Drug Detection Article 170 From Always Test Clean

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Maryland Approves Parole Reform and Makes Progress on Medical Marijuana

Wednesday, April 18, 2007

Reform in Maryland achieved a victory earlier this month when a parole reform bill, HB 992, passed the legislature. The bill, which was approved by the Senate with only 3 days left in the legislative session, now awaits the signature of Governor Martin O'Malley. DPA advocated for the reform, which increases judicial discretion over sentencing, as part of a coalition called the Partnership for Treatment Not Incarceration.

HB 992 makes second-time nonviolent drug offenders who are sentenced to mandatory sentences eligible for parole. Under current state law, mandatory minimums cannot be paroled or suspended, but if HB 992 is signed, people will be able to get the treatment they need and return home from prison sooner. Governor O'Malley has already publicly stated his support for the bill, and his signature could come as soon as April 24.

The bill was originally a piece of broader sentencing reform legislation that would have completely done away with mandatory minimum sentences, but it was amended as it went through the committee process in the House. Naomi Long, director of DPA's work in Maryland, said, "Even though the final bill is an incremental change, it is a big step in the right direction. We are particularly grateful to the sponsors of the bill, Sen. Lisa Gladden and Del. Curt Anderson, for their work to get this bill through the legislature."

Mandatory minimums take discretion away from judges and place it solely in the hands of prosecutors who lack the experience and neutrality of judges. In an environment where prisons become a catch-all solution for social problems, this practice quickly becomes unsustainable and unjust.

Mandatory minimums also contribute to dramatically increased prison populations. Maryland's prison population has tripled in the past 20 years, from 7,731 in 1980 to 24,186 in 2003. During the 1980s and 1990s, Drug Detection For A Urine Drug Test's per capita state spending on corrections grew by over 100%.

This problem was thrown into relief during the 2007 legislative session when the governor ordered the shutdown of one of the nation's oldest and most dangerous maximum-security prisons in Jessup, Maryland.

Long said, "As we face the problem of prison overcrowding, we need to be smart on crime, and that means not giving long mandatory sentences to nonviolent people who actually need treatment."

Maryland made incremental progress on another reform issue this session as well, with work on legislation to fix the state's medical marijuana law. The existing law, which was passed in 2003, slaps patients with a criminal conviction when they successfully offer a medical necessity defense in court. This means that even a successful defense results in a permanent criminal record, which poses barriers to financial aid, housing, employment, and more.

HB 1040, The Maryland Compassionate Use Act, would have replaced the current law with one addressing the issues of cultivation, identification cards, privacy and confidentiality issues, fees, transportation, and possession.

HB 1040 made significant progress in the House, picking up more than enough votes to make it out of committee. However, the Chair of Judiciary, Del. Joseph Vallario, would not allow the bill to be voted on. DPA's Maryland office will be working throughout the summer to identify patients, doctors, and caregivers who will let Chairman Vallario know that arresting patients is unacceptable.

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