Marijuana Law, Policy & Reform

Editor: Douglas A. Berman
Moritz College of Law

Monday, October 19, 2015

"Many States Still Grapple With Regulating Medical Marijuana"

The title of this post is the title of this effective piece from Stateline, the news service of the Pew Charitable Trusts that provides reporting and analysis on trends in state policy.  Here is an excerpt:

Montana is among several vanguard states whose voters eagerly legalized medical cannabis by passing broad ballot initiatives as many as 19 years ago, but left lawmakers struggling to regulate an industry that grew quickly with few rules.

Today, states like California, Montana and Michigan are still attempting to clean up their laws with bills that would develop licensing systems for growers, create a fee structure for providers and product, or legalize all marijuana use.

It’s a legislative and regulatory pitfall that lawmakers warn other states they could face as public demand for legal medical and recreational marijuana grows, and more states allow it.

Maryland opened the door to medical use last year, and Georgia, Oklahoma, Texas and Wyoming passed laws legalizing access to less-potent medical cannabis products for certain patients this year.  At least 20 initiatives to legalize medical or recreational marijuana could be on the ballot in 16 states next year.  And in November, voters in Ohio will decide whether recreational marijuana should be legal in that state.

Proponents of using marijuana as medicine say ingesting the drug can ease chronic pain, stimulate appetites for the very ill, soothe nausea caused by cancer treatments and prevent seizures in children with epilepsy.  Detractors say the research surrounding medical marijuana isn’t conclusive, the drug poses significant public health risks and those who advocate for it use medical marijuana to trick voters into sanctioning an illegal drug for recreational use....

And unless state lawmakers get ahead of their constituents on legalization, they face a potential regulatory nightmare, said Washington state Sen. Ann Rivers.  Rivers, a Republican, should know.  Medical marijuana was legalized in Washington by voter initiative in 1998, leaving gaping regulatory holes and hazards that lawmakers like her have spent years trying to fix.

https://lawprofessors.typepad.com/marijuana_law/2015/10/many-states-still-grapple-with-regulating-medical-marijuana.html

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