Marijuana Law, Policy & Reform

Editor: Douglas A. Berman
Moritz College of Law

Saturday, June 16, 2018

"High on Crime? Exploring the Effects of Marijuana Dispensary Laws on Crime in California Counties"

The title of this post is the title of this notable new research now available via SSRN authored by Priscillia Hunt, Rosalie Liccardo Pacula and Gabriel Weinberger. Here is its abstract:

Regulated marijuana markets are more common today than outright prohibitions across the U.S. states.  Advocates for policies that would legalize marijuana recreational markets frequently argue that such laws will eliminate crime associated with the black markets, which many argue is the only link between marijuana use and crime.  Law enforcement, however, has consistently argued that marijuana medical dispensaries (regulated retail sale and a common method of medical marijuana distribution), create crime in neighborhoods with these store-fronts.

This study offers new insight into the question by exploiting newly collected longitudinal data on local marijuana ordinances within California and thoroughly examining the extent to which counties that permit dispensaries experience changes in violent, property and marijuana use crimes using difference-in-difference methods.  The results suggest no relationship between county laws that legally permit dispensaries and reported violent crime.  We find a negative and significant relationship between dispensary allowances and property crime rates, although event studies indicate these effects may be a result of pre-existing trends.  These results are consistent with some recent studies suggesting that dispensaries help reduce crime by reducing vacant buildings and putting more security in these areas.  We also find a positive association between dispensary allowances and DUI arrests, suggesting marijuana use increases in conjunction with impaired driving in counties that adopt these ordinances, but these results are also not corroborated by an event study analysis.

June 16, 2018 in Criminal justice developments and reforms, Medical Marijuana Data and Research, Medical Marijuana State Laws and Reforms, Recreational Marijuana Data and Research, Recreational Marijuana State Laws and Reforms | Permalink | Comments (0)

Thursday, June 14, 2018

Maine Supreme Court rules federal prohibition preempts effort to make employer subsidize an employee’s medical marijuana

Mmm[1]_0As reported in this AP article, "Maine employers don’t have to pay for medical marijuana under the state workers’ compensation system because federal law supersedes state law, the state supreme court ruled Thursday."  Here is more on this state court ruling and some national context:

The court concluded in a 5-2 decision that federal law takes precedence in a conflict between the federal Controlled Substances Act and the state medical marijuana law. Existing case law demonstrates that an individual’s right to use medical marijuana under state law “cannot be converted into a sword that would require another party” to engage in conduct that violates current federal law, Justice Jeffrey Hjelm wrote for the majority.

The legal case focused on whether a paper mill must pay for medical marijuana prescribed for a worker who was disabled after being hurt on the job in 1989. Madawaska resident Gaetan Bourgoin won an appeal to the Workers’ Compensation Board after arguing that marijuana is cheaper and safer than narcotics. But the Twin Rivers Paper Co. argued that it shouldn’t be required to cover the cost of medical marijuana and that doing so put it in violation of federal law.

The Supreme Judicial Court concluded that the Maine Legislature’s exemption of medical marijuana patients from prosecution under state law “does not have the power to change or restrict the application of federal law that positively conflicts with state law.”

Two dissenting justices wrote that the compelling story of how the injured worker was weaned from opioids by use of medical marijuana justified requiring the reimbursement. “The result of the court’s opinion today is to deprive (the worker) of reimbursement for medication that has finally given him relief from his chronic pain, and to perhaps force him to return to the use of opioids and other drugs...,” Justice Joseph Jabar wrote....

At least five states — Connecticut, Maine, Minnesota, New Jersey and New Mexico — have found medical marijuana treatment is reimbursable under their workers’ compensation laws, according to the National Council for Compensation Insurance. Florida and North Dakota, meanwhile, passed laws last year excluding medical marijuana treatment from workers’ compensation reimbursement.

The full 50-page Maine Supreme Judicial Court ruling is available at this link.  Here is how the majority opinion gets started:

After sustaining a work-related injury, Gaetan H. Bourgoin was issued a certification to use medical marijuana as a result of chronic back pain.  He successfully petitioned the Workers’ Compensation Board for an order requiring his former employer, Twin Rivers Paper Company, LLC, to pay for the medical marijuana.  On this appeal from the decision of the Appellate Division affirming that award, we are called upon for the first time to consider the relationship between the federal Controlled Substances Act (CSA) and the Maine Medical Use of Marijuana Act (MMUMA).  We conclude that in the narrow circumstances of this case — where an employer is subject to an order that  would require it to subsidize an employee’s acquisition of medical marijuana — there is a positive conflict between federal and state law, and as a result, the CSA preempts the MMUMA as applied here. See 21 U.S.C.S. § 903 (LEXIS through Pub. L. No. 115-181). We therefore vacate the decision of the Appellate Division.

June 14, 2018 in Court Rulings, Employment and labor law issues, Medical Marijuana State Laws and Reforms, State court rulings, Who decides | Permalink | Comments (0)

"The Politics of Passing and Implementing Medical Marijuana in Ohio"

The title of this post is the title of this notable new paper just posted to SSRN authored by A. Lee Hannah.  Here is its abstract:

Why did the state of Ohio adopt a medical marijuana policy? And why did it do so in 2016?  This article addresses these questions by examining the diffusion of medical cannabis policy across the U.S., by describing the evolution of images related to the policy, and by exploring the content of the law.

Using evidence from legislators’ remarks on the floor of the Ohio General Assembly and interviews with activists and analysts, I show that the direct initiative helped push members of the Ohio General Assembly to write and adopt a medical marijuana law (MML) when they were unlikely to do so. Next, I analyze trends in media coverage of medical marijuana to demonstrate that the spread of the policy has also been aided by shifting images related to the beneficiaries of medical cannabis programs.  Turning to the content of the law, I find that Ohio’s MML is written similarly to later adopters in the Midwest – where laws are more restrictive and medicalized. Finally, I assess how the characteristics of the law and looming elections will affect the implementation of Ohio’s Medical Marijuana Control Program.

June 14, 2018 in History of Marijuana Laws in the United States, Medical Marijuana Commentary and Debate, Medical Marijuana State Laws and Reforms | Permalink | Comments (0)

Saturday, June 9, 2018

Mapping out Oklahoma positions with approaching medical marijuana reform initiative vote

OK-Yes-788

This recent article from Religion News Service, headlined "In red-state Oklahoma, marijuana ballot question splits people of faith," provides a great look at the range of perspectives on marijuana reform in Oklahoma with only weeks before a big initiative vote. Here are snippets from an article worth reading in full:

As Presbyterian minister Bobby Griffith sees it, legalizing medical marijuana in Oklahoma could help arthritis sufferers with chronic pain and veterans with post-traumatic stress disorder.

The 41-year-old husband and father has a personal reason, too, for supporting State Question 788 — a pro-marijuana initiative that the Bible Belt state’s voters will decide June 26. “For myself, I would be interested in a prescription for it to see if it works better than my anxiety and depression medications,” said Griffith, co-pastor of a Presbyterian church near downtown Oklahoma City and a member of the national group Clergy for a New Drug Policy.

As Griffith characterizes it, the Oklahoma ballot measure’s potential to improve health outcomes and reduce dependence on addictive opioid painkillers makes it a “moral issue.”

