Medicinal in MD?

[martian]

i came across this Maryland - NORML but maryland isn't listed under medical states on this forum.

martian Reviewed by martian on 03-01-2010. Medicinal in MD? i came across this Maryland - NORML but maryland isn't listed under medical states on this forum. Rating: 5

[GetThisOrDie]

I live across the river from MD and the laws there are strange...

This is what I know about it. They have medical MJ but have no registration or id cards. A doctor can recommend MJ but thats as far as it goes. They dont have any regulations or formal protection for patients who were "recommended".

Also think its up to 1oz that you can have and claim medicinal in court as long as you have a doctors recommendation. Ya I still think you have to go to court and all so its not really a good place for medical from what all my friends there say.

Hope someone who knows a bit more can give better info or correct me if im wrong!

[martian]

hey thanks a lot for the information i appreciate it.

[gypski]

Maryland does not want patients to grow their own. Its going to be state run just like New Jersey. :wtf:

Med. Marijuana To Be Highly Controlled Under Bill - Politics News Story - WBAL Baltimore

[jamessr]

ASA:Becoming a Patient in Maryland

Home » Legal Info » How to Become a Legal Patient » Becoming a Patient in Maryland

Becoming a Patient in Maryland

Table of Contents

1. Introduction
2. Becoming A Patient
1. Age Limits
2. Personal Records
3. Limitations and Protections under Initiative
1. Possession, Growing, and Consumption Limitations
2. Paraphernalia associated with medical use
3. Access to Medical Marijuana
4. Caregivers
5. Housing and Employment
6. Reciprocity
7. Law Enforcement
8. Confidentiality
9. Insurance

I. Introduction

On May 22, 2003 - Maryland became the ninth state to legalize the medical use of marijuana. Governor Robert L. Ehrlich, Jr. signed a bill (which went into effect on October 1, 2003), that applies to defendants possessing less than one ounce of marijuana and who can prove they used marijuana out of medical necessity and with a doctor's recommendation. Under Maryland's medical marijuana law, patients are protected from a criminal record and possible imprisonment. The maximum penalty for possession of marijuana by a patient with a valid doctor's recommendation is $100. Ehrlich, the first Republican governor to sign a bill relaxing penalties for medicinal use of marijuana, signed the measure despite intense pressure from the Bush administration to veto it.

Recently, Frederick County Circuit Court Judge John H. Tisdale granted "probation before judgment" to a woman charged with marijuana possession. A letter from the woman's physician proved her medical necessity both to the court and to the assistant state's attorney. The medical marijuana patient was then granted one year of probation and was not fined. Under Maryland law, if she avoids legal trouble for the duration of her probation, the charges will be dropped entirely. If, however, she violates her probation, the maximum penalty for her medical marijuana use remains at $100, with no possible jail time.
II. Becoming A Patient

Since Maryland only provides an affirmative defense in court for medical marijuana patients, there is no real process for becoming a patient other than receiving a valid doctor's recommendation. Therefore, there is no registration fee, identification card, or list of eligible medical conditions provided. Additionally, Maryland's medical marijuana law does not state what is considered to be valid written documentation to prove eligibility, or how to find a physician to recommend medical marijuana.
A. Age Limits

Age limits are not addressed under Maryland's medical marijuana law.
B. Personal Records

Americans for Safe Access strongly urges all patients to keep copies of all paperwork they have related to their status as a medical marijuana patient as proof of legal status. This is meant to protect patients from possible future encounters with law enforcement agents.
III. Limitations and Protections under the Initiative

Under MCL § 5-601 (2004), in a prosecution for the use or possession of marijuana, the defendant may introduce and the court shall consider as a mitigating factor any evidence of medical necessity. If the court finds that the person used or possessed marijuana because of medical necessity, on conviction of a violation of this section, the maximum penalty that the court may impose on the person is a fine not exceeding $100.

