Pubdate: Fri, 20 Jan 2017
Source: Baltimore Sun (MD)
Copyright: 2017 The Baltimore Sun Company
Contact:  http://www.baltimoresun.com/
Details: http://www.mapinc.org/media/37

MARYLAND GENERAL ASSEMBLY ETHICS COMMITTEE HIRES SPECIAL COUNSEL TO REVIEW
MORHAIM'S CANNABIS WORK

Del. Dan K. Morhaim, a Baltimore County Democrat, speaks to reporters on
the last day of the Maryland General Assembly's 2016 session. (Algerina
Perna / Baltimore Sun)

Special counsel hired for ethics investigation into Baltimore County Del.
Morhaim's cannabis work.

The General Assembly ethics committee that's investigating Del. Dan K.
Morhaim's work with a medical cannabis company has hired a special counsel
to assist with the review.

Senate President Thomas V. Mike Miller, who on Friday disclosed the hiring
of the special counsel, said the action underscores the serious nature of
the investigation.

"It's very, very unusual," Miller said. "It means we take the case very
seriously."

Morhaim's lawyer disputed that, saying he was specifically told the hiring
of an outside counsel did not mean the investigation was being given
greater scrutiny than others.

"We were told repeatedly, this is no reflection of the seriousness or lack
of seriousness, or lack of gravity or gravity of the situation," said
Timothy F. Maloney, a Greenbelt-based attorney who is representing the
Baltimore County Democrat.

Following allegations of ethical lapses by state lawmakers, Gov. Larry
Hogan proposed a broad package of reforms Thursday, saying, "We cannot
allow a culture of corruption to take root."

Standing on the steps of the State House, Hogan announced legislation that
would more clearly prohibit members...

Following allegations of ethical lapses by state lawmakers, Gov. Larry
Hogan proposed a broad package of reforms Thursday, saying, "We cannot
allow a culture of corruption to take root."

Standing on the steps of the State House, Hogan announced legislation that
would more clearly prohibit members... (Pamela Wood)

Maloney said he was told the special counsel was needed because the ethics
committee's staff had a potential conflict of interest: they advised
Morhaim on how to handle his relationship with Doctor's Orders, a company
that applied for, and won, preliminary licenses to grow and distribute
medical cannabis.

Maloney said the special counsel has been working on Morhaim's case for a
couple of months. He suggested Miller mentioned the special counsel as an
"overreaction" to Gov. Larry Hogan's announcement on Thursday of a series
of bills to overhaul government ethics and transparency laws.

Hogan's proposals include giving the state Ethics Commission jurisdiction
over ethical concerns involving lawmakers. Currently, legislators police
themselves following the recommendations of a joint committee of delegates
and senators. Twelve lawmakers representing both parties sit on the ethics
committee.

The General Assembly ethics committee operates confidentially. The
committee's chairmen, Del. Adrienne Jones of Baltimore County and Sen. Ed
DeGrange Sr. of Anne Arundel County, did not respond to requests for
comment.

House Speaker Michael E. Busch declined to comment. The Anne Arundel
Democrat cited confidentiality rules that govern the ethics committee.

The last time the legislative ethics committee hired a lawyer to assist in
an investigation was in the case of former Sen. Larry Young, Miller said.

Young, a Baltimore Democrat, was expelled from the state Senate by his
colleagues in 1998 for a series of ethics violations, including using his
office to benefit his private business. He was accused of running
corporations out of his district legislative office. Some of those
companies were paid money by health care companies that had dealings with
the state.

Young was later acquitted of extortion and bribery charges and now works
as a radio talk show host.

Other lawmakers have also been disciplined following ethics committee
investigations in recent years.

In 2013, Del. Tony McConkey -- an Anne Arundel Republican who sought to
amend legislation to make it easier for him to get his real estate license
reinstated -- was reprimanded. In 2012, Sen. Ulysses Currie -- a Prince
George's County Democrat who advanced legislation to help Shoppers Food
Warehouse, which employed him as a consultant -- was censured. Both men
continue to serve in the General Assembly.

The ethics committee's special counsel has not been named publicly. Miller
said it is a former prosecutor who is a "high visibility person."

It's not clear if the special counsel is paid, what their scope of work
entails or when the ethics committee plans to finish its investigation.

Maloney said Morhaim is eager for the investigation to conclude and
believes his client's name will be cleared.

"His disclosures are fully compliant with the law," Maloney said.

The ethics committee opened an investigation into Morhaim last year
according to people with knowledge of the inquiry.

Morhaim, who is a doctor, has been a leading proponent of legalizing
medical marijuana, also known as medical cannabis, for Marylanders with
certain chronic conditions.

As he sponsored legislation to create the industry and advocated for the
rules to govern the industry, he was also a paid consultant for Doctor's
Orders.

Morhaim has maintained that he properly disclosed his intent to work as a
consultant in the emerging cannabis industry. He has also said he
regretted not being more transparent about his relationship with the
company.

Maloney said Morhaim's advocacy affected the entire cannabis industry, not
Doctor's Orders specifically. In some cases, Morhaim suggested policies
that Doctor's Orders would disagree with, such as allowing unlimited
licenses or not allowing licenses to be sold, Maloney said.

Maloney, who represented Prince George's County in the House of Delegates
from 1979 to 1994, suggested his client is being used to make it look like
lawmakers care about ethics.

"Every once in a while, Annapolis looks to burn someone at the stake," he
said.
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