Washington Blade - May 30, 2003
Joe Crea

The law, which takes effect Oct. 1, will allow individuals using marijuana for medicinal purposes to make a "medical necessity" defense against charges of marijuana possession. If caught, users will now only pay a fine of no more than $100; previously, they faced a maximum penalty of a year in prison and/or a $1,000 fine.

Maryland joins eight other states that have reduced or eliminated penalties for medicinal marijuana users. Gov. Ehrlich is the first Republican to sign such a law.

"I think it is wonderful and a very brave, courageous move on his part," said Lynda Dee, president of AIDS Action Baltimore. "It is very encouraging for those who have loads of nausea relating to their HIV medications.

There are people who need this medication - and I do say medication."

Dee said that marijuana provides many benefits for people with HIV- and AIDS-related complications, such as stress reduction and increased appetite.

Bruce Mirken, director of communications for the Marijuana Policy Project, the chief lobbyist in Maryland for the initiative, said that the White House applied a lot of pressure on the Maryland legislature and Gov. Ehrlich to quash the bill but, in the end, "he did what he knew was right."

John P. Walters, the White House drug czar at the Office of National Drug Control Policy criticized advocates in Maryland attempting to change the state's law in a statement saying, "We owe people with debilitating medical conditions the best that science has to offer not the results of interest group lobbying and political compromise."

Walters' criticism was echoed by Joseph Cassilly, vice president of the Maryland State's Attorneys Association, who said, "State legislators should not be determining what's appropriate medicine."

Dr. Bob Dupont, a Maryland physician and founding director of the National Institutes on Drug Abuse, said the legislation was "about legalizing dangerous drugs."

And Rep. Elijah E. Cummings (D-Md.), who noted in a statement from his office the "dangerous health risks that accompany tobacco smoking," said that the Institute of Medicine "has found that 'because of the health risks associated with smoking, marijuana should generally not be recommended for long-term medical use.' "

Meanwhile, in further opposition to the measure, the Maryland, Delaware and District of Columbia Elks Association Drug Awareness Program announced that the groups would begin collecting signatures to force a referendum on the measure.

Mirken dismissed criticism from groups opposed to the Maryland legislation who assert that the bill would signal to children that drugs are safe. Mirken cited a California state survey that showed when the state's marijuana proposal passed in 1996, marijuana use decreased among teenagers, and in some cases, was down by as much as a third in some age groups.

"The state looked at the report and said that the law did not have an adverse effect on kids," Mirken said.

"The people who say it does are knowingly and consciously lying."

According to Mirken, eight states have made medical marijuana legal: Hawaii, Alaska, Washington, Oregon, California, Nevada, Colorado and Maine.

Longtime support

Mirken said that Gov. Ehrlich's support for the initiative was not unusual, noting that when Ehrlich was in the U.S. House of Representatives, he co-sponsored Rep. Barney Frank's (D-Mass.) annual medical marijuana bill.

Ehrlich responded to Bush administration opposition to the measure saying, "I respect 'em, I love 'em.

Obviously, I'm a major W fan," according to a report in the Washington Post. "But if you look at my views over the years, there are clearly two wings of the party on social issues - one is more conservative, and one is more libertarian. I belong to the latter, and I always have."

The governor added that his position on this issue has been consistent over the years.

"This is a position I've had for many, many years, and it is not without controversy," he told the Post.

A spokesperson for the governor's office said Ehrlich does not plan on making any more public comments about the law.

Mirken said that most politicians remain mum on the issue of medical marijuana fearing that they will appear soft on drugs. He added that both Democrats and Republicans have historically opposed relaxing drug laws.

"Let's not forget that it was Bill Clinton, not George Bush, who threatened, after California passed their initiative in 1996, to go after doctors' DEA registration so they couldn't prescribe any medications.

They lost in the courts. And, low and behold, the First Amendment applies to doctors too."

Mirken said his group believes that arresting and incarcerating marijuana users does far more harm than the drug itself and he would like to see it regulated like tobacco or alcohol.

"That's a larger conversation society should have," Mirken said. "In the meantime, let's not punish the ill.

As long as we have a war on drugs, can we remove the sick and dying from the battlefield?"

An alternative to smoking?

Marinol, a drug composed primarily of THC, the chemical in marijuana that produces a feeling of being "high," was approved by the Federal Drug Administration 15 years ago and has often been prescribed to patients dealing with AIDS-related complications, Dee said. She added that Marinol doesn't work as optimally as the actual act of smoking marijuana and it often leaves users with an unusually long high. It also often makes people gain large amounts of weight, she said.

Mirken also said that Marinol works for some people but others have experienced problems. He said that because the THC is taken orally it is processed much differently than when it is inhaled.

"Marinol can hit some like a ton of bricks," Mirken said. "It is wildly uneven in how fast it takes to work.

With marijuana, you can control the amount of puffs you take, especially if you are trying to get some effect without getting too high."

MORE INFO

Office of the Governor

100 State Circle

Annapolis, MD 21401

410-974-3591

www.gov.state.md.us

Marijuana Policy Project

P. O. Box 77492

Capitol Hill

Washington, D.C. 20013

202-462-5747

www.mpp.org

030530
WB030509

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