28                          JOURNAL OF PROCEEDINGS                  [Dec. 16

separate and different penalties for violations of subsection (c) and sub-
section (e) were not changed.

The Attorney General's office has advised me that the Bill in its
present form is entirely unclear and may represent a lowering of the
penalty for first offenders of the prohibition against possessing LSD.

One thing which is not completely clear under the amended Bill is
whether possession of the drug on the one hand and self-administration of
the drug on the other, are any longer entirely separate offenses subject to
different and possibly cumulative penalties.

Another problem with the amended version of the Bill concerns the
penalty for possession of the drug for purposes of self-administration.
This is made unlawful by subsection (c) and, under subsection (g), viola-
tions of subsection (c) are subject to a maximum penalty of a $500 fine or
one year imprisonment. But, subsection (c) itself provides that possession
for purposes of self-administration is subject to the penalty provided for
violations of subsection (e), and subsection (g) provides a maximum
penalty of a $100 fine for violations of subsection (e).

Finally, as the amended Bill would probably be construed, the penalty
for possession for purposes of self-administration is being lessened. Under
the present law, any unauthorized possession, including possession for
purposes of self-administration, subject to a maximum penalty of a $500
fine or one year imprisonment or both. Under the amended Bill, posses-
sion for purposes of self-administration appears to be subject to the same
penalty as violations of subsection (e), which is a maximum fine of $100.

Because House Bill 820 is unclear and because it apparently lowers
the penalty for the offense of possessing LSD, I have decided to veto it.

Sincerely,

/s/ Marvin Mandel,

Governor.
Bead and journalized.

Vetoed by the Governor—May 28, 1969
House Bill No. 820—By Delegate Menes:

An Act to repeal and re-enact, with amendments, Section SECTIONS
122B(C) AND 122B(g) of Article 27 of the Annotated Code of Maryland
(1968 Supplement), title "Crime and Punishments," subtitle "Drugs," to
provide a penalty for second and subsequent offenders convicted of vio-
lating any of the provisions pertaining to the use of the drug LSD AND
TO PROVIDE THAT POSSESSION OF LSD FOR PURPOSES OF
ADMINISTERING TO ONESELF OR TAKING INTERNALLY NOT
UNDER THE DIRECTION OF A LICENSED PHYSICIAN SHALL BE
PUNISHABLE BY THE PENALTY PROVIDED FOR VIOLATIONS
OF SUBSECTION (E) OF THIS SECTION.

The Speaker put the question: Shall the bill pass notwithstanding
the objections of the Executive?

Affirmative—None

Negative
Delegates—

Mr. Speaker, Briscoe, Fowler, Boyer, Athey, Thomason, Lipin, Burkhead, Connell,
Helms, Allen, Fornos, Anderson, Benner, Compton, Nimmerrichter, Arata, Coolahan,