Long Wait for Medical Marijuana in Maryland May Soon be Over
Although a solid majority of Americans have been supporting marijuana reform, many lawmakers are still hesitant to cross swords with the federal government. Many of our leaders have decided doing nothing would be a safer choice than to take any new and bold legislative direction.
Governor Martin O’Malley has often found himself between this federal rock and public hard place. Mr. O’Malley has not exactly been on the side of activists looking to change marijuana law. However, he has not taken a dramatic public stance against marijuana reform as other politicians have. For the past several years, there have been multiple attempts by both lawmakers and activists to set up a viable medical marijuana program. Maryland’s governor has stated that he is afraid of state employees facing federal prosecution.
The result has been a legal stalemate and created a convoluted legal situation for Maryland residents. Medical marijuana is not permitted per se, however, a 2003 law allows for a possible medical marijuana defense. If an individual is arrested for marijuana, and can prove in court that they have a medical necessity to use cannabis, then a judge can reduce their sentence to as little as a $100 fine. However, if a state does not recognize even one condition as qualifying for medical use, exactly what guidelines are judges using to determine if a patient’s legitimate medical use?
Fortunately, it seems Governor O’Malley is going to help bring clarity to the situation. At the very least he is willing to step aside as lawmakers consider a bill to legalize medical marijuana in Maryland. Last year the governor threatened to veto the bill but has since changed his mind. Dr. Joshua M. Sharfstein, Maryland state secretary of health and mental hygiene, said the state will now take a “yellow light” approach. He said that it seems clear that state employees will not be prosecuted by federal authorities based on what has gone on in other states. Because of this Dr. Shaftstein recently said “I think we feel a little more comfortable moving forward.” Many critics will wonder exactly when there was this deep fear of state employees being arrested by the feds.
Mr. O’Malley is an influential governor and it will be interesting to see if a Maryland medical marijuana program motivates other states to enact similar programs. The fear of federal agents prosecuting state employees has been used as a shield for other states to try and prevent medical marijuana programs, including Arizona and Governor Jan Brewer. Martin O’Malley is a close ally to President Barack Obama and we do have to wonder if he has learned anything new insider information to bring about his recent political transformation.
Marijuana: A Gift of the Left to America’s Youth – National Review Online Snoop wants to smoke pot with Bill Clinton, Obama – Daily Caller