Religious opponents counter that backing the issue would be immoral. Sen. James Lankford, R-Okla., an ordained Southern Baptist pastor, blasts the ballot measure as a “recreational marijuana vote disguised as medical marijuana.”

“The moral issue to me is really a family issue,” Lankford, who directed a Baptist youth camp before his 2010 election to Congress, told Religion News Service. “The best thing for our state is not to get more parents and grandparents to smoke marijuana,” added the senator, who filmed a commercial urging voters to reject State Question 788. “To have our communities more drug-addicted and distracted, that doesn’t help our families. It doesn’t make us more prosperous. It doesn’t make our schools more successful.”...

[F]aith arguments are prominent in a state where three out of four residents describe themselves in Gallup polling as “moderately religious” or “very religious.” The vote — which will take place on the state’s primary day for governor and other state and federal offices — resulted from a petition signed by nearly 68,000 voters and presented to state officials two years ago.

If State Question 788 passes, Abner warns, Oklahoma could follow the nine states that have authorized recreational use of marijuana. “The key thing is that it’s not medical,” he said. “This is something that’s hiding behind that (terminology) to bring recreational marijuana to Oklahoma. And from a spiritual standpoint, none of us can sustain the sound minds and healthy bodies God desires us to have when we place ourselves under the controlling influence of something other than the Holy Spirit.”

Other religious opponents include top officials of the Baptist General Convention of Oklahoma — representing the state’s roughly 577,000 Southern Baptists — and the Catholic Conference of Oklahoma, the public policy arm of the state’s Roman Catholic dioceses, comprising roughly 288,000 parishioners. “My hope is that Oklahoma will vote down marijuana legalization and continue to put legal barriers between addiction and the communities it devastates,” Russell Moore, president of the Southern Baptist Convention’s Ethics and Religious Liberty Commission, said in a statement published by The Baptist Messenger, an Oklahoma newspaper.

But Jon Middendorf, senior pastor of Oklahoma City First Church of the Nazarene, said he favors “whatever can bring relief to folks who are in chronic pain.”

“I’m just exhausted of conspiracy theories that always seem to emanate from the Christian right,” said Middendorf, who stressed that he was speaking personally and not on behalf of his congregation. “There’s always some sinister story behind it all,” he added. “It really might be that somebody who’s in pain just needs something that hasn’t been tried just yet, that offers some help for relief and quality of life, that they would not have had otherwise.”...

Typically, Oklahomans rank among the most conservative voters in the nation.... But on the medical marijuana issue, recent polling shows State Question 788 enjoying support from 57.5 percent of voters and seeming likely to pass, reported Bill Shapard, CEO of SoonerPoll.com.

“We’ve polled this issue multiple times over the last five years, and we continue to see that certain groups, who one might think would be opposed to SQ788, continue to support it,” Shapard said in a statement. “Thirty years ago, these groups would have opposed it, but roughly half have changed their minds since then.”

Griffith, whose congregation is affiliated with the Presbyterian Church in America, said some of his most conservative friends support State Question 788. “A very conservative person I know — I mean, she loves President Trump but she also wants medical marijuana,” he said. “She has rheumatoid arthritis and wants to have something that helps relieve the pain and has some healing qualities about it without the addiction.”

Notably, this article was published before Prez Trump's comments this past Friday suggesting he would support a federal marijuana reform bill that would formally respect state marijuana reform laws.   I suggested in this post a few months ago that proponents of Question 788 likely could benefit greatly, given that 65% of the state voted for Prez Trump, if they could claim he was supportive of state marijuana reform efforts.   interesting times.

Some prior related posts:

June 9, 2018 in Campaigns, elections and public officials concerning reforms, Initiative reforms in states, Medical Marijuana Commentary and Debate, Medical Marijuana State Laws and Reforms, Religion, Who decides | Permalink | Comments (0)

Friday, June 8, 2018

President Donald Trump suggests he supports new STATES Act effort to reform federal marijuana prohibition

Tom Angell has this notable breaking news in a new Marijuana Moment posting:

President Trump said on Friday that he “really” supports new marijuana legislation filed by Sens. Elizabeth Warren (D-MA) and Cory Gardner (R-CO).

“I really do. I support Senator Gardner,” he said when asked about the bill by reporters during an impromptu press conference on the White House lawn as he prepared to board Marine One to head to G-7 summit in Canada.

“I know exactly what he’s doing. We’re looking at it,” he said. “But I probably will end up supporting that, yes.”

The bill, the Strengthening the Tenth Amendment Entrusting States (STATES) Act, would amend the federal Controlled Substances Act to exempt state-legal marijuana activity from its provisions. It would also protect banks that work with legal cannabis businesses and legalize industrial hemp.

Critically, there is a very big difference between "end[ing] up supporting" a piece of proposed legislation and actively championing it. Especially with various leaders in Congress seemingly actively opposed to any major (or even minor) federal marijuana reforms, I am not optimistic about the prospects of this bill unless and until it has Prez Trump actively campaigning for it. But, for political reasons, maybe he ultimately will.

Prior related post:

Members of Congress introduce STATES Act described as "Bicameral, Bipartisan Legislation to Protect State Marijuana Policies"

June 8, 2018 in Campaigns, elections and public officials concerning reforms, Federal Marijuana Laws, Policies and Practices, Medical Marijuana State Laws and Reforms, Recreational Marijuana State Laws and Reforms, Who decides | Permalink | Comments (1)

Thursday, June 7, 2018

Members of Congress introduce STATES Act described as "Bicameral, Bipartisan Legislation to Protect State Marijuana Policies"

Ccc_SQUAREAs reported in this press release, titled "Gardner, Warren, Joyce and Blumenauer Unveil Bicameral, Bipartisan Legislation to Protect State Marijuana Policies," today has brought a big interesting new federal marijuana reform proposal. Here are the details via the press release (with links from the original):

U.S. Senators Cory Gardner (R-Colo.) and Elizabeth Warren (D-Mass.) and U.S. Representatives David Joyce (R-Ohio) and Earl Blumenauer (D-Ore.) today introduced the bicameral, bipartisan Strengthening the Tenth Amendment Through Entrusting States Act (STATES Act) to ensure that each state has the right to determine for itself the best approach to marijuana within its borders.  The bill also extends these protections to Washington D.C, U.S. territories, and federally recognized tribes, and contains common-sense guardrails to ensure that states, territories, and tribes regulating marijuana do so safely. 

Forty-six states currently have laws permitting or decriminalizing marijuana or marijuana-based products - and Washington D.C., Puerto Rico, Guam, and a number of tribes have similar laws.  As states developed their own approaches to marijuana enforcement, the Department of Justice issued guidance to safeguard these state actions and ensure practical use of limited law enforcement resources. However, this guidance was withdrawn earlier this year, creating legal uncertainty, threatening public health and safety, and undermining state regulatory regimes....

