Pubdate: Thu, 03 Apr 2003 Source: Bay Weekly (MD) Contact: 2003 Bay Weekly Website: http://www.bayweekly.com/ Details: http://www.mapinc.org/media/1780 Author: Paul Scott Armentano Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal) MARYLAND GRAPPLES WITH A WEEDY ISSUE Marijuana's Still Illegal, But It's A Lot Less Illegal If The Toker's Sick The fourth time may prove to be the charm for state lawmakers and patients battling to protect Marylanders who use marijuana therapeutically. Last week, senators overwhelmingly approved the Darrell Putman Compassionate Use Act, which enacts a legal distinction between the medicinal and the recreational use of marijuana. The Maryland House of Delegates had already passed the bill by a 73 to 62 vote. Under the proposal, named for decorated Army officer-turned-medi-pot-advocate Darrell Putman (who died of cancer in 1999), patients who demonstrate at trial that their marijuana use is for a legitimate medical need would face a maximum penalty of a $100 fine and no jail time. "There's a subset of patients for which conventional therapy has not worked and for whom smoking marijuana really helps," explains Del. Dan Morhaim, a Baltimore County Democrat who co-sponsored the bill in the House. A practicing physician for more than 25 years, Morhaim says he's had patients suffering from diseases such as AIDS and terminal cancer tell him that they've experienced symptomatic relief using marijuana. For patients unresponsive to standard medications, marijuana is simply "another tool in the toolbox," he says. For Kathleen 'Kitty' Tucker of Takoma Park, best known as an attorney in the case of nuclear whistleblower Karen Silkwood, it's a tool with proven results. Tucker admitted using the drug therapeutically in 1999 after police found marijuana growing in her home. Since Maryland law made no exception for the medical use of marijuana, Tucker -- who used pot to treat the daily migraines and spasms she suffered from as a result of fibromyalgia -- eventually pleaded guilty to attempted propagation of marijuana. Under the proposed law, patients like Tucker would be able to argue their medical use in court. "I hope that our governor signs this legislation so that medical marijuana users will have the right to prove to a judge that his or her illness can be helped by marijuana," says Tucker. Still, she believes that the proposal is only "a baby step forward in restoring our citizens' right to use this valuable herbal medicine." It's a baby step that began as no more than a crawl four years ago when a small coalition of lawmakers, led by former Del. Donald Murphy of Catonsville, introduced a broader version of the bill. Last year, delegates passed legislation identical to this year's measure, but it was defeated by one vote in the Senate Judicial Proceedings Committee. This year's measure passed that committee 6 to 5, a feat made possible partly by the defeat of Sen. Tim Ferguson -- who cast last year's deciding vote against the bill after having previously agreed to shepherd it through the committee. In part because of his flip-flop on the medical pot issue, Ferguson lost last fall's primary to Sen. David Brinkley. Brinkley, a Frederick County Republican who was diagnosed with cancer in 1989, is a longtime supporter of medicinal marijuana reform and a co-sponsor of this year's Senate bill. Brinkley says he backs the law change from "a patient's perspective," adding that the limited use of medicinal marijuana under a doctor's supervision "just makes sense. "When you have seriously ill patients forced to make decisions about their health treatment, do we want our drug laws to be particularly harsh if they or their doctor thinks this substance can help them?" he asks. Brinkley last week argued on the Senate floor that he'd witnessed "a lot of sick people" benefit from medicinal marijuana, and that these patients "aren't the people we want to prosecute." Other senate proponents told similarly personal tales, including Prince George's County Democrat Nathaniel Exum, who recounted how his 25-year-old daughter died from cancer in 1993. "If we could have gotten her marijuana, we would have done that for her," he said. Though the bill is not out of the woods yet, early indications are that Gov. Robert Ehrlich will back the bill, despite pressure from Bush administration 'drug czar' John Walters, who has publicly criticized the measure as "irresponsible" and "immoral." In January, the governor publicly stated his support for the medical use of marijuana, adding that the issue holds "personal" significance to him. "We saw a very, very strong person taken down inch by inch" by cancer, Ehrlich said concerning a relative whom he declined to identify. As a congressman, Ehrlich backed legislation that sought to allow physicians to legally prescribe medicinal marijuana. He's yet to take a specific position on the Darrell Putman bill, but he has indicated that he's leaning toward signing it. - --- MAP posted-by: Doc-Hawk