Maryland
is
one
out
of
the
11
states
to
include
provisions
for
the
use
of
medical
marijuana
in
their
drug
laws.
In
2003,
former
Governor
Robert
Ehrlich
signed
the
medical
marijuana
affirmative
defense
law
which
allows
defendants
to
make
a
case
based
on
their
medical
need.
Although
Maryland
is
one
of
the
more
progressive
states
to
pass
such
a
clause,
it
still
has
some
of
the
harshest
penalties
for
recreational
use
and
medical
marijuana
users
can
only
make
their
defense
after
an
arrest.
Despite
the
urging
of
President
George
W.
Bush,
Ehrlich
signed
the
bill
into
law,
allowing
a
defendant
to
make
a
case
based
on
his
or
her
medicinal
need.
If
the
jury
accepts
the
defendant\'s
medicinal
need,
then
the
maximum
penalties
that
can
be
enforced
is
a
$100
fine.
Compared
to
the
one
year
in
prison
and
$1,000
fine
that
recreational
users
face
for
possession
of
any
amount,
this
is
quite
lenient.
The
cultivation
of
fifty
pounds
or
less
is
a
felony
which
is
punishable
by
up
to
five
years
in
prison
and
a
$15,000
fine,
but
one
Prince
George\'s
County
man
has
already
successfully
made
a
case
for
the
use
of
medical
marijuana.
After
a
search
warrant
was
issued,
local
police
officers
found
thirty
marijuana
plants
in
his
basement.
The
man
now
faces
felony
distribution
and
cultivation
charges
which
would
probably
result
in
jail
time
and
fines.
John
Katz,
P.C.,
a
criminal
defense
attorney,
began
to
prepare
a
medical
marijuana
case
based
on
his
client\'s
severe
sleep
apnea.
After
consulting
numerous
medical
marijuana
experts
and
physicians,
he
was
able
to
present
a
comprehensive
report
to
the
judge.
Since
the
police
reports
showed
no
evidence
of
intent
to
distribute
the
marijuana,
the
man
was
able
to
make
a
successful
case
to
the
judge
who
agreed
that
grounds
for
the
use
of
medical
marijuana
were
established.
The
man
had
to
pay
the
$100
fine
plus
$145
for
the
court
fees.
This
judgment
set
a
precedent
for
medical
marijuana
users
in
Maryland.
Hopefully,
as
Maryland\'s
view
towards
cannabis
matures,
it
will
become
more
widely
accept
as
it
is
in
California.
Proposition
215,
which
passed
on
Nov.
5,
1996
in
California,
exempts
patients
and
caregivers
from
criminal
laws
prohibiting
possession
and
cultivation
of
marijuana,
protects
physicians
who
prescribe
cannabis,
and
declares
that
the
measure
is
not
meant
to
encourage
non-medicinal
marijuana
use
and
cultivation.
Although
the
law
is
in
place
at
the
state
level
in
California,
the
federal
government
does
not
recognize
Proposition
215
because
of
the
Supremacy
Clause
of
the
Constitution
which
gives
states
the
right
to
govern
any
area
where
the
federal
law
does
not
cover.
Recently,
the
Bush
administration
has
taken
a
harder
stance
on
medical
marijuana,
raiding
multiple
dispensaries
throughout
California.
The
Drug
Enforcement
Agency
(
DEA
)
raided
the
Los
Angeles
Cannabis
Resource
center,
arresting
its
directors.
In
a
landmark
decision,
Judge
Howard
Matz
sentenced
each
man
to
one
year
probation
and
a
$100
fine,
the
minimum
punishment
allowed
by
California
law.
During
the
proceedings,
Judge
Matz
said
the
federal
prosecution
was
"badly
misguided"
and
that
he
was
confused
why
the
Department
of
Justice
was
using
its
limited
resources
in
such
a
way.
[Another
landmark
case
went
all
the
way
to
the
Supreme
Court.]
Gonzales
v.
Raich
reversed
the
Federal
position
by
arguing
that
the
cultivation
of
marijuana
was
outside
the
Federal
regulatory
scheme
of
interstate
commerce.
Although
the
federal
government
cannot
regulate
interstate
commerce,
the
Supreme
Court
rejected
this
position,
but
Justice
O\'Connor
did
write
in
her
dissenting
option
that,
"This
case
exemplifies
the
role
of
states
as
laboratories."
With
more
and
more
states
enacting
laws
allowing
medical
marijuana,
conflicts
between
state
and
federal
government
will
become
more
pronounced.
What
does
this
mean
for
the
campaign?
Neither
mainstream
candidate
is
explicitly
in
favor
of
medical
marijuana
provisions,
but
both
have
expressed
their
view
that
the
War
on
Drugs
has
failed
America
and
its
citizens.
When
asked
by
an
active
duty
police
officer
if
he
thought
the
War
on
Drugs
was
a
failure,
McCain
responded
that
he\'d
support
a
very
small
increment
of
reform,
stating
that
"too
often
we
put
first-time
drug
users
in
prison."
Despite
this
concession,
McCain
is
a
staunch
prohibitionist,
following
in
the
footsteps
of
the
Bush
administration.
Obama
has
been
more
open
about
his
past
use
of
marijuana
and
even
cocaine,
writing
openly
about
it
in
his
autobiography.
Although
he
has
made
no
action
to
back
it
up,
Obama
has
said
that
he
is
in
favor
of
medical
marijuana,
stating
that,
"I
don\'t
think
that
should
be
a
top
priority
of
[the
U.S
],
raiding
people
who
are
using
medical
marijuana,"
and
that
it
is
"...not
a
good
use
of
Justice
Department
resources."
With
the
renewed
debate
between
the
federal
and
state
governments,
the
next
presidential
candidate
could
have
his
signature
on
the
bill
legalizing
the
use
of
marijuana.
At
the
moment,
a
bill
is
still
in
deliberation
in
Congress
that
would
completely
decriminalize
the
possession,
use,
and
not-for-profit
transfer
of
up
to
100
grams.
This
is
a
landmark
bill,
but
it
is
still
gridlocked
in
the
committee
process
of
the
House
of
Representatives.
Known
as
H.R.
5843,
the
bill
would
remove
any
federal
penalties
for
recreational
use
and
possession.
This
would
allow
states
to
decide
their
own
laws
on
cannabis,
a
big
win
for
state\'s
rights.
Although
both
bills
face
harsh
criticism,
it
is
important
that
the
government
keeps
deliberating.
If
you
believe
that
the
War
on
Drugs
has
failed
or
that
the
idea
that
we
lock
up
recreational
pot
smokers
is
ridiculous,
then
send
a
quick
message
to
your
Senators
and
representatives
and
tell
them
to
vote
\'yes\'
on
H.R.
5843.
NORML
has
a
form
that
should
make
things
easier
(
Contact
Officials
-
NORML
).
News
Hawk:
User:
http://www.420magazine.com/
Source:
Retriever,
The
(UMBC,
MD
Edu)
Author:
Brian
Tchiegg,
Staff
Write
Copyright:
2008
UMBC
Student
Media.
Contact:
editorinchief@trw.umbc.edu
Website:
The
Retriever
Weekly
VOTE!
