Medical marijuana supporters are emboldened to pursue a stronger Maryland law in the wake of U.S. Attorney General Eric Holder's announcement this week to limit federal prosecutions.
Holder said Monday that the U.S. Justice Department would not prosecute users and distributors of medicinal marijuana as long as they followed state laws.
For years, House Judiciary Committee Chairman Joseph F. Vallario has thwarted legislation that would have provided terminally ill patients access to marijuana because someone following the state law would be in violation of federal law.
"The chairman's objections are mitigated by the announcement. If he's willing to be flexible on it, we're ready to show him massive public support for [a medical marijuana law]," said Michael Rigby, a member of the management team for Maryland Safe Access, an organization that lobbies for medical marijuana laws.
In 2003, Maryland passed legislation that if people charged with marijuana possession proved "medical necessity," they could face no more than a $100 fine.
The bill was offered by Vallario (D-Dist. 27A) of Upper Marlboro as a compromise to more far-reaching proposals.
Vallario did not return a call seeking comment.
Bills have had broad support in the General Assembly, with co-sponsors among the legislature's most liberal and most conservative lawmakers.
Before Holder's announcement, supporters were considering waiting to push for legislation until after the 2010 election. Rigby said his organization is rethinking that strategy.
"This is not a political third rail," said Donald Murphy, a lawmaker turned lobbyist who has been a champion for the issue.
In fact, it could be a political plus, said Murphy, a Republican.
"This is a bone you can throw to the constituency of the Democratic Party that will cost them nothing and will earn them big points," he said.
When Murphy was a legislator, a friend fighting cancer turned to him and asked for a change in the state's drug laws.
Darrell Putman of Woodbine, who ran a horse-and-carriage business, feared that he would lose his home and business if he was caught with marijuana, which he smoked to ease his pain and loss of appetite.
Murphy introduced the Darrell Putman Compassionate Use Act his last two years in the legislature, 2001 and 2002. Both times, committees killed the bill. Vallario's compromise was tacked on to the 2003 version.
The legislation originally prohibited an arrest, prosecution or penalties for someone using marijuana for medicinal purposes. It also required anyone being treated with medical marijuana to carry a card issued by the Department of Health and Mental Hygiene.
Rigby, a Kensington resident, said he hopes to find a lawmaker to introduce the Putman legislation unchanged.
The Vallario compromise has not prevented cancer patients from facing legal troubles.
In February 2004, Pamela Hughes of Silver Spring was arrested while smoking marijuana in a park. She handed the police officer a doctor's note recommending she use marijuana to treat her illnesses. Cancer and fibromyalgia gave her migraines, sleep deprivation, appetite loss and other pain.
The doctor's recommendation proved to a judge that she was using marijuana medicinally, and she received a $100 fine with no probation.
Hughes said Thursday that Holder's announcements makes her feel "even more safe."
"I appreciate the progress we made but they still need to make it more clear and more definite in terms of our protection," she said.
Staff Writer Jason Tomassini contributed to this report.