enforcement personnel how to function when circumstances of medical necessity arise. This legislation seeks to protect caregivers, patients and licensed medical practitioners from the long arm of the law. It would be encouraging for Mr. Ferguson to agree that Maryland can and should take the lead in this issue, and not rest responsibility in Washington. The patients of today and tomorrow deserve nothing less. DAVID BRINKLEY, Maryland state delegate New Market - --- MAP posted-by: Josh