Senate set to vote on medical marijuana
Bill won't pass the House, however, where lawmakers want to study pitfalls
ANNAPOLIS The Senate today gave preliminary approval to a bill allowing physicians to prescribe medical marijuana to long-term patients.
But the legislation, which also authorizes the state health department to license growers and dispensaries, will not pass both chambers this year because it did not make it out of committee in the House of Delegates.
Delegates say they support the bill in concept but decided to form a work group of legislators from the House Judiciary and Health and Government Operations committees to address how best to implement a program.
Senate President Thomas V. Mike Miller Jr. (D-Dist. 28) of Chesapeake Beach has said that passing the bill in the Senate could lay the foundation for passage in the future.
With other states taking up the issue this year, "It's a foregone conclusion [to pass it in Maryland] in the next couple of years," said Sen. Robert A. Zirkin (D-Dist. 11) of Owings Mills.
Sen. David R. Brinkley, the bill's sponsor, isn't so sure. After this year's election, the bill would face a new group of legislators and "a new learning curve," he said.
Brinkley said he introduced the bill in order to establish a responsible, legal way for patients suffering from chronic and debilitating illnesses to get medical marijuana. Some of the first states to legalize medical marijuana have been beset by problems.
The Senate "realizes the importance of moving forward for patients to try to get them out of the black market," said Brinkley (R-Dist. 4) of New Market. "It is my hope that Maryland can be a model so that we avoid the disrepute of California and other states that did not approach this in a wise and responsible manner."
On Thursday, senators accepted an amendment to the Senate bill, offered by Sen. Andrew P. Harris, to license growers, dispensers and prescribers separately. Harris, an anesthesiologist, had earlier said that the ability to act as grower, dispenser and prescriber could lead to an influx of doctors seeking to profit from the law and could lead to doctors overprescribing the drug.
"This is where you get into trouble," said Harris (R-Dist. 7) of Cockeysville.
Earlier in the debate, the Senate rejected several amendments offered by Harris, including one that called for medical marijuana to be distributed through pharmacies only.
Harris said the dispensaries presented a "loophole in the system. This is where the leakage occurred in other states.
"You don't need to go outside the system, you don't need to create a dispensary," he said. "We should be doing it through these already-licensed channels."
The dispensary centers would be local health centers, said Sen. David R. Brinkley (R-Dist. 4) of New Market, the bill's sponsor. "They would be geographically spread so they would still be under the control of the local government and the state government in that fashion."
The amendment failed.
The Senate debate highlighted some of the reservations legislators still harbor about the bill, even as it moves ahead.
Sen. Edward J. Kasemeyer (D-Dist. 12) of Columbia raised questions about an amendment tacked on by the Senate Judicial Proceedings Committee that would bar marijuana use in a rental unit or if prohibited by a condominium or homeowners association.
"Where do you go to use it then?" Kasemeyer asked.
"If you've got a friend with a single-family [home]," said Sen. Jamie B. Raskin (D-Dist. 20) of Takoma Park, a member of the Senate Judicial Proceedings Committee who led the floor debate.
"Oh, you go to a friend's house. OK," Kasemeyer said.
"Believe me, this was not something that made everybody happy in committee," Raskin said.
A final Senate vote could come as early as Saturday.