Pubdate: Wed, 07 Apr 2004 Source: Frederick News Post (MD) Copyright: 2004 Randall Family, LLC. Contact: http://www.fredericknewspost.com/ Details: http://www.mapinc.org/media/814 Author: George Dorsey, News-Post Staff WOMAN: POT WORKS BETTER THAN THC PILLS FREDERICK -- A new Maryland law which blocks incarceration for marijuana users -- if medical necessity is proven -- was used for the first time this week in Frederick County. Frederick County Circuit Court Judge John H. Tisdale granted Jodi A. Delli, 32, of Frederick probation before judgment for possession of marijuana after her attorney, Dino Flores, convinced both the court and assistant state's attorney, John Discavage, that smoking marijuana aided Ms. Delli's pain management. Mr. Flores said his client had obtained a letter from her doctor which suggested marijuana helped her fight severe and constant pain better than pain pills. Ms. Delli has a prescription for a legal medication containing THC, the intoxicating substance in marijuana, but her doctor noted that smoking marijuana seemed to ease her pain better than the prescribed pills. Mr. Flores said her ailment is related to "female problems" and said the marijuana allowed her to function at a higher level than other prescription products. Mr. Flores said the issue of medical necessity would be difficult to prove without corroboration from a medical doctor. He said she has brutal, on-going pain which is eased by marijuana. Maryland does not permit medical use of marijuana, Mr. Flores said. He said his client was granted probation before judgment with a finding of medical necessity. Under this new law, the maximum would be a $100 fine. Without a showing of medical necessity, the fine could be up to $1,000 and one year of incarceration. Ms. Delli was arrested Nov. 12, 2003, by Frederick police who had obtained a search warrant based on neighbors' complaints of marijuana smells. Marijuana and marijuana paraphernalia were seized by police. - --- MAP posted-by: Richard Lake