Ignoring the ability of states, territories, and tribes to determine for themselves what type of marijuana regulation works best comes with real costs. Legitimate businesses that comply with state laws are blocked from access to basic banking services.  Illicit markets often spring up and local law enforcement must divert resources needed elsewhere.  Thousands of people are prosecuted and locked up in our criminal justice system. Qualified scientists and state public health departments struggle to conduct basic and epidemiological research or spur medical advances, and the fundamental nature of state and tribal sovereignty is violated.  As more states, territories, and tribes thoughtfully consider updates to marijuana regulations, often through voter-initiated referendums, it is critical that Congress take immediate steps to safeguard their right to do so by passing the STATES Act.

 The legislation has been endorsed by organizations including the American Civil Liberties Union (ACLU), Americans for Prosperity, Americans for Safe Access, Americans for Tax Reform, the Brennan Center for Justice, Campaign for Liberty, the Competitive Enterprise Institute, the Cooperative Credit Union Association, the Drug Policy Alliance, the Institute for Liberty, LatinoJustice PRLDEF, the Law Enforcement Action Partnership, the Marijuana Policy Project, the Massachusetts Bankers Association, the Maine Credit Union League, the Mountain West Credit Union Association, the National Cannabis Bar Association, the National Cannabis Industry Association, the National Conference of State Legislatures, the New Federalism Fund,NORML, the Northwest Credit Union Association, R Street, and the Taxpayers Protection Alliance.

 The STATES Act:

  • Amends the Controlled Substances Act (CSA) so that - as long as states and tribes comply with a few basic protections - its provisions no longer apply to any person acting in compliance with State or tribal laws relating to marijuana activities.
  • Clearly states that compliant transactions are not trafficking and do not result in proceeds of an unlawful transaction.
  • Removes industrial hemp from the list of controlled substances under the CSA.
  • The following federal criminal provisions under the CSA continue to apply:
    • Prohibits endangering human life while manufacturing marijuana.
    • Prohibits employment of persons under age 18 in drug operations.
  • Prohibits the distribution of marijuana at transportation safety facilities such as rest areas and truck stops.
  • Prohibits the distribution or sale of marijuana to persons under the age of 21 other than for medical purposes.

A fact sheet about the legislation is available here, and the full bill text is available here.

June 7, 2018 in Campaigns, elections and public officials concerning reforms, Federal Marijuana Laws, Policies and Practices, History of Marijuana Laws in the United States, Medical Marijuana State Laws and Reforms, Recreational Marijuana State Laws and Reforms | Permalink | Comments (1)

Monday, June 4, 2018

Medical marijuana news nationwide, in states large and small, developing and debated

There are so many interesting developments, some small and some big, in medical marijuana states that I cannot come close to keeping track of it all.  Having seen a lot of notable stories in a lot of states in recent days, I figured it might be time to do a round-up of stories that caught my eye.  So, though this is not in any sense comprehensive, here goes in alphabetical order:

From Arkansas here, "Arkansas Supreme Court to hear dispute over medical marijuana rollout"

From Connecticut here, "With booming medical marijuana program, some fear shortages"

From Georgia here, "Georgia couple loses custody of son after giving him marijuana to treat seizures"

From Florida here, "As marijuana dispensaries open their doors, Florida registers 5,400 new users per week"

From Maryland here, "Overwhelmed computer system stalls medical marijuana sales over weekend in Maryland

From Ohio here, "Ohio announces 56 sites where medical marijuana will be sold"

From Oklahoma here, "Oklahoma's medical marijuana law would be unique"

From Utah here, "Unofficially, many Utah law enforcement groups are lining up to oppose the medical marijuana initiative"

June 4, 2018 in Medical community perspectives, Medical Marijuana Commentary and Debate, Medical Marijuana Data and Research, Medical Marijuana State Laws and Reforms | Permalink | Comments (1)

Friday, June 1, 2018

Brookings debuts short documentary: "The Life She Deserves: Medical Marijuana in the United States"

Regular readers have often seen me use this space to sing the praises of various writings from various folks at Brookings on various marijuana reform topics.  This Brookings feature highlights that their work in this space has taken on a new dimension:

For 100 years, Brookings has been known for its in-depth public policy research, primarily shared through reports, books, and events. This year, the Institution has added a new medium to its canon of work: narrative film.

On May 29, Brookings and Variety co-hosted the Washington, D.C. premiere of the Institution’s first documentary-short film, “The Life She Deserves.” The film is an intimate portrait of Virginia teenager Jennifer Collins and her family’s struggle to find a treatment to control her debilitating epilepsy and their fight to change medical marijuana laws. Following the screening of the film—a culmination of more than two years of work between Senior Fellow John Hudak and the Institution’s creative video team — John Hudak, Jennifer Collins, her mother and medical cannabis advocate Beth Collins, and George Burroughs, the film’s director, discussed the role of film in influencing policy and the current picture of state-level marijuana legalization and federal restrictions on the use and clinical research into medical cannabis. Ted Johnson, a senior editor at Variety, moderated the conversation....

“The Life She Deserves” is available to watch online at www.lifeshedeserves.com.

June 1, 2018 in Federal Marijuana Laws, Policies and Practices, Medical Marijuana Commentary and Debate, Medical Marijuana State Laws and Reforms | Permalink | Comments (0)

Monday, May 28, 2018

"PTSD & Pot: Veterans making Memorial Day push for legal marijuana"

The title of this post is the title of this lengthy new Fox News article. Regular readers know I have, since starting this blog more nearly five years ago, regularly blogged about a range of issues relating to veterans and their access to marijuana (a dozen of recent posts on this topic are linked below). As I have said before and will say again, I feel a genuine and deep debt to anyone and everyone who serves this nation through the armed forces, and I feel especially strongly on a day like Memorial Day that veterans should be able to have safe and legal access to any and every form of medicine that they and their doctors reasonably believe could help them with any ailments or conditions. Here is part of the start of the Fox News piece:

Veterans from across the country will be gathering in our nation's capital on Memorial Day this year to not only honor those who made the ultimate sacrifice, but to advocate for a cause that isn't typically associated with our nation's heroes -- the legalization of marijuana.

The veterans and advocates taking part in the Memorial Day Veterans Rally DC hope to change the stigma that surrounds cannabis, the preferred term for marijuana among advocates, by arguing that this alternative medicine is already helping some vets treat issues like PTSD, chronic pain and depression -- all without the use of dangerous & addictive prescription drugs like opioids. One of their rallying cries is "plants over pills," and they're not just coming from the usual legal pot hot-spots like Colorado....

Beyond a lack of access in all 50 states, advocates say one of the biggest problems is that veterans are forced to pay for this alternative treatment out of pocket, despite what they say are life-saving results. That's due to Department of Veterans Affairs regulations which stipulate VA doctors still cannot prescribe medicinal marijuana to patients, despite the fact that they are allowed to "discuss marijuana use with veterans as part of comprehensive care planning."

Some recent prior related posts:

May 28, 2018 in Medical Marijuana Commentary and Debate, Medical Marijuana State Laws and Reforms, Who decides | Permalink | Comments (0)

Saturday, May 26, 2018

Florida trial judge strikes down state legislature's prohibition on smoking medical marijuana

Download (13)As reported in this local article, a "Leon County circuit court judge ruled Friday afternoon that the state’s ban on smoking medical marijuana is unconstitutional, setting up continued legal fights as the state appeals the decision." Here is more about the ruling:

In a 22-page order, Judge Karen Gievers said that the Legislature's ban on smoking medical cannabis conflicted with the intent of a constitutional amendment that had broadly legalized the drug for medical use after voters approved it in 2016.

