Pubdate: Fri, 17 Jan 2003
Source: Montgomery Gazette (MD)
Contact  http://www.gazette.net/
Address: 1200 Quince Orchard Blvd., Gaithersburg 20878
Fax: 301-670-7183
Copyright: 2003 Gazette Newspapers
Author: Steven T. Dennis

GOVERNOR WILL BACK MEDICAL MARIJUANA

ANNAPOLIS -- Gov. Robert L. Ehrlich Jr. (R) said Thursday that he would 
sign legislation to legalize medical marijuana, giving new hope to 
advocates who say the drug can help relieve nausea from chemotherapy and 
other debilitating conditions.

At an unscheduled news conference on his first foray into the governor's 
State House offices, Ehrlich pointed out that he has long supported 
legalizing marijuana use for medicinal purposes, and said that "if the bill 
makes sense," he would sign it into law.

With last year's chief medical marijuana advocate, Del. Donald E. Murphy 
(R) of Catonsville, now out of the legislature, a doctor, a nurse and a 
cancer survivor are among the lawmakers drafting marijuana bills.

Del. Dan K. Morhaim (D-Dist. 11) of Owings Mills, a physician, wants to 
allow doctors to prescribe marijuana under strict controls. Two doctors 
would have to sign off on the prescription and follow up to see how 
patients are responding to treatment.

Morhaim envisions the state government eventually growing and distributing 
marijuana to ensure consistent quality and control.

"It's not like you need a huge field," Morhaim said. "You don't need acres 
and acres."

Morhaim said it would be helpful if Ehrlich can use his influence with 
President George W. Bush (R) to relax federal prohibitions on marijuana 
possession, provided that the use is in accordance with a state program.

"We prescribe drugs much more dangerous than marijuana," Morhaim said. "We 
prescribe narcotics, we even prescribe cocaine on occasion. Like any 
medical tool, it's going to help some people and not others."

Senate Education, Health and Environmental Affairs Chairwoman Paula C. 
Hollinger (D-Dist. 11) of Pikesville, meanwhile, is drafting a bill that 
would allow patients to get an identity card from the state that would give 
them immunity from prosecution for possessing small amounts of marijuana. 
Physicians also would be protected from arrest, as would caregivers.

But Hollinger, who said she expects her bill to go to her committee, does 
not see the state growing and distributing the drug; instead, patients 
would be allowed to grow up to three mature marijuana plants and four 
immature plants at any one time.

Under Hollinger's bill, the Board of Physician Quality Assurance would 
oversee the process.

Sen. David R. Brinkley (R-Dist. 4) of New Market, a cancer survivor, is 
drafting a bill similar to the compromise measure that passed the House 
last year. That bill would have reduced penalties for the medical use of 
marijuana to a maximum of $100.

Brinkley said he will coordinate his efforts with Hollinger, Morhaim and 
Ehrlich.

"I never used it, but I feel that very sick people in the state shouldn't 
be hassled," he said, adding that it does not make sense for the state to 
incarcerate people who are dying and may benefit from the drug.

He noted that former Sen. Timothy R. Ferguson (R) tried to use the medical 
marijuana issue against him during the September primary, to no avail.

"It didn't fly," Brinkley said.

Ferguson was responsible for killing last year's bill by a 6-5 margin in 
the Senate Judicial Proceedings Committee after telling Murphy he would 
"shepherd" the bill in the committee. A furious Murphy, whose father died 
from cancer, then campaigned over the summer for Ferguson's defeat.

Brinkley said if a bill passes and Ehrlich signs it, it will be nationally 
significant, both because Ehrlich is a Republican and because Maryland 
would be one of the first states on the East Coast to pass medical 
marijuana legislation. It also would put the issue directly on Congress' 
doorstep.

Advocates say people who suffer from cancer, glaucoma, nausea, multiple 
sclerosis or epilepsy can benefit from using marijuana, which can relieve 
some symptoms. But opponents worry that legalizing the drug's use -- in 
however limited a fashion -- could open the door to complete legalization 
and confuse young people who are being told not to use drugs.

Any medical marijuana bill still faces a tough time in the legislature. 
House Speaker Michael E. Busch (D-Dist. 30) of Annapolis is cool to the 
idea, and he voted against the House bill last year. Busch said the medical 
community has not gotten behind the idea.

"I think the devil is in the details," he said. "I don't feel comfortable 
all of a sudden legalizing a controlled dangerous substance."

House Judiciary Chairman Joseph F. Vallario Jr. (D-Dist. 27A) of Upper 
Marlboro crafted last year's compromise but said he does not know how a 
bill in his committee would fare this year, given that he has 14 new 
members. Vallario said he would have a problem with any bill that runs 
contrary to federal law, which makes marijuana illegal.

Senate President Thomas V. Mike Miller Jr. (D-Dist. 27) of Chesapeake Beach 
has kept an open mind on the issue, saying he planned to sit in on the 
hearings.

Politically, the issue plays well into Ehrlich's image as a different kind 
of Republican. The "Just Say No" crowd generally opposes any legalization 
of drugs, but Ehrlich, a lawyer and former member of the Judiciary 
Committee, has avoided doctrinaire positions.

In Congress, Ehrlich was one of a few Republicans to co-sponsor a medical 
marijuana bill sponsored by U.S. Rep. Barney Frank (D-Mass.).
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