Prince Frederick, MD – A legal battle over the issue of medical marijuana could be brewing in Calvert County. On Tuesday, Dec. 8 the Calvert County Commissioners were briefed by County Attorney John Norris regarding potential ramifications of the location of medical marijuana within the county.
Following Norris’ presentation, the commissioners voted 4-to-1 to request state legislation that would allow Calvert authorities to decide the fate of any plan to cultivate, process and dispense medical treatment marijuana.
In a memo to the commissioners, Norris (pictured, right) noted that “federal law prohibits the cultivation, distribution and possession of marijuana. No exception is made for marijuana used in the course of a recommended medical treatment.”
The Maryland General Assembly, however, has passed measures that legalize prescribing, growing, processing, dispensing, procession and use of marijuana by certain individuals for medical purposes. Currently, the Maryland Medical Cannabis Commission (MMCC) is considering applications for medicinal marijuana business licenses in the state. Norris further noted Maryland’s approved legislation includes “a provision for the defense of state employees charged with a federal crime in passing a medical marijuana growing, processing or distribution center. The state general fund would support the state employee’s criminal defense.”
Norris stated there is currently no protection from criminal liability for county government employees charged with reviewing, inspecting and approving zoning permits, site plans, building permits, grading permits, sediment and erosion control plans for medical marijuana enterprises. The attorney stated federal government seizure of properties where medical marijuana operations are occurring could have a significant adverse impact on Calvert’s tax base.
“We at the local level are caught between two rocks,” Commissioners’ Vice President Evan K. Slaughenhoupt Jr. [R – District 3] stated.
“We control it,” Commissioner Mike Hart (pictured above) declared, adding that county government should exercise its discretion and deny use and occupancy permits for any medicinal marijuana enterprise that attempts to operate within Calvert. “Let the state take it to court.”
“We are prepared to challenge the county,” said Kevin Merillat of 840 Inc., a local syndicate that has applied with MMCC to establish a medical marijuana enterprise in Calvert. Merillat told The BayNet the commissioners’ actions were “denying medical treatment to the people of Calvert County. This is a state law.”
Merillat, who was out of town and did not attend the commissioners’ meeting, said he remains confident that the 840 Inc. application will not lose favor with the MMCC in light of the commissioners’ actions.
Furthermore, Merillat dismissed the notion that federal officials could enter Calvert and take punitive actions on the county government and landowners due to the presence of medical marijuana enterprises. He cited the Rohrabacher-Farr Amendment, which prohibits the Department of Justice from interfering with state medical marijuana programs and the patients who rely on them.
Commissioner Tom Hejl [R – At Large] made the motion to ask the Calvert County Delegation to Annapolis to submit legislation that would give the county the autonomy to deny permits for medical marijuana operations in Calvert. The vote was 4-to-1 with Commissioners’ President Steve Weems [R – At Large] voting opposed.
As part of the motion, a majority of the board agreed to scuttle a request to the state to collect a medical cannabis tax for any grower, processor or dispenser located in Calvert County. The commissioners are scheduled to meet with the Calvert County Delegation Tuesday evening, December 15 at Calvert Pines Senior Center beginning at 7 p.m.
Contact Marty Madden at marty.madden@thebaynet.com