She concurred with arguments made last Wednesday by Jon Mills, an attorney for the plaintiffs, contending the definition approved by voters included "all types of medical marijuana," including forms that can be smoked. Mills had also argued that the amendment implicitly recognized smoking in private by recognizing that there was no right to smoke it in public places.

Gievers, in striking down the ban, invoked both George Washington and Thomas Jefferson in her decision and highlighted Washington's characterization of the constitution as a "sacred obligation."

"Just as no person is above the law, the legislature must heed the constitutional rights Floridians placed in the Constitution in 2016," she wrote. "The conflicting, overreaching 2017 statute, while presumably adopted in good faith and with good intentions, cannot be allowed to overrule the authority of the people to protect rights in the Constitution."

Devin Galetta, a spokesman for the state Department of Health, said it would appeal the verdict, resulting in an automatic stay. The notice of the appeal was filed Friday night. "This ruling goes against what the legislature outlined when they wrote and approved Florida’s law to implement the constitutional amendment that was approved by an overwhelmingly bipartisan majority," he wrote.

About 71 percent of Florida voters had approved Amendment 2 in 2016, authorizing the use of marijuana as a medical treatment for people with debilitating conditions. But in a bill implementing the amendment the following year, lawmakers limited the scope of its use to only oils, sprays, tinctures, vaping and edibles. Lawmakers excluded smoking as a method for medical treatment, arguing that smoking would be a "backdoor attempt" at allowing recreational use.

Gievers heard arguments in a one-day trial last week for the case, which was brought against the state last July by John Morgan, an Orlando attorney who also financed the campaign behind the successful constitutional amendment. His suit, filed on behalf of two patients and two advocacy organizations, asked the court to invalidate the implementing law passed by the Florida Legislature and signed by Gov. Rick Scott.

Ben Pollara, who managed the political campaign that helped push the constitutional amendment, said the ruling was a victory both for Florida patients and for voters who supported the amendment.... "The voters of Florida wanted this," he said. "It was clear in the intent language and in the ballot language. ... Smoked marijuana is the most effective and quickest delivery system, period."

He cautioned that Scott, who is running for the U.S. Senate, should reconsider continuing to fight for the smoking ban. "What I would say to Rick Scott and [Attorney General] Pam Bondi is, 'If you decide to appeal this verdict, I think Rick Scott will lose the U.S. Senate race on this issue alone,' " he said.

The full ruling in this case is available at this link.

May 26, 2018 in Campaigns, elections and public officials concerning reforms, Court Rulings, Medical Marijuana State Laws and Reforms | Permalink | Comments (0)

Thursday, May 24, 2018

"Cannabis supporters brace for lackadaisical launch of marijuana in Ohio"

Images (12)The title of this post is the headline of this local article providing a partial update on the roll-out of medical marijuana in the Buckeye State.  I like the headline because it has a nice alliteration, "lackadaisical launch," which I am now inclined to steal when talking about what is afoot in Ohio.  Here are just some of the reasons reasons why this label is so fitting:

Kim Rupp is anxiously awaiting the day she can buy and consume medical marijuana in Ohio. "You're hoping that when this opens that it will change your life," Rupp said, referring to dispensaries where legal cannabis will be sold in the Buckeye State. Rupp said she's battled a debilitating bone disease for years, consuming countless pharmaceutical drugs along the way.

A big proponent of medical marijuana, Rupp is pessimistic that Ohio's new pot program will be fully up and running by Sept. 8th, as required by law. "We would be fortunate if we see anything happening by spring," Rupp said. "I mean, anything where people have access." Instead, Rupp thinks only a few dispensaries will be open by fall.

Ohio's Board of Pharmacy delayed Wednesday's scheduled announcement of who will get to operate the stores. That means nobody's started building what have to be fortified sites, because buying cannabis is typically an all-cash transaction. "I don't think you'll see everybody open on the same day," said Greg May. May is with Ohio Releaf III, a company that hopes to build a dispensary in Forest Park.

Missing only a few stores will likely have a major impact. The pharmacy board can award up to 60 dispensary licenses statewide, with just three dispensaries for all of Hamilton County. "My advice is get your recommendation now or as soon as possible," said Rob Ryan, executive director of the Ohio Patient Network. Even though he anticipates a slow rollout, Ryan urges anyone with a qualifying medical condition to talk to their doctor about marijuana now.

UPDATE The new AP article, headlined "Medical marijuana ramp-up in Ohio sees progress, questions," provides more details on Ohio's struggles to get is medical marijuana regime up and running.  Here is how it gets started:

The medical marijuana program Ohio's set to launch later this year has been beset by questions.

Will growing operations be able to ramp up in time to meet initial demand? Will legal and administrative challenges tangle the rollout in red tape? Will enough doctors obtain certificates to serve needy patients?

Still, much progress has been made since Ohio became the 25th state to legalize medical marijuana in 2016 and set Sept. 8 of this year as the launch date.

Mark Hamlin, the Ohio Department of Commerce's policy adviser on medical marijuana, acknowledges the process has been "bumpy." But he said he hopes the public recognizes this is not just a short-term project.

ANOTHER UPDATE: This new Columbus Dispatch article provides yet another account of these stories under the headline "Ohio in danger of missing Sept. 8 deadline for medical marijuana," which includes these excerpts:

The program must be “fully operational” by early September, according to the state’s Medical Marijuana Control Program website. But state officials say that means only that a minimal amount of some form of medical marijuana must be available by then. “I don’t think there is a lot of confidence in that Sept. 8 date. If there is not a seed in the ground right now, you can speed up the permit process and build 24 hours a day, but the only thing you can’t speed up is Mother Nature,” said Bob Bridges, the patient advocate on the state’s Medical Marijuana Advisory Committee.

For cultivators, the only way to speed up the process is to plant a cutting from an existing cannabis plant rather than starting with a seed. That short-cuts the germination process, but it still takes eight to 12 weeks to mature.

Bridges is one of 14 members of the committee, tasked with advising the three state agencies involved with the program, appointed with approval by Gov. John Kasich. “Patients are very, very concerned product won’t be ready,” Bridges said. “Overwhelming, the concern has been: ‘Is medicine going to be available Sept. 8?’”

May 24, 2018 in Business laws and regulatory issues, Medical Marijuana State Laws and Reforms, Who decides | Permalink | Comments (1)

Wednesday, May 23, 2018

Arizona Supreme Court strikes down state legislation prohibiting medical marijuana on college campus as inconsistent with voter initiative

The Arizona Supreme Court has issued a series of opinions giving broad effect to the Arizona Medical Marijuana Act, which was enacted by voters as Proposition 203 in 2010.   The latest example of such an opinion was handed down today in Arizona v. Maestas, No. CR-17-0193-PR (Az. May 23, 2018) (available here). Here is the first paragraph and key substantive paragraphs from the ruling:

The Arizona Medical Marijuana Act (“AMMA”), enacted by voters as Proposition 203 in 2010, generally permits qualified AMMA cardholders to possess a limited amount of marijuana and, with certain exceptions and limitations, immunizes their AMMA-compliant possession or use from “arrest, prosecution or penalty in any manner.” A.R.S. § 36-2811(B).  Among its limitations, the AMMA prohibits the possession or use of medical marijuana at certain specified locations.  A.R.S. § 36-2802(B). In 2012, the Arizona Legislature added another location by enacting a statute under which “a person, including [a qualified AMMA cardholder], may not lawfully possess or use marijuana on the campus of any public university, college, community college or postsecondary educational institution.” A.R.S. § 15-108(A). Because that statute violates Arizona’s Voter Protection Act (“VPA”) with respect to AMMA-compliant marijuana possession or use, we hold it unconstitutional as applied to the university student/cardholder in this case....

