Friday, November 16, 2018
Ohio judge finds unconstitutional state law requiring some medical marijuana licenses go to minority-owned businesses
As reported in this local article, this week "a Franklin County judge threw out a state law requiring that at least 15 percent of cultivation licenses go to businesses owned or controlled by African Americans, Asians, American Indians, Hispanics or Latinos." Here is more on the ruling and reactions thereto:
The Ohio Department of Commerce, the state agency that awards cultivation licenses, will have to decide whether to comply with Franklin County Common Pleas Judge Charles A. Schneider’s Thursday decision and award provisional cultivation licenses to white-owned businesses that scored higher in the review process -- including Greenleaf Gardens, LLC, which challenged the constitutionality of the law in court. Greenleaf Gardens had planned for a large-scale medical marijuana grow operation in Geauga County.
The state could also decide whether to throw out previously awarded licenses to two minority-owned and -controlled businesses that scored lower, although Greenleaf’s attorney wrote in court filings the company did not want that. Commerce can also appeal the decision to a higher court. “We are reviewing the judge’s ruling and considering next steps,” said Kerry Francis, the Department of Commerce’s spokeswoman.
Schneider’s decision only affects part of Ohio’s medical marijuana law, and leaves the rest of it intact.
Greenleaf CEO David Neundorfer said he’s pleased with the court’s ruling. The company has licenses in other parts of the nascent medical marijuana program....
Greenleaf Gardens sued after the Department of Commerce announced recipients of the provisional cultivation licenses, nearly a year ago. It received the 12th highest score among cultivation applicants but did not receive one of the 12 licenses for a large-scale cultivator. The department instead gave licenses to two lower scoring applicants, Parma Wellness Center, LLC and Harvest Grows, LLC.
The Department of Commerce argued it was following Ohio’s medical marijuana law, including provisions the Ohio General Assembly created that not less than 15 percent of cultivator, processor or laboratory licenses be given to entities owned and controlled by Ohio residents who are members of an economically disadvantaged group. The law lists each racial and ethnic group and states that “owned and controlled” means at least 51 percent of the business or business stock is owned by people in the groups....
Harvest Grows argued in a brief that Ohio for nearly 40 years has remedied discrimination in government licensing through set-asides for minority businesses. Hundreds of studies have shown that without the set-asides, “government funds have been, and will be, used in a discriminatory fashion.” It noted that blacks are more than four times more likely than non-minorities to be arrested for marijuana possession, even though studies show marijuana use is almost the same. “The legislature knew about these issues when it created the 15 percent set-aside at issue in this case," Harvest Grows wrote.
The judge, however, sided with Greenleaf Gardens. Schneider relied on a 2003 U.S. Supreme Court case that said a way to examine these issues is by looking at whether there is a compelling governmental interest for racial classification and whether the set-aside is narrowly tailored to achieve the goal.
Schneider wrote that there is a lack of “sufficient evidence of a government compelling interest" because the only evidence the legislature considered were marijuana crime arrests. He wrote that the state didn’t look at arrest rates for racial groups outside of blacks and Latinos, and discrimination in arrest rates and marijuana businesses are different....
The marijuana law’s provisions were different from specifications in Ohio’s Minority Business Enterprise Program, he concluded. And other states' encouragement of minority businesses in their medical marijuana programs were different from Ohio’s, such as Illinois giving minority businesses more points during scoring, not after scoring.
“If the legislature sought to rectify the elevated arrest rates for African Americans and Latinos/Hispanics possessing marijuana, the correction should have been giving preference to those companies owned by former arrestees and convicts, not a range of economically disadvantaged individuals, including preferences for unrelated races like Native Americans and Asians,” he wrote.
The full opinion in Pharmacann Ohio v. Ohio Department of Commerce, 17-CV-10962-Grant-SJ (Ohio Common Pleas Nov. 15, 2018), is available here: Download Pharmacann v. Ohio 17-CV-10962-Grant-SJ
Thursday, November 15, 2018
The Hill has this extended (and not surprising) article about where the marijuana reform movement is planning to go for the next round of ballot initiatives. The piece is headlined "Marijuana backers plot ambitious campaign," and here are excerpts:
Advocates of legalizing medical and recreational marijuana are planning a wave of new ballot measures in coming years few years, buoyed by wins scored this year's midterm elections in swing and conservative states.
