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April 1, 2011

House committees weigh medical marijuana defense

Delegates say they want to rewrite a Senate plan to decriminalize marijuana for medical patients, though many expressed support for the overall concept.

In a combined hearing today of the House Government Operations and Judiciary committees, delegates pressed the Senate bill sponsors -- Republican Sen. David Brinkley and Democratic Sen. Jamie Raskin, both cancer survivors -- on the practical implications of the proposal.

Lawyers on the Judiciary Committee said they want to reduce the burden of proof required to show medical necessity from "clear and convincing evidence" to a "preponderance of the evidence." Such a change would align medical necessity with other forms of affirmative defense, such as self defense.

Many of the same delegates said they want to strip the Senate bill of details about what kinds of evidence could be presented in court. The Senate plan says a person claiming medical necessity may use a doctor's note, medical records or the the doctor in person. Delegates argued the general rules of evidence should be applied and that lawmakers should not be laying out a special list of evidence.

Delegates also said they'd like prosecutors to be given two weeks notice when a person plan to use medical necessity as a defense to marijuana possession charges. Others said lawmakers should consider limited the amount of the drug that can be claimed as use for medical reasons.

The senators who presented the bill, which won 41-6 passage in the Senate, said they were amenable to the suggestions.

Both chambers have already agreed to a comprehensive study of how to implement a medical marijuana system, but the two chambers have just over a week to work out differences on the affirmative defense concept. Medical marijuana is legal in 15 states and the District of Columbia.

Posted by Julie Bykowicz at 3:31 PM | | Comments (10)
Categories: 2011 legislative session
        

Comments

This plan is a joke. Why should someone who needs or wants to use marijuana have to defend themselves in court. In the entire history of the world not a single person has ever died from marijuana and there is no proof that it causes any health hazard. This compared to tobacco which causes a half million deaths a year and alcohol which causes horrendous harm to individuals and families. To pharaphase Ben Franklin "Marijuana is proot that god loves us and wants us to be happy" Also on the plus side if we stopped trials and imprissonment of non-violent drug users we could stop the cuts in school funding.
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Just legalize it so I can smoke in peace on my deck at night.
Alcohol and tobacco are far more dangerous drugs to use than pot..
Come on Annapolis grow a pair-you clowns claim to be Progressive Liberals!

http://www.businessweek.com/lifestyle/content/healthday/636476.html

Marijuana Use Can Up Psychosis Risk
Study found the longer teens smoked, the more their mental health suffered

I believe that making marijuana legal for a certain amount would be no problem and the police can get the more serious criminals.

If you suffer from mental health issues, do not blame it on pot. You were born with them. I suffer from COPD and didn't get it from pot, but from cigarettes. How many problems did alcohol cause just this year alone. I think the only problems with pot was that there was just not enough to go around. I have tried but cannot find any problems that can be attributed to pot use, but alcohol......that's another thing in itself. My grandfather smoked "the stuff" until he died of natural causes at the ripe old age of 96

Why is this issue being bandied about by politicians when it is a medical situation? We don't go to the Gov when a doc orders morphine or demerol for post op patients.Don't the politicians have enough to vote on ?

Cannabis should be legalized for ALL Adults.

John,"Marijuana Use Can Up Psychosis Risk
Study found the longer teens smoked, the more their mental health suffered""

John, You don't know what the hell you are talking about, if you read any of those studies you cannot find one that claims that Cannabis use causes permanent psychosis.

I was out of work for a bit over ten years and on every new "wonder drug" that would come out and every type of opiate imaginable. My doctor suggested trying marijuana as a last resort.

I still have to use the opiates on occasion, but I use such a small amount compared to what I used to and no longer have to have a physical dependence on any substance.

I am back working, I am off of Social Security, I can have conversations again, I can get an erection, I can drive if I need to, I don't go into withdrawal if I leave my meds home or don't need them that day - everything is better now.

I wrote my will out and was about to head to Europe to OD on heroin to end my miserable existence at the age of 34. The doctor suggested I try marijuana, something I used a lot when I was younger.

Several years later and I rarely have the seizures I used to have a few times a week, I have not had to miss one day of work, I have a beautiful loving Mrs, I have friends again, I have a puppy and we go on nice walks - I couldn't do any of that for many years.

Medical Marijuana saved me - it gave me a life again.

Sativas in the day, Indicas at night.

I use a tincture under my tongue for pain management and smoke or vaporize for breakthrough pain.

The pills they put people on will make people have a psychotic break well before any marijuana will.

People should not be forced to deal with the "seedy" (pun!) black market or be forced to act as a criminal to get some relief in their lives.

The opiates, muscle relaxers, and several other families of meds they prescribe people are so much more damaging to personal lives.

Prescription drugs contain toxins that can produce severe side effects.

An excess of alcohol consumption can cause mental impairment, deaths from DWI, loss of bodily control and out-of-control violent behavior.

Marijuana works in an opposite way. It slows down and relaxes the body and mind, easing pain in the process. It can, additionally, enhance ability to function normally at work. One can snap out of a relaxed state to respond quickly to an emergency. It's legal in the Netherlands. We never hear about a lot of crime there or inability to function the job. It helps people with ADD and those who are easily distracted to focus.

It helps increase appetite and enhances the flavor of food, sexual pleasure and creative thinking. For those with certain chronic illnesses, it is generally a relaxant and helps one forget their pain as in a state of meditation as when deeply focused (e.g. on a computer or playing an instrument). It can be the best medication w/o all the prescribed toxins.

Why alcohol is legal worldwide and marijuana is now just becoming State-legal but not Federal is beyond me. If it became legal everywhere, think of the taxes the government could collect to significantly reduce the deficit and severe funding cuts in education and health care services, plus reducing crime associated with illegal marijuana.

Marijuana is NOT addictive. It can only go as far as dependency but that holds true for alcohol and prescribed toxic drugs, as well. It does not harm the liver and gives many with chronic illness and pain a better lease on life.

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About the bloggers
Annie Linskey covers state politics and government for The Baltimore Sun. Previously, as a City Hall reporter, she wrote about the corruption trial of Mayor Sheila Dixon and kept a close eye on city spending. Originally from Connecticut, Annie has also lived in Phnom Penh, Cambodia, where she reported on war crimes tribunals and landmines. She lives in Canton.

John Fritze has covered politics and government at the local, state and federal levels for more than a decade and is now The Baltimore Sun’s Washington correspondent. He previously wrote about Congress for USA TODAY, where he led coverage of the health care overhaul debate and the 2010 election. A native of Albany, N.Y., he currently lives in Montgomery County.

Julie Scharper covers City Hall and Baltimore politics. A native of Baltimore County, she graduated from The Johns Hopkins University in 2001 and spent two years teaching in Honduras before joining The Baltimore Sun. She has followed the Amish community of Nickel Mines, Pa., in the year after a schoolhouse massacre, reported on courts and crime in Anne Arundel County, and chronicled the unique personalities and places of Baltimore City and its surrounding counties.
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