To comply with the VPA, the legislature may constitutionally amend a voter initiative only if “the amending legislation furthers the purposes of such measure and at least three-fourths of the members of each house of the legislature . . . vote to amend such measure.”  Ariz. Const. art. 4, pt. 1, § 1(6)(C) . Here, “at least three-fourths of the members of each house of the legislature” voted to enact § 15-108(A).  Id.  The dispositive question, therefore, is whether § 15-108(A) “furthers the purposes” of the AMMA. Id. It does not.

The AMMA “permits those who meet statutory conditions to [possess and] use medical marijuana.”  Reed-Kaliher v. Hoggatt, 237 Ariz. 119, 122 ¶ 7 (2015).  “Because marijuana possession and use are otherwise illegal in Arizona, . . . the drafters [of the AMMA] sought to ensure that those using marijuana pursuant to [the] AMMA would not be penalized for such use.”  Id.  Indeed, this purpose is made explicit in the AMMA’s voter initiative statements.  See Proposition 203 § 2(G) (2010) (stating that the purpose of the AMMA “is to protect patients with debilitating medical conditions . . . from arrest and prosecution, [and] criminal and other penalties . . . if such patients engage in the medical use of marijuana”).  Criminalizing AMMA-compliant marijuana possession or use on public college and university campuses plainly does not further the AMMA’s primary purpose as expressed in those statements supporting the voter initiative.  Section 15-108(A) does not “protect” qualifying AMMA cardholders from criminal penalties arising from AMMA-compliant marijuana possession or use on public college and university campuses, but rather subjects them to such penalties.  Therefore, because § 15-108(A) does not further the purpose of the AMMA, we hold that § 15-108(A) violates the VPA as applied to AMMA-compliant marijuana possession or use.

May 23, 2018 in Court Rulings, Medical Marijuana State Laws and Reforms, Who decides | Permalink | Comments (0)

Thursday, May 17, 2018

Key House committee votes (for the first time) to extend limits on Justice Department concerning medical marijuana prosecutions

WashingtonDC-Capitol-MarijuanaAs reported in this Forbes piece by Tom Angell, headlined "Congressional Committee Protects Medical Marijuana From Jeff Sessions," this afternoon brought some interesting developments out of Congress. Here are the details:

A powerful congressional panel voted on Thursday to continue shielding medical marijuana patients and providers who comply with state laws from prosecution by the federal government.

While the provision has been federal law since 2014, when it was first attached to legislation that funds the U.S. Department of Justice, its continuance has been in question because of recent efforts by Republican leadership to prevent votes on cannabis amendments.

But in a stunning bipartisan move, the House Appropriations Committee voted to add the provision as a rider to legislation funding U.S. Attorney General Jeff Session's department for Fiscal Year 2019. The amendment was offered by Rep. David Joyce (R-OH)....

Historically, the measure has been approved on the House floor but, because Rules Committee Chairman Pete Sessions (R-TX) has effectively blocked floor votes on cannabis amendments for the last several years -- most recently on Wednesday when his panel prevented three hemp measures from advancing -- supporters haven't gotten a chance to bring the medical marijuana measure before the full chamber since 2015, when it passed by a margin of 242-186. Since then, the provision has been extended, mostly by default, through large-scale omnibus bills or short-term continuing resolutions that have largely kept federal spending policy riders frozen in place for the last few budget cycles.

But legalization supporters circumvented their Pete Sessions problem on Thursday by inserting the marijuana language into the funding bill at the earlier Appropriations panel stage, a move they previously haven't risked because members of Congress are seen as more likely to avoid bucking party leadership at the committee level when bills are being crafted....

The growing number of states that are enacting medical cannabis laws in recent years means that far more members of Congress represent constituents who stand to be harmed by the spending riders' disappearance, however, so advocates felt comfortable placing the measure before the committee this year....

Attorney General Jeff Sessions, who has no familial relation to the Rules Committee chairman of the same last name, asked congressional leadership to discontinue the provision in a 2017 letter, but lawmakers then extended it anyway as part of large-scale budget deals for the rest of that fiscal year and into FY 2018....

Now, the protections for state medical marijuana laws and the people and businesses who rely on them are pace to continue through 2019 as well. The rider does not protect broader state laws allowing recreational marijuana use and businesses. The Senate Appropriations Committee is expected to take up its version of the Justice Department legislation next month. That panel has easily approved the medical cannabis rider -- and other marijuana provisions -- in recent fiscal years, and is expected to do so again.

By taking the House committee route, led by Joyce, marijuana reform supporters also avoided the measure's long association with Rep. Dana Rohrabacher (R-CA), who has been its chief sponsor for years and who isn't a member of the Appropriations panel. The reputation of Rohrabacher, who is seen as one of the most pro-Russia members of Congress, has been damaged amid revelations about that country's interference in the 2016 U.S. presidential race And his reelection this year, in a district that Hillary Clinton won, is uncertain.

Now, because the measure was successfully attached to the 2019 Justice Department bill by Joyce, it is the Ohio congressman's name -- and not Rohrabacher's -- that will likely appear at the top of congressional sign-on letters about it, probably making it more likely that fellow GOP members will more seriously consider supporting its extension....

Separately during the Appropriations Committee's markup of the Commerce, Justice Science spending bill, Rep. Andy Harris (R-MD), an opponent of legalization, successfully offered an amendment urging the U.S. Drug Enforcement Administration to quickly process pending applications to cultivate marijuana to be used in scientific research.

May 17, 2018 in Campaigns, elections and public officials concerning reforms, Federal Marijuana Laws, Policies and Practices, Medical Marijuana State Laws and Reforms, Who decides | Permalink | Comments (0)

Monday, April 2, 2018

Two new papers provide further evidence of marijuana reform aiding with opioid crisis

180402-imd-ec-800As reported via this CNN article, headlined "Marijuana legalization could help offset opioid epidemic, studies find," this weeks bring the publication of notable new research suggesting a link between marijuana access and reduced use of opioids. Here are the basics:

Experts have proposed using medical marijuana to help Americans struggling with opioid addiction. Now, two studies suggest that there is merit to that strategy. The studies, published Monday in the journal JAMA Internal Medicine, compared opioid prescription patterns in states that have enacted medical cannabis laws with those that have not. One of the studies looked at opioid prescriptions covered by Medicare Part D between 2010 and 2015, while the other looked at opioid prescriptions covered by Medicaid between 2011 and 2016.

