Pubdate: Wed, 07 Apr 2004
Source: Frederick News Post (MD)
Copyright: 2004 Randall Family, LLC.
Contact:  http://www.fredericknewspost.com/
Details: http://www.mapinc.org/media/814
Author: George Dorsey, News-Post Staff

WOMAN: POT WORKS BETTER THAN THC PILLS

FREDERICK -- A new Maryland law which blocks incarceration for
marijuana users -- if medical necessity is proven -- was used for the
first time this week in Frederick County.

Frederick County Circuit Court Judge John H. Tisdale granted Jodi A.
Delli, 32, of Frederick probation before judgment for possession of
marijuana after her attorney, Dino Flores, convinced both the court
and assistant state's attorney, John Discavage, that smoking marijuana
aided Ms. Delli's pain management.

Mr. Flores said his client had obtained a letter from her doctor which
suggested marijuana helped her fight severe and constant pain better
than pain pills. Ms. Delli has a prescription for a legal medication
containing THC, the intoxicating substance in marijuana, but her
doctor noted that smoking marijuana seemed to ease her pain better
than the prescribed pills.

Mr. Flores said her ailment is related to "female problems" and said
the marijuana allowed her to function at a higher level than other
prescription products.

Mr. Flores said the issue of medical necessity would be difficult to
prove without corroboration from a medical doctor. He said she has
brutal, on-going pain which is eased by marijuana.

Maryland does not permit medical use of marijuana, Mr. Flores
said.

He said his client was granted probation before judgment with a
finding of medical necessity. Under this new law, the maximum would be
a $100 fine. Without a showing of medical necessity, the fine could be
up to $1,000 and one year of incarceration.

Ms. Delli was arrested Nov. 12, 2003, by Frederick police who had
obtained a search warrant based on neighbors' complaints of marijuana
smells. Marijuana and marijuana paraphernalia were seized by police. 
- ---
MAP posted-by: Richard Lake