Supporters say they are likely to field measures in states like Ohio and Arizona in 2020, and potentially in Florida and North Dakota. They say plans are underway for initiatives to legalize medical marijuana in Mississippi, Nebraska and South Dakota.
“2020 provides an opportunity to run medical marijuana and legalization campaigns across the country. Typically, presidential elections offer better turnout and a more supportive electorate,” said Matt Schweich, deputy director of the Marijuana Policy Project. “I’d be surprised if there weren’t a large number of initiatives being run — statutory, constitutional, legalization, medical marijuana. It’s going to be a big opportunity for our movement to build momentum.”...
“We won our first state outside of the coasts, and I think there’s a strong feeling that we’re sort of on the downhill of the tipping point,” said one strategist who has worked on legalization measures, who asked for anonymity to describe future plans....
The strategist said legalization backers have settled on a reliable formula that has generated success at the ballot box. The template includes language allowing adults to grow a small number of marijuana plants in their own home, banning advertising aimed at children and controlling potency of products like edibles that make it to market.
The measures [that failed previously] in North Dakota and Ohio did not closely follow that template; the Ohio measure, which did not earn support from the largest groups that back legalization campaigns, went so far as to parade a marijuana leaf mascot — named Bud — around campaign events before it went down in a crushing defeat.
Opponents of marijuana legalization said they have turned their focus to another provision typically found in successful ballot measures, one that allows counties and municipalities to ban pot shops even if recreational marijuana is legal statewide. “In all states with legalization, the majority of towns and cities that have voted have banned pot shops,” said Kevin Sabet, who heads the drug policy group Smart Approaches to Marijuana, which opposes legalization. “We … think we can get a majority of counties to opt out of pot shops in Michigan.”
A Pew Research Center survey conducted in October showed 62 percent favor legalization — including majorities among Millennials, members of Generation X and the Baby Boomer generation. Drug legalization is one of the few issues where men take a more liberal stand than women. The Pew Research survey showed 68 percent of men, and just 56 percent of women, support legal pot.
The Utah measure that passed this year is especially notable, Schweich said, because the Republican-dominated state legislature is now likely to take up its own medical marijuana measure. That measure will likely be more conservative than the ballot proposition voters approved, but it will still mark the first time a conservative legislature has approved marijuana use. “You’re going to see a very conservative state adopt, via its legislature, a medical marijuana law,” he said. “We’ve really showed that any state, no matter how socially conservative it might be, can have medical marijuana.”
The legislative action in Utah is a prelude of what marijuana legalization backers hope becomes the next front in their fight. Not every state allows citizens to change laws via ballot measure; in some states, any change will be up to the legislature.
Two Democratic governors have indicated they would support legalization if the legislature forwards a bill to their desks. New Jersey Gov. Phil Murphy (D) ran into opposition from some Democratic legislators during his first session in office but Illinois Gov.-elect J.B. Pritzker (D) has said he supports legalization.
November 15, 2018 in Campaigns, elections and public officials concerning reforms, Initiative reforms in 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)
Wednesday, November 7, 2018
Tom Angell has this new Forbes piece under the headline "Marijuana Won The Midterm Elections." His accounting of marijuana's victory goes beyond just the statewide ballot initiatives, and here are excerpts (with links from the original and my highlighting of state names):
Michigan voters approved a ballot measure making their state the first in the midwest to legalize cannabis. Missouri approved an initiative to allow medical marijuana, as did Utah.
Voters in several Ohio cities approved local marijuana decriminalization measures, and a number of Wisconsin counties and cities strongly approved nonbinding ballot questions calling for cannabis reform.
While North Dakota's long-shot marijuana legalization measure failed, cannabis also scored a number of big victories when it came to the results of candidate races. When new pro-legalization governors take their seats next year, marijuana bills in several states will have a good chance of being signed into law.
In Illinois, Democrat J.B. Pritzker won the governor's race after making marijuana legalization a centerpiece of his campaign. "We can begin by immediately removing one area of racial injustice in our criminal justice system," he said during his primary night victory speech earlier this year. "Let's legalize, tax and regulate marijuana."
Minnesota Gov.-elect Tim Walz (D) wants to "replace the current failed policy with one that creates tax revenue, grows jobs, builds opportunities for Minnesotans, protects Minnesota kids, and trusts adults to make personal decisions based on their personal freedoms."