The researchers found that states that allow the use of cannabis for medical purposes had 2.21 million fewer daily doses of opioids prescribed per year under Medicare Part D, compared with those states without medical cannabis laws. Opioid prescriptions under Medicaid also dropped by 5.88% in states with medical cannabis laws compared with states without such laws, according to the studies....

In order to evaluate whether medical marijuana could function as an effective and safe alternative to opioids, the two teams of researchers looked at whether opioid prescriptions were lower in states that had active medical cannabis laws and whether those states that enacted these laws during the study period saw reductions in opioid prescriptions.

Both teams, in fact, did find that opioid prescriptions were significantly lower in states that had enacted medical cannabis laws. The team that looked at Medicaid patients also found that the four states that switched from medical use only to recreational use -- Alaska, Colorado, Oregon and Washington -- saw further reductions in opioid prescriptions, according to Hefei Wen, assistant professor of health management and policy at the University of Kentucky and a lead author on the Medicaid study. "We saw a 9% or 10% reduction (in opioid prescriptions) in Colorado and Oregon," Wen said. "And in Alaska and Washington, the magnitude was a little bit smaller but still significant."...

The details of the medical cannabis laws were found to have a significant impact on opioid prescription patterns, the researchers found. States that permitted recreational use, for example, saw an additional 6.38% reduction in opioid prescriptions under Medicaid compared with those states that permitted marijuana only for medical use, according to Wen.

The method of procurement also had a significant impact on opioid prescription patterns. States that permitted medical dispensaries -- regulated shops that people can visit to purchase cannabis products -- had 3.742 million fewer opioid prescriptions filled per year under Medicare Part D, while those that allowed only home cultivation had 1.792 million fewer opioid prescriptions per year.

"We found that there was about a 14.5% reduction in any opiate use when dispensaries were turned on -- and that was statistically significant -- and about a 7% reduction in any opiate use when home cultivation only was turned on," Bradford said. "So dispensaries are much more powerful in terms of shifting people away from the use of opiates."...

This is not the first time researchers have found a link between marijuana legalization and decreased opioid use. A 2014 study showed that states with medical cannabis laws had 24.8% fewer opioid overdose deaths between 1999 and 2010. A study in 2017 also found that the legalization of recreational marijuana in Colorado in 2012 reversed the state's upward trend in opioid-related deaths.

Here are links to the JAMA Internal Medicine articles referenced here, as well as a companion commentary:

Medical and Adult-Use Marijuana Laws and Opioid Prescribing for Medicaid Enrollees by Hefei Wen & Jason Hockenberry

Association Between US State Medical Cannabis Laws and Opioid Prescribing in the Medicare Part D Population by Ashley C. Bradford et al

The Role of Cannabis Legalization in the Opioid Crisis by Kevin Hill & Andrew Saxon

 

Some (of many) prior related posts:

April 2, 2018 in Medical community perspectives, Medical Marijuana Commentary and Debate, Medical Marijuana Data and Research, Medical Marijuana State Laws and Reforms, Recreational Marijuana Data and Research | Permalink | Comments (0)

Wednesday, March 28, 2018

Notable efforts to expand reach and application of New Jersey's medical marijuana program

Nj-mmj-e1522187420449The great state of New Jersey has been the focal point for a lot of interesting debate over recreational marijuana reform this year.  But as that debate continues, the state's new Governor has announced here a new effort to "expands patient access to medical marijuana."  Here are some details:

Governor Phil Murphy [Tuesday] announced major reforms to New Jersey’s Medicinal Marijuana Program. Reforms include the addition of medical conditions, lowered patient and caregiver fees, allowing dispensaries to add satellite locations, and proposed legislative changes that would increase the monthly product limit for patients, and allow an unlimited supply for those receiving hospice care.

“We are changing the restrictive culture of our medical marijuana program to make it more patient-friendly,” Governor Murphy said. “We are adding five new categories of medical conditions, reducing patient and caregiver fees, and recommending changes in law so patients will be able to obtain the amount of product that they need. Some of these changes will take time, but we are committed to getting it done for all New Jersey residents who can be helped by access to medical marijuana.”

More than 20 recommendations are outlined in a report that New Jersey Department of Health Commissioner Dr. Shereef Elnahal submitted to Governor Murphy in response to Executive Order 6, which directed a comprehensive review of the program within 60 days. “As a physician, I have seen the therapeutic benefits of marijuana for patients with cancer and other difficult conditions,” said Dr. Elnahal. “These recommendations are informed by discussions with patients and their families, advocates, dispensary owners, clinicians, and other health professionals on the Medicinal Marijuana Review Panel. We are reducing the barriers for all of these stakeholders in order to allow many more patients to benefit from this effective treatment option."

In the report, the Department submitted three categories of recommendations: those that are effective today, regulatory changes that will go through the rulemaking process, and proposals that require legislation. In addition, there are recommendations for important future initiatives to allow home delivery, develop a provider education curriculum, and expedite the permitting process. Effective today, five new categories of medical conditions (anxiety, migraines, Tourette’s syndrome, chronic pain related to musculoskeletal disorders, and chronic visceral pain) will be eligible for marijuana prescription. Currently, 18,574 patients, 536 physicians, and 869 caregivers participate in the program – a far smaller number than comparably populated states. The Commissioner will also be able to add additional conditions at his discretion.

Other immediate changes include lowering the biennial patient registration fee from $200 to $100 and adding veterans and seniors -- 65 and older -- to the list of those who qualify for the $20 discounted registration fee. Those on government assistance, including federal disability, already receive the reduced fee.

The report prepared by the New Jersey Department of Health is available at this link.

March 28, 2018 in Medical community perspectives, Medical Marijuana Commentary and Debate, Medical Marijuana Data and Research, Medical Marijuana State Laws and Reforms | Permalink | Comments (0)

Thursday, March 22, 2018

Latest draft federal spending bill again includes protections for state-legal medical marijuana programs

As reported here by Tom Angell at Forbes, "medical marijuana patients and businesses that follow state laws will continue to be protected from U.S. Attorney General Jeff Sessions and the federal drug agents that work for him under a provision contained in new must-pass legislation revealed on Wednesday."  Here is more:

The policy, which has been federal law since 2014, bars the U.S. Department of Justice from spending money to interfere with the implementation of state medical marijuana laws. Its continuance was in question, however, after Sessions specifically asked Congress not to extend it and House leaders blocked a vote on the matter. But the rider, which cleared a key Senate panel last year, is now attached to a bicameral deal to fund the federal government's operations through the rest of Fiscal Year 2018, which ends on September 30....

The new bill, which the House is expected to vote on as soon as Thursday, also continues existing provisions shielding state industrial hemp research programs from federal interference.

In a related move, a bipartisan group of members of Congress is stepping up the push to include the medical marijuana protections in Fiscal Year 2019 spending legislation. "We believe such a policy is not only consistent with the wishes of a bipartisan majority of the members of the House, but also with the wishes of the American people," 62 lawmakers wrote in a letter to House appropriations leaders last week.

In January, U.S. Attorney General Jeff Sessions rescinded a separate Obama-era Justice Department memo that has generally cleared the way for states to implement their own marijuana laws without federal interference. Given that action, some members of Congress want to go even further than the current medical cannabis protections in spending legislation by adding a new provision that protects all state marijuana laws -- including those that allow recreational use and businesses -- from federal interference....

