Medical Marijuana Hearing Held In Spite Of O'Malley Veto Threat

Joyce Nalapka of Silver Spring heads Drug Free Kids. She testified against the bill. Download This File

Joe Buccheri of Baltimore uses marijuana to relieve the side effects of the drugs he takes after receiving a liver transplant six years ago. He is testifying in favor of the bill. Download This File

Sarah Eyre of Baltimore uses medical marijuana to help her relieve the pain symptoms of MS. She is testifying in favor of the bill. Download This File

Baltimore County Delegate Dan Morhaim, a physician, sponsored one of the bills being considered today and reacts to the governor's veto threat. Download This File

Talk show host and Baltimore native Montel Williams, who uses marijuana to treat his MS, appeared at the hearing to testify in favor of the legislation. (Photo by WBAL's David Collins)

Dr. Joshua Sharfstein, Secretary of health and Mental Hygiene, helped draft one of the medical marijuana bills lawmakers are considering. He now opposes the bill, and explains why. Download This File

A hearing is taking place today on legislation to legalize medical marijuana, even though aides to Governor Martin O'Malley have said the governor would veto the legislation if it comes to his desk.

WBAL News has confirmed information first reported by The Sun that O'Malley and other officials in Annapolis believe the law would be tossed out by federal judges.

Attorney General Doug Gansler has said as much.

Aides say O'Malley is also concerned that University of Maryland School of Medicine employees who would distribute medical marijuana under the legislation could be subject to federal prosecution.

Maryland's health secretary also has, repeatedly, criticized the bills too saying that his agency can no longer support any of them.

Dr. Joshua Sharfstein has expressed skepticism about medical marijuana proposals in the past, although he was part of a commission that helped draft one of the bills being considered today.

"I haven't changed my mind," Sharfstein told WBAL News prior to today's hearing.

"I still think the right policy to pursue regarding medical marijuana use would be an academic center led effort. What's changed is the legal landscape."

Sharfstein believes federal law would have to change in order for Maryland to legalize medical marijuana.

Sharfstein was part of a commission that drafted the bill sponsored by Baltimore County Delegate Dan Morhaim, who is the only physician in the Maryland General Assembly.

Morhaim plans to move forward with the bill.

"We can create a responsible, fair, medical marijuana law. We'll have the hearing. We'll see where it goes," Morhaim told WBAL News.

Morhaim believes his bill can be amended to address legal concerns.

"We've already determined that users of medical marijuana with proper defense, can be free of any guilt or conviction. Maybe one area where we can expand that is to their caregivers, under an appropriate system," Morhaim added.

Morhaim's bill, and two others,a re being considered today in a combined hearing of the House Health and Government Operations Committee and House Judiciary Committee.

Many patients who use medical marijuana for treatment of various illnesses are in Annapolis to testify in favor of the bills, and they expressed disappointment with Governor O'Malley.

"I understand where he's coming from. I understand the legal reasons for making that decision it makes me terribly sad," Sarah Eyre of Baltimore told WBAL News.

Eyre, who has multiple sclerosis, smokes marijuana to ease the pain from her disease.

"I wish that he would listen to the testimonies that are being given today, because I think he's making a terrible mistake. I think it's a vary sad thing. I think it would be a disservice to the people of Maryland," Eyre added.

Joe Buccheri, a liver transplant recipient who smokes marijuana to ease the effects of the medicines he takes, told WBAL News that he was confused by O'Malley's position, in light of his position on same sex marriage.

"He just signed into law same sex marriage, and a lot of people don't like the fact that I say that's legalizing sodomy between two men. I thought that was illegal. But somebody that wants to use marijuana or its vapors to alleviate pain, that's not Ok with him," Buccheri told WBAL News.

Joyce Nalapka of Silver Spring, who heads Drug Free Kids, told WBAL News she welcomes the news of a promised veto by the governor.

She says that even if marijuana distribution is controlled, marijuana would become more accessible to teenagers. She says teens use marijuana as a "gateway drug" that leads to the use of harder drugs.

Nalapka also says she can't understand why a doctor would recommend marijuana to their patients.

"With today's knowledge about tobacco and other drugs, I can't imagine any doctor who would prescribe something to be smoked for any illness or disease," Nalapka told WBAL News.

For his part, O'Malley left an appearance in Annapolis this morning without answering reporters' questions on the legislation.