Michigan voters who supported the state's marijuana legalization measure will have an ally in the incoming governor, Gretchen Whitmer (D), who supported the initiative and is expected to implement it in accordance with the will of the people. She has called cannabis an "exit drug" away from opioids
In New Mexico, Michelle Lujan Grisham (D), who won the governor's race, said legalizing marijuana will bring “hundreds of millions of dollars to New Mexico’s economy."
In New York, while easily reelected Gov Andrew Cuomo (D) had previously expressed opposition to legalization, he more recently empaneled a working group to draft legislation to end cannabis prohibition that the legislature can consider in 2019, a prospect whose chances just got a lot better in light of the fact that Democrats took control of the state's Senate.
In Wisconsin, Democrat Tony Evers supports decriminalizing marijuana and allowing medical cannabis, and says he wants to put a full marijuana legalization question before voters to decide. He ousted incumbent Gov. Scott Walker (R) on Tuesday.
States that already have legalization elected new governors who have been vocal supporters and will likely defend their local laws from potential federal interference. California's Gavin Newsom, Colorado's Jared Polis, Maine's Janet Mills and Nevada's Steve Sisolak, all Democrats, fit that bill. Oregon Gov. Kate Brown (D), also a legalization supporter, was reelected in her state, which ended prohibition in 2014.
Speaking of the federal government, when it comes to congressional races, one of the main impediments to cannabis reform on Capitol Hill won't be around in 2019. Rep. Pete Sessions (R-TX), who as chairman of the House Rules Committee, has systematically blocked every single proposed marijuana amendment from reaching a floor vote this Congress, is now out of a job after having lost his reelection bid to Democrat Colin Allred.
And the fact that the Democrats, who have been much more likely than Republicans to support cannabis reform legislation than GOP members, retook control of the chamber means that the chances of ending federal prohibition sooner rather than later just got a lot better. Last month, Rep. Earl Blumenauer (D-OR) published what he called a "Blueprint to Legalize Marijuana" in which he laid out a detailed, step-by-step plan for Democrats to enact the end of federal cannabis prohibition in 2019. It's not clear whether Democratic leaders will embrace the idea, but a look at polling on the issue should give them the sense that marijuana reform is a popular issue with bipartisan support....
That said, while Senate Majority Leader Mitch McConnell (R-KY) has championed legalizing hemp, he does not support broader marijuana law reform and seems unlikely to bring far-reaching cannabis bills to a vote without substantial pressure.
But President Trump earlier this year voiced support for pending legislation that would respect the right of states to implement their own marijuana laws. If Democrats pass that bill or similar proposals out of the House, the president's support could be enough to get it through the Senate, where a number of GOP members have already endorsed ending federal prohibition.
November 7, 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 (0)
Tuesday, November 6, 2018
In recent history, elections in 2012 and 2016 have been arguably the most consequential for the modern marijuana reform movement. But every election cycle is important in its own way, and the 2018 season is no different as three of four statewide marijuana initiatives appear to have passed on this election night (and this follows a medical marijuana initiative passing in Oklahoma in mid-2018). Specifically:
Michigan voters have approved Proposition 1 providing for legalization of recreational marijuana use.
Missouri voters have approved Amendment 2 providing for legalization of medical marijuana use.
Utah voters have approved Proposition 2 providing for legalization of medical marijuana use.
But, North Dakota voters have rejected Measure 3 providing for legalization of recreational marijuana use.
November 6, 2018 in Campaigns, elections and public officials concerning reforms, Initiative reforms in states, Medical Marijuana State Laws and Reforms, Recreational Marijuana State Laws and Reforms, Who decides | Permalink | Comments (0)
Monday, November 5, 2018
The title of this post is the headline of this effective new Washington Post piece, which gets started this way:
It has been a big year for marijuana policy in North America. Mexico’s supreme court overturned pot prohibition last week, while Canada’s recreational marijuana market officially opened its doors in October.
Stateside, recreational marijuana use became legal in Vermont on July 1, Oklahoma voters approved one of the country’s most progressive medical marijuana bills in June, the New York Department of Health officially recommended legalization to the governor and the Commonwealth of the Northern Mariana Islands legalized recreational use.
Now, legalization advocates are hoping to build on these successes with a number of statewide ballot measures up for consideration Tuesday, including full recreational legalization in two states and medical marijuana in two more. Here’s a rundown of what the measures say and where the polling on them stands.
Michigan: Recreational use....
North Dakota: Recreational use....
Missouri: Medical use....
Utah: Medical use....
