ONYX

SB 308 - Medical Marijuana - MCPA

BILL NO: SB 308

TITLE: Public Health – Medical Marijuana

SPONSOR: Senators Brinkley, et al

COMMITTEES: Judicial Proceedings

POSITION: Oppose

The Maryland Chiefs of Police Association is opposed to SB 308.  We understand and appreciate the goals of this legislation and the reasoning behind it.  We have spent much of the last year reviewing and educating ourselves about the issue. This included meeting with the bill sponsors and hosting a forum for our membership and the Maryland Sheriffs in which proponents and opponents of the bill had an opportunity to explore the pros and cons of both sides of the issue.

We want to acknowledge and give a special thanks to the two primary sponsors, Senator David R. Brinkley and Delegate Dan K. Morhaim for their initiative and tireless efforts to provide us with information and the opportunities to explore all aspects of this issue.

While we are sympathetic to those who suffer ailments that this legislation is intended to benefit, we are opposed to the legislation for the following reasons: 

• Reviewing what has occurred in other states, we have serious concerns about the ability of the State of Maryland to regulate the process in the manner the legislation outlines. While intentions may be good, there are often unintended consequences and ramifications with every new initiative. Our concern is that the manufacture, possession and use of “medical” marijuana will spill over into our communities and our roadways, allowing access to people who do not meet the requirements of the law.   It is important to note that the manufacture, possession and use of marijuana are federal crimes.

• Allowing its use for certain “medical” conditions puts us in the very difficult position of not enforcing existing drug laws. This is the same dilemma faced by doctors and pharmacists.  This bill would allow doctors to “recommend” as opposed to “prescribe” marijuana and pharmacists cannot dispense marijuana without running afoul of DEA regulations hence the need for “distribution centers”.  This legislation would create a very difficult conflict for us as we seek to enforce both state and federal law.

• We are very concerned about the mixed signals that this bill will send to our youth. By enacting this legislation, the State of Maryland will be giving authority for people to use marijuana. Our young people will not understand the finer nuances involved in the discussion involving medical marijuana and that of the illegal drug substance. We believe they will simply hear that Maryland’s legislators support the use of marijuana. This is inconsistent with the message we have been sending, and need to continue to send, to our children.

• The American Academy of Pediatrics (AAP) believes that “[a]ny change in the legal status of marijuana, even if limited to adults, could affect the prevalence of use among adolescents.”  While it supports scientific research on the possible medical use of cannabinoids as opposed to smoked marijuana, it opposes the legalization of marijuana.[1]

• This issue is really a federal issue, with a federal solution. If there is a legitimate medical use for marijuana, then it should be “re-scheduled” to allow doctors and pharmacies to handle prescriptions and dispensing. What is occurring now is a state-by-state, patchwork attempt to side-step existing federal regulations and procedures for approval of drugs for medicinal purposes. This is producing an inconsistent, confusing and dangerous situation.

• We have consulted with law enforcement leaders throughout the country whose jurisdictions have enacted medical marijuana laws. They have shared their accounts of how these laws were abused and the resulting community issues that arose. In fact, several states are beginning to rethink these statutes because of the negative impact in their communities.

• The American Medical Association and other groups do not support these concepts.  According to a recent publication by the DEA,

• There is no sound scientific evidence that smoked marijuana can be used safely and effectively as medicine. Congress enacted laws against marijuana in 1970 based in part on its conclusion that marijuana has no scientifically proven medical value.  The Food and Drug Administration (FDA) is the federal agency responsible for approving drugs as safe and effective medicine based on valid scientific data.  The FDA has not approved smoked marijuana for any condition or disease.  The FDA noted that “there is currently sound evidence that smoked marijuana is harmful,” and “that no sound scientific studies supported medical use of marijuana for treatment in the United States, and no animal or human data supported the safety or efficacy of marijuana for general medical use.”[2] That same documents also states:

• The American Medical Association (AMA) has always endorsed “well-controlled studies of marijuana and relation cannabinoids in patients with serious conditions for which preclinical, anecdotal, or controlled evidence suggests possible efficacy and the application of such results to the understanding and treatment of disease.”  In November 2009, the AMA amended its policy, urging that marijuana’s status as a Schedule I controlled substance be reviewed “with the goal of facilitating the conduct of clinical research and development of cannabinoid-based medicines, and alternate delivery methods.”  The AMA also stated that “this should not be viewed as an endorsement of state-based medical cannabis programs, the legalization of marijuana, or that scientific evidence on the therapeutic use of cannabis meets the current standards for prescription drug product.”[3]

• The American Society of Addiction Medicine’s (ASAM) public policy statement on “medical marijuana,” clearly rejects smoking as a means of drug deliver (y).(sic) ASAM further recommends that “all cannabis, cannabis-based products and cannabis delivery devices should be subject to the same standards applicable to all other prescription medication and medical devices, and should not be distributed or otherwise provided to patients….” Without FDA approval.  ASAM also “discourages state interference in the federal medication approval process.”[4]

In summary, the MCPA understands the intent of this law and is sympathetic to those who feel they would benefit from it. However, as the law enforcement leaders most responsible for the enforcement of criminal laws in Maryland and the protection of the welfare of our communities, we oppose this legislative effort and urge an Unfavorable Report.

Contact: Chief William McMahon               Chief Michael Wynnyk

Legislative Co-Chairman               Legislative Co-Chairman

410-313-2203                                 301-277-0051

3-03-2011