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Governor O'Malley Signs Bill as Maryland Becomes "15th and a Half" Medical Marijuana State
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Governor O'Malley Signs Bill as Maryland Becomes
"15th and a Half" Medical Marijuana State
Qualified patients still susceptible to arrest, prosecution and $100 fine
despite medical defense
Annapolis, MD -- Governor O'Malley signed Senate Bill 308 into law
yesterday, making Maryland the "15th and a half" medical marijuana
state according to advocates. The Maryland legislature passed SB 308 in April
attempting to improve upon the current Darrel Putnam Compassionate Use Act,
which allows for a "medical necessity" defense but can still result in
a misdemeanor conviction and a $100 fine. The new law is aimed at removing the
misdemeanor conviction, but qualified patients can still be forced to pay a
punitive fine.
"The patient community welcome improvements to Maryland's medical marijuana
law," said Kristen Ford, Field Director with Americans for Safe Access, the
country's largest medical marijuana advocacy group. "But, because patients
are still forced to undergo arrest and criminal prosecution and may sustain
punitive fines, the law falls short of the basic protections offered in all
other medical marijuana states."
SB 308 had previously been a more robust bill, protecting qualified patients
from arrest and prosecution and establishing a system of licensed cultivation
and distribution, but was whittled down due to objections from the new
administration's Department of Health and Mental Hygiene (DHMH) and House
committee members. In order to get SB 308 passed out of the House Judiciary
Committee, where several similar bills had died over the past 7 years,
legislators adopted several restrictive amendments.
For example, SB 308 now caps possession amounts at one ounce, down from 6 ounces
in previous versions of the bill, and excludes patients above the one ounce
limit from using the affirmative defense. The amendments also deny an
affirmative defense to patients consuming their medication in public. "It's
shameful that the Maryland legislature wants to treat medical marijuana patients
like criminals by condoning their arrest and excluding some patients from an
affirmative defense, still leaving them vulnerable to conviction and a punitive
fine," continued Ford. "Nevertheless, we will continue to work with
the health department and the legislature to craft a more patient-friendly bill
next year."
SB 308 requires DHMH to convene a Work Group to "develop a State-specific
proposal, including draft legislation, for providing access to marijuana to
patients in the State for medical purposes." A report to the legislature
will be due by year's end, and the program must be up-and-running by January
2013. "This bare-bones law is just a stop-gap measure," continued
Ford. "Now the difficult work begins in finding consensus on a more
comprehensive and protective bill."
Further information: Maryland SB 308: Maryland_SB308.pdf
With over 50,000 active members in all 50 states, Americans for Safe Access (ASA)
is the largest national member-based organization of patients, medical
professionals, scientists and concerned citizens promoting safe and legal access
to cannabis for therapeutic use and research. ASA works to overcome political
and legal barriers by creating policies that improve access to medical cannabis
for patients and researchers through legislation, education, litigation,
grassroots actions, advocacy and services for patients and the caregivers.
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