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2011 Legislative Highlights

These are some of the major legislative issues that the Maryland Sheriffs’ Association dealt with in the 2011 Maryland General Assembly Session which ended on April 11^th , 2011.

HB 291/SB 308– Public Health – Medical Marijuana

Maryland Sheriffs' Association (MSA) Opposed this initiative and offered the following written testimony to the Committee:

The Maryland Sheriffs' Association members have worked closely with the Maryland Chiefs of Police Association in examining HB 291/SB 308.

Additionally, because we are not trained to do so, we want to make it clear that we are not addressing the issue of relief of pain or suffering.

However, we too have serious concerns about instituting this regimen in the State of Maryland, whose communities and citizens we have been elected to protect. Therefore, for all the reasons stated by the Chiefs of Police Association in their position paper (attached), we join them in urging an Unfavorable Report on these two bills, and seek the appropriate resolution from the federal government.

The following is a discussion of what was passed this year.

Maryland law currently allows evidence of medical use as a mitigating factor but does not provide a means for patients to obtain marijuana. Senate Bill 308 (passed) provides that in a prosecution for the use or possession of marijuana or for the use or possession of drug paraphernalia related to marijuana, it is an affirmative defense that the defendant used or possessed the marijuana or marijuana paraphernalia because (1) the defendant has a debilitating medical condition that has been diagnosed by a physician with whom the defendant has a bona fide physician-patient relationship; (2) the debilitating medical condition is severe and resistant to conventional medicine; and (3) marijuana is likely to provide the defendant with therapeutic or palliative relief from the debilitating medical condition. The affirmative defense may not be used if the defendant was using marijuana in a public place or was in possession of more than one ounce of marijuana.

The bill defines "bona fide physician-patient relationship" as a relationship in which the physician has ongoing responsibility for the assessment, care, and treatment of a patient's medical condition. The bill further defines "debilitating medical condition" as a chronic or debilitating disease or medical condition or the treatment of a chronic or debilitating disease or medical condition that produces one or more of the following, as documented by a physician with whom the patient has a bona fide physician-patient relationship: (1) cachexia or wasting syndrome; (2) severe or chronic pain; (3) severe nausea; (4) seizures; (5) severe and persistent muscle spasms; or (6) any other condition that is severe and resistant to conventional medicine.

The bill provides that the Board of Physicians may not reprimand, place on probation, or suspend or revoke a license of a licensee for providing a patient with a written statement, medical records, or testimony that, in the licensee's professional opinion, the patient is likely to receive therapeutic or palliative relief from marijuana.

In addition, the bill requires the Secretary of Health and Mental Hygiene to convene a workgroup to develop a model program for facilitating patient access to marijuana for medical purposes. By December 1, 2011, the Secretary must report on the workgroup's findings, including draft legislation that establishes a program to provide access to marijuana in the State for medical purposes.

NOTE: The legislation calls for the Maryland Sheriffs, the Maryland Chiefs of Police and the State FOP to each have a representative serve on this workgroup.