UPDATE: The folks over at Marijuana Majority have this interesting accounting of monies spent in these campaigns under the headline "Marijuana Ballot Initiative Campaigns Raised $12.9 Million, Final Pre-Election Numbers Show." Here is how the piece starts:
2018 has been a banner year for marijuana ballot initiatives. Voters in two states are considering legalizing recreational use, while those in another two states will decide whether to allow medical cannabis.
In the lead-up to the election, committees supporting or opposing these initiatives have raised a total of $12.9 million in cash and in-kind services over the past two years to convince those voters, Marijuana Moment’s analysis of the latest campaign finance records filed the day before Election Day shows.
On the day final ballots are cast and tallied, here’s where funding totals now stand for the various cannabis committees, both pro and con, in the four states considering major modifications to marijuana laws.
November 5, 2018 in Campaigns, elections and public officials concerning reforms, Initiative reforms in states, Medical Marijuana State Laws and Reforms, Recreational Marijuana State Laws and Reforms, Who decides | Permalink | Comments (0)
Tuesday, October 23, 2018
The title of this post is the headline of this lengthy new NBC News article, which carries this summary subhead: "Four states have marijuana measures on the ballot in November, and a Democratic Congress could make it easier for more states to relax drug laws." With exactly two weeks until Election Day 2018, I like the phrase "marijuana midterms," and here are excerpts from the lengthy press piece:
As polls show record support for marijuana legalization, advocates say the midterm elections could mark the point of no return for a movement that has been gathering steam for years. "The train has left the station," said Rep. Earl Blumenauer, D-Ore., a leading marijuana reform advocate in Congress. "I see all the pieces coming together... It's the same arc we saw two generations ago with the prohibitions of alcohol."
Voters in four states will weigh in on ballot initiatives to legalize weed for recreational or medical use next month, while voters everywhere will consider giving more power to Democrats, who have increasingly campaigned on marijuana legalization and are likely to advance legislation on the issue if they win back power in Congress and state capitals.... Politically, the issue has gone from a risible sideshow to a mainstream plank with implications for racial justice and billions of dollars in tax revenue. "Politicians embraced it because it's actually good politics,” said Blumenauer. “They can read the polls.”...
But opponents say advocates are ignoring the backlash that rapid legalization has created, including from some surprising corners, like the Detroit chapter of the NAACP, which is set to announce Tuesday its opposition to a ballot measure that would legalize marijuana in Michigan, the most significant of this year's referendums. Michigan already has a robust medical marijuana industry, but voters could decide to fully legalize the drug for recreational use on Nov. 6. A recent survey commissioned by The Detroit Free Press found 55 percent of voters supported the measure, compared to 41 percent who opposed it.
Meanwhile, North Dakota voters will also have a chance to legalize recreational marijuana in one of the most conservative states in the country, two years after 64 percent of voters approved its medical use during the 2016 election. Advocates are less hopeful about their prospects this year, though a pro-legalization group released a poll this weekend claiming a narrow 51 percent of likely voters approve of the measure.
Utah, a deep red state with some of the strictest alcohol rules in the country, is considering a medical marijuana initiative, which polls suggest is favored to succeed, even though most of the state’s political and religious leaders oppose it.
At the same time, Missouri voters will consider three separate and competing medical marijuana ballot initiatives. The situation has frustrated advocates and could confuse voters, especially because it's unclear what will happen if they approve more than one next month.
Meanwhile, Vermont's state legislature earlier this year legalized cannabis, though not for commercial sale, and New York and New Jersey could be next, as lawmakers in both states are actively considering the issue....
Progressive Democrats like Florida gubernatorial candidate Andrew Gillum and Texas Senate candidate Rep. Beto O’Rourke, D-Texas, have adopted marijuana legalization as a central plank of their campaigns by tying the issue to criminal justice reform, citing the disproportionate number of African-Americans arrested for the drug even though usage is common among whites. In one of the biggest applause lines of his stump speech, O’Rourke — a longtime advocate of marijuana reform dating back to his days on the El Paso City Council — asks supporters who will be the last person of color incarcerated for possessing something that is now legal for medical use in a majority of states.
