“WHEREAS, The General Assembly enacts this Act in accordance with its police power to enact legislation for the protection of the health of its citizens, as reserved to the State in the Tenth Amendment of the United States Constitution; now, therefore,”
…And then the bill goes on, letting the world know what will be permitted under Maryland law…in accordance with the Tenth Amendment of the Constitution. Powerful little amendment, I’d say.
It has also been a popular approach to the problem that every American currently faces, that being their central government’s insistence that DC is the ONLY place to approach and solve We the People’s problems.
Maryland House Delegate Cheryl Glenn (D-Baltimore) had found herself fed up with the bureaucratic process she was seeing- a process that had begun in the previous legislative session. ‘Workgroups’ were assigned to study the problem of medical cannabis 12 months ago and then deliver a proposal to the state house. Both had flaws that Glenn was not prepared to tolerate. It’s understandable really, if you consider the number of complaints about drug policy she must hear as a representative of the people of Baltimore.
“As a legislator dedicated to addressing the needs of medical marijuana patients in Maryland, I am very disappointed in both legislative proposals being offered by the commissioned workgroup,” said Del. Glenn. “I am offering a different bill — what I believe is a common-sense approach to this issue, taking into account not only the needs of medical marijuana patients, but also the needs of the larger communities in which they live.”
The radical legislation that this maverick legislator is pushing? In the big picture it is only a step in the process of addressing cannabis, with the establishment of lawful recognized medical applications. Compassionate distribution systems are also created in this bill.
Readers of HB 15, the Maryland Medical Marijuana Act, will find a marked similarity in language and concept to a bill recently introduced in Idaho by conservative Republican Tom Trail. Both bills had this as part of the language, an interesting statement on the rightful relationship between the states and the Federal government:
“WHEREAS, According to the U.S. Sentencing Commission and the Federal Bureau of Investigation, 99 out of every 100 marijuana arrests in the United States are made under state law, rather than under federal law; and
WHEREAS, Changing state law will have the practical effect of protecting from arrest the vast majority of seriously ill people who have a medical need to use marijuana; and
WHEREAS, Although federal law currently prohibits any use of marijuana, the laws of Alaska, Arizona, California, Colorado, Delaware, the District of Columbia, Hawaii, Maine, Michigan, Montana, Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, and Washington permit the medical use and cultivation of marijuana, and Maryland joins in this effort for the health and welfare of its citizens; and
WHEREAS, States are not required to enforce federal law or prosecute people for engaging in activities prohibited by federal law and, therefore, compliance with this Act does not put the State of Maryland in violation of federal law; and”…