A great victory for suffering patients! Maryland has finally passed a “Medical Necessity” defense statute. For several years, medical necessity was a mitigating factor to possession of marijuana, but still subjected a defendant to a misdemeanor conviction and a $100 fine. Under the new statute, “Medical Necessity” is an affirmative defense to the possession of Marijuana. If the defendant shows clear and convincing evidence of a medical necessity, the court will find the defendant not guilty.
While Maryland has not joined the other “Medical Marijuana” states, it has taken a major step in recognizing the necessary and effective relief that marijuana can provide certain patients, and eliminating the criminality to which those patients were previously subjected.
As of June 1, 2011, Maryland Crim. Code 5-601(c)(3) will read:
(i) In a prosecution for the use or possession of marijuana, the defendant may introduce and the court shall consider as an affirmative defense any evidence of medical necessity.
(ii) Notwithstanding paragraph (2) of this subsection, if the court finds that the person used or possessed marijuana because of a medical necessity, the court shall enter a finding of not guilty.
(iii)
(1) The court shall find that marijuana was used or possessed because of medical necesitty if the defendendant establishes by clear and convincing evidence that the defendant is sufferering from an illness or ailment, or symptoms created by treatment of an illness or ailment, for which the defendant is likely to receive therapeutic or palliative relief from marijuana(2) Evidence of medical necessity may include:
(A) A written statement from a licensed physician stating that, in the physician’s professional opinion, the defendant is likely to receive therapeutic or palliative relief from marijuana;
(B) Medical reconrds demonstrating illness or ailment, or symptoms created by treament of an illness or ailment for which the defendant is likely to receive therapeutic or palliative relief from marijuana;
(C) Testimony by the defendant’s licensed physician that, in the physician’s professional opinion, the defendant is likely to receive therapeutic or palliative relief from marijuana
Download Senate Bill 308 here »
Comments are closed.