Busy week in Annapolis as the Senate Judicial Proceedings Committee heard testimony on SB 995. Actually by the time the hearing started the bill was already being amended based on the testimony heard on March 9th before the joint committee hearings of the House Judiciary Committee and the Health & Government Operations Committee (HGO). The amendments being considered first extend the affirmative defense for medicinal purposes to “caregivers.” Secondly it would establish a method of patients having a certified tamper-proof letter from a treating physician to show to arresting police officers. This letter would allow police to either walk away without arresting the patient or issue a bench summons requiring the patient to appear in court to prove medical necessity prior to an actual arrest. This is as close to protection from arrest as we have gotten to date.
Like I said it has been a busy week, especially for me. On Monday evening I joined Delegates Morhaim and Glenn along with other sponsors of the bills for a press conference. Regrettably only WJZ TV channel 13 in Baltimore showed up for the event. Here is their coverage: http://baltimore.cbslocal.com/...
At that event the delegates brought their own videographers to make a video they would release to the media, send to the governor’s office as well as put up on YouTube. Here is that video as seen on YouTube: http://www.youtube.com/... So far it has not exactly gone viral with only 1590 hits.
The real excitement for the week came not from the witnesses before the Senate Judicial Proceedings Committee but from the senators asking pointed questions. Sen. Christopher B. Shank (R-Dist. 2) asked Sec. of the Department of Health & Mental Hygiene Dr. Joshua Sharfstein if he was aware that even now teachers overhear students saying “after school I’m going to get my medical.” Slang for saying they were planning on buying pot after school. He followed up with questions about why the Secretary’s position statement was an outline of the program he supported with the last line being that he couldn’t even support his plan.
The Secretary reiterated his opening statement that since certain federal prosecutors, along with State Attorney General Doug Gansler, have stated that under the laws as originally submitted, state employees would not be exempt from federal prosecution he could not support SB995. This lead to the high point of what of the afternoon.
Following up on what Sec. Sharfstein had said to Sen. Shank, Sen. Jamie Raskin, and (D-Dist. 20) pounced, first asking the Secretary if at any time during their work together on the Maryland Model Medical Marijuana Program Work Group, he thought that state employees would be exempt from prosecution. The Secretary’s answer was no. Sen. Raskin followed (paraphrasing), then you have always known that “some psychotic federal prosecutor” could have arrested anyone they felt was involved with distributing marijuana even for medicinal purposes. There was very polite and subdued snickering from the gallery.
During earlier questioning of a witness Sen. Shank had asked a patient where they got their illegal marijuana. That patient said they would prefer not to answer. When I got up next I decided to answer the senator’s question. I referred to the original question and went on to tell Sen. Shanks, “First I don’t go out looking like I do today. I don’t wear a coat and tie, with my hair slicked back. Primarily I drive around looking for bars with a lot of motorcycles out front. After all I already have long hair and a beard. I sometimes don’t even pull my hair back in a pony-tail. Then wearing a ratty t-shirt and jeans I go in and see if I can strike up a conversation with someone who can help me. I’m never sure what the outcome will be.” This is the same testimony I have been giving on this particular topic since 2007. Although sometimes I have felt the need to point out that I was testifying only to behavior that falls outside the statute of limitations.
I testified prior to Sec. Sharfstein and was planning to go home immediately afterwards. I had after all testified that my pain was “an 8 when I woke up today, it will fluctuate between an 8 and a 9 all day and will still be an 8 when I try to go to sleep.” As I watched the Secretary’s testimony Sen. Brinkley one of the bill sponsors leaned over and asked if I could stick around. He had a reporter from WHAG-TV Hagerstown, Md. coming to cover the hearing. I was glad to say yes.
After Sec. Sharfstein finished his testimony and while the reporter set up out in the lobby I got to ask the Secretary of couple of questions. I began by pointing out that whenever he testifies he claims that teenagers often suffer psychosis. I asked him to define that term as he is using it. He said that psychosis would be any break with reality. I followed up by asking him if a person in a room was laughing hysterically at something no one else thought was funny would that be a break with reality. After thinking for a moment he grudgingly said yes. I explained that this was part of patients’ problems passing anything. Experts using loaded words with broad meanings.
I went on to ask if he was aware that prior to their recent tepid endorsement of further studies on the efficacy of marijuana, the Mayo Clinic has always listed hallucinations as a side effect. He again answered in the affirmative. I asked him under that definition would it include the sensation that marijuana users describe as everything appearing more vivid after smoking marijuana, colors brighter, edges sharper, etc. Again he said he would have to say yes.
At that point I thought I had him. Dr. Sharfstein is a pediatrician and claims that he has seen many children getting into trouble because of smoking marijuana. I had one more question ready. I wanted to ask the Secretary if he thought those same teens, with the same problems, home life, lack of self-esteem, etc. would have in the 1950’s been the kids who lives were negatively affected by alcohol. Unfortunately, the reporter, Dawn White from WHAG was ready to begin her interviews and the Secretary was called away. Ms. White also interviewed me for her piece and it can be viewed here: http://your4state.com/...
The General Assembly Session lasts until, Sine Die on April 9, 2012. Until then senators and delegates will work to get out of committees a bill as amended and on to the respective houses for a vote. Then the pressure will surely move to the Governor’s office to sign whatever bill gets passed. In the end the amended bill is not exactly what patients’ are asking for but if it becomes law it will be closer still than what we have to a workable bill legalizing the medicinal use of marijuana in Maryland.