The existing medical marijuana rider was first approved by a House floor vote of 219-189 in 2014 and then again in 2015 by a margin of 242-186. The Senate Appropriations Committee has also adopted the language in a series of bipartisan votes, most recently last summer. The provision must be reapproved annually because it concerns restrictions on specific years' Justice Department spending legislation.

In negative news for cannabis law reform supporters, the new FY2018 omnibus spending bill extends a current ban on the Washington, D.C. using its own local funds to legalize and regulate marijuana sales. And, it does not include language approved by the Senate Appropriations Committee last year that would have allowed military veterans to receive medical cannabis recommendations through their U.S. Department of Veterans Affairs doctors. To avoid a government shutdown, Congress must pass, and President Trump must sign, the appropriations legislation by Friday at midnight.

March 22, 2018 in Federal Marijuana Laws, Policies and Practices, Medical Marijuana State Laws and Reforms | Permalink | Comments (0)

Sunday, March 11, 2018

New US Attorney for Southern District of West Virginia talking up efforts to "enforce laws against marijuana aggressively - AGGRESSIVELY"

I have just seen via my twitter feed this notable recent tweet posted by US Attorney Mike Stuart, the newly confirmed U.S. Attorney for the Southern District of West Virginia:

Without getting into the particulars of the gateway drug debate, I am eager here to highlight how easy it would be for this new US Attorney to ramp up federal marijuana enforcement relative to what has existed in recent years.  Based on some (too) quick research of US Sentencing Commission data, it seems that there have only been a handful of federal marijuana prosecutions each year in this district.  USA Stewart could "aggressively" increase the federal caseload just by bringing a few more cases each year.

It will be interesting to see if the Southern District of West Virginia does end up having many more marijuana prosecutions in the months ahead, though these statements likely are to be most significant with respect to West Virginia's development of its recently passed medical marijuana legislation.   This local article, headlined "Time runs out on bill making changes to WV's medical cannabis program," suggests that the rescission of the Cole Memo and related concerns about federal prohibition may already be slowing down the state's regulatory efforts.

March 11, 2018 in Campaigns, elections and public officials concerning reforms, Criminal justice developments and reforms, Federal Marijuana Laws, Policies and Practices, Medical Marijuana Commentary and Debate, Medical Marijuana State Laws and Reforms | Permalink | Comments (1)

Monday, March 5, 2018

Encouraging research from Minnesota on success of medical marijuana in the treatment of "intractable pain"

Download (9)This recent press release from the Minnesota Department of Health, headlined "Medical cannabis study shows significant number of patients saw pain reduction of 30 percent or more," provides a summary of this encouraging lengthy report titled "Intractable Pain Patients in the Minnesota Medical Cannabis Program: Experience of Enrollees During the First Five Months." Here is the start of the press release:

Forty-two percent of Minnesota’s patients taking medical cannabis for intractable pain reported a pain reduction of thirty percent or more, according to a new study conducted by the Minnesota Department of Health. “This study helps improve our understanding of the potential of medical cannabis for treating pain,” said Minnesota Health Commissioner Jan Malcolm. “We need additional and more rigorous study, but these results are clinically significant and promising for both pain treatment and reducing opioid dependence.”

The first-of-its-kind research study is based on the experiences of the initial 2,245 people enrolled for intractable pain in Minnesota’s medical cannabis program from August 1, 2016 to December 31, 2016. Of this initial group, 2,174 patients purchased medical cannabis within the study’s observation period and completed a required self-evaluation before each purchase.

As part of the self-evaluation, patients completed the PEG (pain, enjoyment and general activity) screening tool. On a scale of 0 to 10 (with 0 being no pain and 10 being the highest pain), patients rated their level of pain, how pain interfered with their enjoyment of life and how pain interfered with their general activity.

Using the PEG scale data, 42 percent of the patients who scored moderate to high pain levels at the beginning of the measurement achieved a reduction in pain scores of 30 percent or more, and 22 percent of patients both achieved and maintained a reduction of 30 percent or more over four months. The 30 percent reduction threshold is often used in pain studies to define clinically meaningful improvement. Health care practitioners caring for program-enrolled patients suffering from intractable pain reported similar reductions in pain scores, saying 41 percent of patients achieved at least a reduction of 30 percent or more.

The study also found that of the 353 patients who self-reported taking opioid medications when they started using medical cannabis, 63 percent or 221 reduced or eliminated opioid use after six months. Likewise, the health care practitioner survey found that 58 percent of patients who were on other pain medications were able to reduce their use of these medications when they started taking medical cannabis. Thirty-eight percent of patients reduced opioid medication (nearly 60 percent of these cut use of at least one opioid by half or more), 3 percent of patients reduced benzodiazepines and 22 percent of patients reduced other pain medications.

The safety profile of medical cannabis products available through the Minnesota program continues to appear favorable. No serious adverse events (life threatening or requiring hospitalization) were reported for this group of patients during the observation period. 

Here is a portion of the executive summary from the full report:

Among respondents to the patient (54% response rate) and health care practitioner (40% response rate) surveys, a high level of benefit was reported by 61% and 43%, respectively (score of 6 or 7 on a seven-point scale). Little or no benefit (score of 1, 2, or 3) was reported by 10% of patients and 24% of health care practitioners.

The benefits extended beyond reduction in pain severity, though that was the benefit mentioned most often (64%). The benefit described second most often was improved sleep (27%), which likely has a synergistic relationship with reduction in pain severity. In some cases improved sleep, reduction of other pain medications and their side effects, decreased anxiety, improved mobility and function, and other quality of life factors were cited as being the most important benefit. The pattern of described benefits was similar in the patient and the health care practitioner survey results....

A large proportion (58%) of patients on other pain medications when they started taking medical cannabis were able to reduce their use of these meds according to health care practitioner survey results. Opioid medications were reduced for 38% of patients (nearly 60% of these reduced at least one opioid by ≥50%), benzodiazepines were reduced for 3%, and other pain medications were reduced for 22%. If only the 353 patients (60.2%, based on medication list in first Patient Self-Evaluation) known to be taking opioid medications at baseline are included, 62.6% (221/353) were able to reduce or eliminate opioid usage after six months.

March 5, 2018 in Medical community perspectives, Medical Marijuana Commentary and Debate, Medical Marijuana Data and Research, Medical Marijuana State Laws and Reforms | Permalink | Comments (0)

Wednesday, February 28, 2018

Americans for Safe Access releases its latest analysis and report card on medical marijuana programs across United States

Asa_default_social_thumbnail2The advocacy group Americans for Safe Access regularly produces reports on the state of state medical marijuana laws, and this latest 2018 version of ASA's “Medical Marijuana Access in the United States: A Patient-Focused Analysis of the Patchwork of State Laws” now runs almost 200 pages.  I recommend the report in full for everyone interested in medical marijuana information, and here is part of the report's preface:

For over fifteen years, Americans for Safe Access (ASA) has engaged state and federal governments, courts, and regulators to improve the development and implementation of state medical cannabis laws and regulations.  This experience has taught us how to assess whether or not state laws meet the practical needs of patients. It has also provided us with the tools to advocate for programs that will better meet those needs. Passing a medical cannabis law is only the first step in a lengthy implementation process, and the level of forethought and advance input from patients can make the difference between a well-designed program and one that is seriously flawed.  One of the most important markers of a well-designed program is whether or not all patients who would benefit from medical cannabis will have safe and legal access to their medicine without fear of losing any of the civil rights and protections afforded to them as American citizens....

