A bill that would allow Maryland medical marijuana patients to mount an affirmative defense against pot possession charges passed the House of Delegates Saturday after being amended and approved by the House Judiciary Committee Thursday. The measure has already been approved by the state Senate, but now must go back to the Senate for a final vote as amended before heading for the desk of Gov. Martin O'Malley (D). A bill that would allow Maryland medical marijuana patients to mount an affirmative defense against pot possession charges passed the House of Delegates Saturday after being amended and approved by the House Judiciary Committee Thursday. The measure has already been approved by the state Senate, but now must go back to the Senate for a final vote as amended before heading for the desk of Gov. Martin O'Malley (D).

Patients could still be arrested, but not convicted under the proposed law. (Image via Wikimedia.org)

The bill, Senate Bill 308, builds on the 2003 Darrel Putnam Compassionate Use Act, which allowed for a medical necessity defense, but only to limit sentences. Under the 2003 law, qualified patients could still be found guilty and stuck with a misdemeanor conviction record, but could only be fined a maximum of $100.

SB 308 amends the 2003 law so that patients with "clear and convincing evidence" that they need to use marijuana for medical reasons are no longer found guilty and fined $100, but "if the court finds that the person used or possessed marijuana because of medical necessity, the court shall enter a finding of not guilty."