Additionally, in a prosecution involving drug paraphernalia related to marijuana, the defendant may introduce and the court shall consider as a mitigating factor any evidence of medical necessity.
A. Possession, Growing, and Consumption Limitations

Maryland's medical marijuana law only protects patients who possess less than one ounce of marijuana with a doctor's recommendation. No additional provisions are given concerning the growing or consumption of marijuana for medical reasons.
B. Paraphernalia associated with medical use

Maryland's medical marijuana law further states that: "if the court finds that the person used or possessed drug paraphernalia related to marijuana because of medical necessity, the maximum penalty that the court may impose on the person is a fine not exceeding $100."
C. Access to Medical Marijuana

No provision is made in Maryland's medical marijuana law for accessibility of medical marijuana to patients. This includes the absence of any mention of growing/dispensing collectives and cooperatives.
D. Caregivers

No mention of caregivers is made in Maryland's medical marijuana law.
E. Housing and Employment

Maryland's medical marijuana law does not discuss whether patients are protected from punitive consequences for their conduct as a patient in either their housing or employment situations.
F. Reciprocity

Maryland Residents: Maryland currently has no reciprocity agreements with other states to honor Maryland's medical marijuana patients. This includes even those states that currently have medical marijuana laws of their own. However, in Montana, medical marijuana patients from other states who are valid medical marijuana patients under that state's law are protected under Section 4(8) of the Montana Medical Marijuana Act [Sec. 50-46-201(8), MCA]. A registry identification card or its equivalent issued by another state government to permit the medical use of marijuana by a qualifying patient or to permit a person to assist with a qualifying patient's medical use of marijuana has the same force and effect as a registry identification card issued by the Department of Public Health and Human Services in Montana. Therefore, medical marijuana patients from Maryland should be protected in Montana under Montana state law. See the Montana Patients Guide for details on the protections and limitations that Montana state law affords medical marijuana patients.

In states with no medical marijuana program, marijuana use, regardless of a doctor's recommendation, is illegal. Medical marijuana patients may be arrested and charged with civil or criminal offenses in those states.
G. Law Enforcement

Maryland's medical marijuana law is also void of any provisions regarding law enforcement. This includes protections afforded to patients, punitive liability for patients (other than a $100 fine), and state liability regarding medical marijuana.
H. Confidentiality

The issue of confidentiality is not discussed under Maryland's medical marijuana law.
I. Insurance

The issue of insurance coverage is not discussed



Here's a news article about new legislation.

Maryland Lawmakers to Introduce Medical Marijuana Legislation | CommonDreams.org


CONTACT: Marijuana Policy Project (MPP)
Mike Meno, MPP assistant director of communications
202-905-2030 or [email protected]
Maryland Lawmakers to Introduce Medical Marijuana Legislation
Tuesday press conference will unveil proposal to allow qualified patients to obtain and use medical marijuana with doctorâ??s recommendation
ANNAPOLIS, Md. - January 25 - Tomorrow, Maryland lawmakers, patients and advocates will hold a press conference to announce the introduction of medical marijuana legislation in the Maryland state legislature.

"This bill will provide Maryland's doctors and patients with another tool in the toolbox, to be used safely and responsibly like any other therapy," said Del. Dan Morhaim (D-Baltimore County), the bill's co-sponsor and a physician board-certified in both Internal Medicine and Emergency Medicine. "I can't emphasize enough how important it is for patients to have access to the medicines that work best for them, especially for those suffering from serious ailments like cancer and multiple sclerosis. Marijuana may provide the greatest possible relief, one that can help when other therapies are not effective."

Fourteen other states, including New Jersey, and the District of Columbia have passed laws that give seriously ill patients safe access to medical marijuana and protection from criminal prosecution. Maryland's current law provides medical marijuana patients with a limited affirmative defense in court, but no protection from arrest. Patients can still be given a $100 fine that results in a criminal conviction.

"As a cancer survivor, I feel that it shouldn't be the policy of this or any other state to arrest, prosecute or imprison a person who uses marijuana under a doctor's advice to alleviate pain and suffering," said Sen. David Brinkley (R-Frederick County), the bill's co-sponsor in the Senate. "We don't want the government to interfere with the doctor/patient relationship in that way. I just watched my mother pass away from cancer as she chose to forego the only options that doctors could prescribe her to relieve her pain, because the treatments were so excruciating. If you disagree with me, I ask: would you call the police on a family member who confided in you that they were using marijuana under a doctor's order to ease their suffering from cancer or MS?"

WHAT: Press conference to announce the introduction of a medical marijuana bill in Maryland



WHO: Maryland state lawmakers, patients and advocates

WHEN: Tuesday, January 26, at 3 p.m.

WHERE: Room 318 in the House

[martian]

thanks for the link. interesting stuff.