CareFirst changes OK'd

The governor’s decision to sign the CareFirst legislation capped weeks of furious lobbying and sparked a round of lawsuits and legal maneuvering from Maryland to Chicago.

The measure to restructure CareFirst’s board of directors was prompted by the nonprofit health insurer’s efforts to transform itself into a for-profit entity. It then planned to sell itself to a California company.

The state’s insurance commissioner ultimately rejected CareFirst’s plan, and legislators – furious about bonuses sought by company executives and about other portions of the deal – nevertheless sought to remake the board.

While the legal wrangling could draw national attention, so could Ehrlich’s decision to become only the second governor in the nation – and the first Republican – to sign medical marijuana legislation.

The governor acted as some Republicans in Congress push to discourage states from enacting laws to decriminalize the use of marijuana by the seriously ill.

The governor gave his approval to the medical marijuana and CareFirst legislation during a State House ceremony in which he signed dozens of bills, including his administration’s charter schools initiative and a proposal to reshape the state pension board by removing some members and replacing them with people who have financial expertise.

The approvals came one day after the governor angered leading Democrats by vetoing a $135 million corporate tax package and a proposal to let undocumented immigrants pay in-state tuition rates at Maryland’s public colleges and university.

Yesterday, those same Democrats praised Ehrlich for setting a more moderate tone during the final round of bill signings.

“I think overall on policy, Governor Ehrlich has been pretty progressive,” said House Speaker Michael E. Busch, an Anne Arundel County Democrat who embraced the governor’s support of the CareFirst legislation. “Besides the fiscal issues, he would be a moderate.”

For those trying to divine clues about the direction of Ehrlich’s administration, the governor’s decisions this year offered mixed messages.

While conservatives approved of his veto of the tax package, Ehrlich said his actions yesterday prove that he is not beholden to the right wing of his party.

“There are two wings of the Republican Party,” Ehrlich said. “One traditional conservative, and one libertarian conservative. I belong to the latter and always have.”

Senate President Thomas V. Mike Miller said he thinks Ehrlich “was fairly balanced” on issues, except the budget.

“I am pleased he rejected the White House” on medical marijuana, Miller said.

The Bush administration and top national Republicans pressured Ehrlich to veto the medical marijuana proposal, arguing that it was the first step toward outright drug legalization.

The measure, which takes effect Oct. 1, sets a maximum $100 fine for very sick patients arrested with marijuana. Federal drug laws would still apply. The current state penalty is up to a year in prison and a $1,000 fine.

Ehrlich, who long has supported relaxing penalties for medicinal use of marijuana, said yesterday that he resisted the pressure from his political allies by going with his conscience.

“This is a position I’ve had for many, many years, and it is not without controversy,” said Ehrlich, who has spoken of watching his brother-in-law die of cancer two years ago.

The bill is named after Darrell Putman, a Howard County man who used the drug before dying of cancer. His wife, Shay Putman, praised Ehrlich’s decision to sign the bill.

“He was determined before he died he would get it through, and I was determined after he died to get it through,” she said, adding that the drug allowed her husband to eat and digest food during his final weeks.

Erin Hildebrandt, a Smithsburg mother of five children who occasionally uses marijuana to relieve symptoms of Crohn’s disease, said she no longer has to worry about going to jail. “At least now I am not going to be hauled to prison if I am caught and my kids would be without a mom,” she said.

Maryland becomes the ninth state in the country to offer some form of legal protection to medical marijuana users. But in seven of those states, the measures were enacted through ballot initiatives; only Hawaii and Maryland have approved medical marijuana laws through the legislative process.

Former Del. Donald E. Murphy, a Baltimore County Republican who lobbied for the bill, called Ehrlich’s decision “historic” because he clears the way for other GOP governors to support the movement.

“Bob Ehrlich is the first Republican governor to sign a medical marijuana bill, and it shows that the [White House] drug czar is way out of the mainstream,” Murphy said.

But John P. Walters, the White House drug policy coordinator, said in a statement yesterday that Ehrlich could be opening the door to greater drug abuse.

Dr. Robert L. DuPont, the former director of the National Institute on Drug Abuse, also condemned Ehrlich’s decision.

“I think he will come to regret this decision,” said DuPont, who served as drug czar under Presidents Nixon and Ford. “Medical marijuana is a hoax. It’s a Trojan horse for the legalization movement.”

Joseph E. McGeeney – chairman of the Maryland, Delaware and District of Columbia Elks Association Drug Awareness Program – said he will begin collecting signatures to call for a referendum on the law.

“This sends the wrong message to our kids,” McGeeney said. “It says it is OK to smoke marijuana.”

Ehrlich argued that he remains committed to fighting illegal drug use, but that a distinction needs to be made for “end-of-life situations.”

The governor also said he opposes an effort by Congress to fight the medical marijuana movement by putting pressure on states. Republicans on the House Government Reform Committee are pushing legislation to prohibit states with medical marijuana laws from receiving federal anti-drug money.

“I would hate to see that legislation pass,” Ehrlich said.

Also yesterday, Ehrlich signed the charter schools legislation, one of his top priorities.

State Schools Superintendent Nancy S. Grasmick, who joined the governor for the bill signing, said the legislation would allow Maryland to apply for a share of $220 million in federal grants that could be used to set up public charter schools.

The taxpayer-funded schools are managed independently of school districts. The legislation gives local school boards the authority to grant a charter, but rejected applicants can appeal decisions to the State Board of Education.

“I think it is responsive to the community in terms of looking at a variety of options in education,” Grasmick said.

Other bills signed yesterday by the governor include measures that would: