Maryland's "affirmative defense" medical marijuana bill to receive vote on Senate floor

On Thursday, March 20, the Senate version of Maryland's weakened medical marijuana bill, S.B. 502, squeaked through the Senate Judicial Proceedings Committee by a vote of 6-5. On March 21, lead sponsor Sen. Paula Hollinger's (D-Baltimore) Senate Education, Health, and Environmental Affairs Committee passed the bill by a vote of 7-2.

Now, all of Maryland's state senators have the opportunity to protect medical marijuana patients from criminal penalties.

MPP needs you to urge your state senator to vote for S.B. 502. Although 20 out of 44 Maryland Senators co-sponsored the original version of the bill, opposition has been mounting, and your senator needs to hear from you.

Please visit Take Action now to send a pre-written letter to your state senator. After you choose your favorite pre-written letter and type in your address, our site will automatically e-mail your letter to him or her … all with the click of a few buttons. The whole process takes less than two minutes, but it makes a world of difference.

The current version of the bill allows patients to use an "affirmative defense" in court. If a patient can prove that he or she used marijuana for medical purposes, a judge may impose a civil fine of up to $100. While Maryland's medical marijuana bill removes the threat of criminal penalties, seriously ill patients would still be subject to arrest for using their medicine.

Gov. Robert Ehrlich (R), who was a co-sponsor of the States' Rights to Medical Marijuana Act when he was in the U.S. House of Representatives, has repeatedly declared his support for medical marijuana. If the Senate passes the bill, Gov. Ehrlich should sign the bill into law.

On March 18, after three dramatic votes, the Maryland House of Delegates passed a weakened version of H.B. 702, the Darrell Putman Medical Marijuana Research Act. Earlier in the day, H.B. 702 was defeated by a vote of 68-62. But co-sponsor Del. Bobby Zirkin (D-Baltimore) refused to abandon Maryland's medical marijuana patients and introduced a motion to reconsider the bill, which passed by an 85-50 margin. In the end, medical marijuana won the day by a vote of 73-62.

MPP's effective medical marijuana bill was amended into its current form in Del. Joe Vallario's (D-Prince George's) House Judiciary Committee. H.B. 702 passed out of this committee by a 13-7 vote on March 7.

The original version of the bill would have protected medical marijuana patients and their caregivers from arrest. It also would have authorized the state's Board of Physician Quality Assurance to distribute ID cards. The Board would have been required to collect data from medical marijuana patients and their doctors in order to report to the General Assembly and the governor on the efficacy and safety of medical marijuana.