Marijuana Policy Project

ANNAPOLIS - Former Dist. 12 delegate Don Murphy is a no longer a member of the Maryland General Assembly, but his pet project is alive and well, and is now awaiting the signature of Gov. Robert Ehrlich to become law.

A medical marijuana bill, which would minimize penalties for chronically ill patients caught using the illegal drug, was approved last week in the state Senate. An earlier version had already been approved in the House of Delegates.

Murphy, a Catonsville resident who spearheaded the effort for three years while in office, said he was "thrilled" that the bill had finally passed both houses - even though he couldn't fully share in its success.

"This is a compassionate thing to do for those suffering with painful illnesses," Murphy said. "I'm just sorry my name couldn't be on (the bill) as lead sponsor."

Murphy, a Republican, came close to seeing passage of the legislation in 2001, but it fell just shy. Last fall, he chose not to run for re-election after his home neighborhood was shifted out of District 12 in the statewide redistricting process, and moved into the heavily Democratic District 10, which includes parts of Woodlawn and Baltimore City.

The Senate passed the medical marijuana bill Wednesday, exactly a week after the House approved identical legislation.

The governor has not taken a position on the bill, but he supports the concept said his spokesperson, Henry Fawell.

On Monday, Murphy noted that he couldn't actually lobby for the bill (by law, as a former delegate), but he did make himself available to lawmakers to answer questions about the subject during the course of legislation and debate, of which there was plenty.

In the Senate, the hourlong debate before the vote had proponents focusing on compassion, while opponents argued the bill was merely a "foot in the door" that would lead to the legalization of marijuana.

The bill passed on a 29-17 vote, with eight Democrats and nine Republicans voting against it.

Among those sponsoring the bill were local senators Delores Kelley of District 10, and Ed Kasemeyer of District 12.

The bill that passed was very different from the original legislation, which called for the Board of Physician Quality Assurance to oversee a program to issue identification cards to patients who used marijuana for medical purposes. Now, the bill provides an opportunity for a defendant in possession of marijuana to introduce evidence that the drug was "of medical necessity." If the defense is successful, the defendant would only face a maximum $100 fine.

During the debate, supporters argued that marijuana provides relief for cancer patients on chemotherapy braving symptoms such as nausea and loss of appetite. It also helps those suffering from illnesses such as AIDS, multiple sclerosis, or Crohn's disease.

Patients suffering from cancer or AIDS at the end of their lives sometimes suffer "long, slow agonizing deaths. Dying is worse than the death sometimes," said Sen. Kelley.

The most compelling testimony came from Sen. Nathaniel Exum, D-Prince George's, who recounted the battle his 25-year-old daughter waged with cancer. It ultimately claimed her life.

Her treatments left her so nauseated she was unable to eat. Exum said if marijuana could have helped her at the time, he would have gotten it for his daughter.

"I urge you to have compassion. You never know when you might be in the same position," he said.

Under federal law, any use of marijuana is illegal and the Food and Drug Administration has not approved marijuana use for any medical condition.