If you are one of those Georgetown students who enjoys an occasional use of marijuana-consider moving to Maryland. And developing a chronic medical condition. Yesterday, a Maryland law went into effect that allows anyone convicted of marijuana possession to argue for a much lower sentence if the drug was used for medicinal purposes.
Maryland presents a unique approach to the medical marijuana debate by dramatically lowering sentences rather than attempting to fully legalize the drug. This allows the state to escape contradicting federal law, which makes possession of cannabis a crime. However, some Maryland legislators fear the law may not stand up under federal scrutiny. Maryland might find itself in a position similar to the nine states that have made medical marijuana possession fully legal. These states have found themselves the target of the Bush administration.
The administration had lobbied Maryland governor, Republican Robert L. Erlich, Jr. to veto the bill. He refused, and signed the legislation that had enjoyed bipartisan support.
The new law is the result of a compromise between those supporting full legalization and those supporting medical use. The wording of the legislation was left intentionally vague in order to allow judges to exercise their own judgement on a case-by-case basis. The bill does not specify what type of illnesses would qualify, or what kinds of evidence defendants would need to present.
However, with the federal laws that make marijuana possession a crime still in place, it makes it difficult for patients. Under such laws, doctors cannot prescribe marijuana for medical use. The federal government threatens to revoke doctors who promote marijuana for medical use. This makes it unlikely that doctors would be willing to testify in court on behalf of those who claim they need marijuana for medical purposes.
Officials and judges do not expect to see a significant rise in defendants claiming they were using the drug for medical purposes. Most judges say that they do not hear many “medical use” excuses during trials, and they do not expect people to go through any elaborate schemes to convince the court they were using it for medical reasons. Rather, many feel this will finally give those who truly use the drug to relieve symptoms a voice.
Even though there are significant hurdles left to overcome, proponents of medicinal marijuana can claim a significant victory. A state east of the Mississippi River, and with a Republican governor, has recognized the potential benefits of permitting marijuana for medical use.
