Little Victories

Little victories is often the path to true success. Yesterday the Maryland General Assembly passed a medical marijuana law. Well a sort of medical marijuana law anyway. With the passage of SB 308 Maryland has improved on its severely flawed Darrell Putnam Compassionate Use Act. Under Putnam a person arrested on marijuana charges could argue that they were doing so for medicinal purposes. However that argument can not be used at trial only at sentencing. Under SB 308 the medicinal use of marijuana will be allowed at trial as a mitigating circumstance, it is an affirmative defense. If the judge or jury agrees, than the defendant is found not guilty by reason of necessity. This is similar to if you kill someone in self defense or defense of others you can not be convicted of any homicide charge.

The other provision in the new law is the creation of a work group to study how to implement a true medical marijuana program. There are now many different approaches as to how to do this. Most people are agreed that we don't want to copy California's model. No one wants "pot docs" setting up shop next to dispensaries handing out recommendations to anybody with an ache or a pain. Those who oppose the California plan frequently point to a story 60 Minutes did a few years ago that showed a guy getting a medical marijuana recommendation for a sprained ankle. I agree we have to avoid this. Medicinal marijuana is supposed to be for people with severe, chronic pain. A sprained ankle is an accute injury, treatable with rest, ice, compression and elevation, along with a couple of aspirin. If aspirin or Tylenol or Advil doesn't cut it, try a shot of bourbon. If you can't drink OK try some pot but do so at your own risk until marijuana is as legal as alcohol.

The work group will have to examine how medical marijuana is working in other states. The sponsors of the new law wanted a New Jersey style law. One that relies on large grows along with heavily regulated and licensed dispensaries. The short comings of these plans have been widely publicized. Mainly it is that if the DEA raids them like they are still doing in other states, in one day Maryland's supply of legal medicinal marijuana will go up in smoke.

I am at the other end of the spectrum. I favor personal cultivation and very small patient co-ops. In a co-op the patients collectively own the cannabis. (I was going to say jointly but that sounded cliche') The logic of this plan is it is modeled after the growth and distribution plan that exists in most states, that being "under the radar." Until Congress passes a medical marijuana law we can not risk poking the dog that is the DEA with a stick. It just pisses them off and everyone suffers.

I have a number of people recommending me to Gov. O'Malley to be the citizen that favors medical marijuana that the bill says is to be included in a work group to study how to go forward from here. If I am you can be sure I will be pushing for personal cultivation and small co-ops over large grows and heavily regulated dispensaries. Licensing is OK because from a legal stand point I view Medical Marijuana ID cards as a license to use cannabis to treat my debilitiating pain.

Congratulations to all the patients and advocates that made this happen. Thanks also to Senators Brinkley and Raskin along with Del. Morhaim who have championed this cause for the last two years. I also want to publically thank two people for getting me involved in this legisaltive process. First, Naomi Long, formerly of Drug Policy Alliance and second, Caren Woodson, formerly of Americans for Safe Access, it is these two terrifc women who convinced me that I could testify without law enforecement knocking the door down, so thanks ladies.