Today, we have a patchwork of medical cannabis laws across the United States.  Thirty states, the District of Columbia, Guam, and Puerto Rico have adopted laws that created programs that allow at least some patients legal access to medical cannabis.  Most of those thirty states provide patients with protections from arrest and prosecution as well as incorporate a regulated production and distribution program.  Several programs also allow patients and their caregivers to cultivate a certain amount of medical cannabis themselves.  While it took a long time for states to recognize the importance of protecting patients from civil discrimination (employment, parental rights, education, access to health care, etc.), more and more laws now include these explicit protections.

However, as of 2017, none of the state laws adopted thus far can be considered ideal from a patient’s standpoint.  Only a minority of states currently include the entire range of protections and rights that should be afforded to patients under the law, with some lagging far behind others.  Because of these differences and deficiencies, patients have argued that the laws do not function equitably and are often poorly designed, implemented, or both.  As production and distribution models are implemented, hostile local governments have found ways to ban such activity, leaving thousands of patients without the access state law was intended to create. Minnesota, for example, despite setting up a regulatory system for the production, manufacturing, and distribution of cannabis oil extracts, prohibits qualified patients from using the actual plant.  These laws include sanctions for qualified patients who seek to use their medicine in whole plant form, unnecessarily eliminating clinically validated routes of administration used by hundreds of thousands of patients.  Some states have taken years to implement their medical cannabis laws leaving patients waiting years before their medicine is available. 

February 28, 2018 in History of Marijuana Laws in the United States, Medical community perspectives, Medical Marijuana Commentary and Debate, Medical Marijuana Data and Research, Medical Marijuana State Laws and Reforms | Permalink | Comments (0)

Tuesday, February 27, 2018

Highlighting the perspectives of governors in dynamic marijuana reform times

News-8Rolling Stone has this lengthy new article on modern state marijuana reforms focused on how governors are reacting to Attorney General Jeff Sessions' latest policy directives to federal prosecutors.  The piece is  headlines "Sorry, Jeff Sessions – Governors Are Moving Ahead with Pot: At their annual meeting, pro-pot governors say the AG isn't stopping them from advancing plans for medical and recreational legalization." Here are excerpts:

Over the past few days, most of the nation's governors descended on Washington for their annual meeting with administration officials and the president. As the governors mingled about and chatted in between sessions, many of them were exchanging ideas and best practices on how to roll out a successful regulatory regime on marijuana. But hanging over their talks was the specter of Attorney General Jeff Sessions who would like to clamp down on the nation's burgeoning, though disparate, marijuana industry.

Some Democratic governors say they were denied a private meeting with Sessions to discuss his anti-marijuana stance. And besides attending the formal Governors' Ball on Sunday night, the attorney general only made one appearance to the group, at a White House briefing on opioids. Some say they're frustrated they couldn't pick his brain on his controversial move to rescind an Obama-era memo that directed the nation's top prosecutors to prioritize other offenses over marijuana in states where it's legal. "I tried, but I couldn't get called on," Gov. John Hickenlooper (D-CO) tells Rolling Stone. "He only took about six questions. There were probably 40 governors in the room."

Even though there's fear that Sessions wants to go after legal marijuana business owners, many states are moving ahead with efforts to either launch a new medicinal marijuana industry, expand an existing one or to legalize weed for recreational purposes. And governors say so far Sessions' opposition hasn't had an impact on the ground. "It has not impacted us and we believe it will not, although that doesn't mean we're not paying attention," Gov. Phil Murphy (D-NJ) tells Rolling Stone.

Murphy, who was elected last year, campaigned aggressively on marijuana legalization. For him, it's a criminal-justice issue because his state has the largest racial disparity in its prison population of any state in the nation, and many of those convicts are serving terms for nonviolent drug offenses. While he's received some pushback from his legislature on his plan to legalize pot, he's moving ahead on expanding medicinal marijuana because currently there are only five dispensaries in a state with nine million people. "We're proceeding apace, again, beginning to make sure we get the medical piece right because it's life or death," Murphy says. "And then we will deliberately and steadily get to the recreational side."

The nation's other newly seated governor, Ralph Northam (D-VA), also campaigned on marijuana. He faces more headwinds from Republicans who control his state's House of Delegates, but he's still calling for marijuana decriminalization. As a physician, Northam is also vocal about the medicinal benefits of weed, though he says more research is needed. For that he's calling on Congress to reclassify pot, since it's currently listed as a Schedule I narcotic, making it extremely difficult to study in any official capacity. "I think that it would be great if at the federal level they could change the schedule of marijuana so that we can get more data on it – do more research," Northam tells Rolling Stone. "I remind people all the time that probably over 100 medicines that we use routinely in health care come from plants, so let's be a little bit more open minded and look at potential uses for medicinal marijuana."...

While the movement on medical marijuana is steadily picking up steam in red and blue states alike, the recreational effort is going more slowly but some governors say there's starting to be an air of certainty that eventually marijuana will be viewed as the same as alcohol in most every state.

Back in 2011, Gov. Dan Malloy (D-CT) moved to decriminalize marijuana and set up a medicinal marijuana regime. While he hasn't come down one way or another on recreational marijuana, he says it's just a matter of time before it happens in Connecticut because efforts to legalize weed are sweeping the entire northeast corridor. "As Canada moves in that direction, as Massachusetts and Vermont, it's going to be a neighborhood thing, and I understand that," Malloy tells Rolling Stone. While he remains lukewarm on recreational marijuana, he did pen a blunt letter to Sessions on it.

"I told him to stop messing around with marijuana, because it really isn't important," Malloy says. "I have not taken the opportunity to endorse marijuana, but that's very different than spending resources trying to combat marijuana use. And, quite frankly, if you're going to be serious about opioids, you can't be screwing around with marijuana."

While many governors are now rushing out new marijuana regulations, they're still keeping one eye on Jeff Sessions. Gov. Jay Inslee (D-WA) says during this visit he was rebuffed when he asked for a private meeting with the attorney general to discuss his state's recreational marijuana marketplace, but he says his offer for Sessions to come out west and tour his state's pot businesses still stands. "It's a shame that he has a closed mind, and he's much more attentive to his old ideology than to the new facts," Inslee tells Rolling Stone. "The fears that he might have had 30 years ago have not been realized, and we wish he would just open his eyes to the reality of the situation. If he did, I think he would no longer try to fight an old battle that the community and the nation is moving very rapidly forward on."

February 27, 2018 in Campaigns, elections and public officials concerning reforms, Federal Marijuana Laws, Policies and Practices, History of Marijuana Laws in the United States, Medical Marijuana Commentary and Debate, Medical Marijuana State Laws and Reforms, Recreational Marijuana Commentary and Debate, Recreational Marijuana State Laws and Reforms | Permalink | Comments (0)