But a growing number of more mainstream Democrats have adopted the policy too, like J.B. Pritzker, the billionaire hotel magnate running for governor of Illinois, and Michigan gubernatorial candidate Gretchen Whitmer, who beat a progressive Bernie Sanders-style challenger in the Democratic primary. “Democrats have really jumped on this as a way of galvanizing their voters,” said Michael Collins, the interim director of the pro-legalization group Drug Policy Action. “If you're on the more moderate side of the party and you want to show your progressive bona fides, you go to marijuana, because it's not as controversial an issue as, say eliminating ICE,” the Immigrations and Customs Enforcement agency....
But Kevin Sabet, a former adviser to the Obama administration on drug policy who runs a group that opposes marijuana legalization, says advocates are overstating the inevitability of their side. “I don't think this is a done deal at all,” he said, noting that his group, Smart Approaches to Marijuana, has raised more money this year than any year in its history. “Ironically, the more legalization rolls out, as recklessly as it is, the more support we get.” Polls showing sky-high support for legalization can be misleading, Sabet argues, because they use vague wording that can lead respondents to conflate decriminalization with a full-blown recreational system that allows for storefront dispensaries.
Some of the most vocal opposition, he said, has come from African-American organizations, who express concern that the commercialization of the marijuana industry has primarily benefited white entrepreneurs even though communities of color have borne the brunt of the drug war. "This really isn't about social justice, it's about a few rich white guys getting rich," Sabet said, noting that the black caucus in the New Jersey state legislature has helped stall Murphy's legalization effort in New Jersey.
Proponents acknowledge the racial disparities in the marijuana industry, and some, like Maryland Democratic gubernatorial candidate Ben Jealous, the former head of the NAACP, has advocated a legalization regime that would benefit black and brown weed entrepreneurs.
Either way, if Democrats win back the House, advocates say Congress could advance a number of reform bills that have been blocked by the Republican majority. Some, like a bill to exempt states that have legalized marijuana from federal restrictions and another to allow marijuana businesses to use banks, have numerous Republican co-sponsors and could pass both chambers of Congress today — if only leaders allowed lawmakers to vote on them, advocates say.
October 23, 2018 in Campaigns, elections and public officials concerning reforms, Criminal justice developments and reforms, History of Marijuana Laws in the United States, Initiative reforms in states, Medical Marijuana State Laws and Reforms, Race, Gender and Class Issues, Recreational Marijuana Commentary and Debate, Recreational Marijuana State Laws and Reforms | Permalink | Comments (0)
Wednesday, October 10, 2018
The title of this post is my weak attempt to make a play on the phrase "Go West, young man" to capture Manifest Destiny concepts combined now with this new AP article about marijuana reform efforts this election year. The AP piece is headlined "Marijuana backers look for Midwest breakthrough in November," and here are excerpts:
Backers of broad marijuana legalization are looking to break through a geographic barrier in November and get their first foothold in the Midwest after a string of election victories in Northeastern and Western states.
Michigan and North Dakota, where voters previously authorized medical marijuana, will decide if the drug should be legal for any adult 21 and older. They would become the 10th and 11th states to legalize so-called recreational marijuana since 2012, lightning speed in political terms.
Meantime, Missouri and Utah will weigh medical marijuana, which is permitted in 31 states after voters in conservative Oklahoma approved such use in June. Even if Utah’s initiative is defeated, a compromise reached last week between advocates and opponents including the Mormon church would have the Legislature legalize medical marijuana.
“We’ve kind of reached a critical mass of acceptance,” said Rebecca Haffajee, a University of Michigan assistant professor of health management and policy. She said the country may be at a “breaking point” where change is inevitable at the federal level because so many states are in conflict with U.S. policy that treats marijuana as a controlled substance like heroin. “Generally, people either find a therapeutic benefit or enjoy the substance and want to do so without the fear of being a criminal for using it,” Haffajee said....
In Michigan, surveys show the public’s receptiveness to marijuana legalization tracks similarly with nationwide polling that finds about 60 percent support, according to Gallup and the Pew Research Center.
The Washington-based Marijuana Policy Project was the driving force behind successful legalization initiatives in other states and has given at least $444,000 for the Michigan ballot drive. “The electorate is recognizing that prohibition doesn’t work. There’s also a growing societal acceptance of marijuana use on a personal level,” said Matthew Schweich, the project’s deputy director. “Our culture has already legalized marijuana. Now it’s a question of, ‘How quickly will the laws catch up?’” added Schweich, also the campaign director for the Michigan legalization effort, known as the Coalition to Regulate Marijuana Like Alcohol.
Midwest voters have considered recreational legalization just once before, in 2015, when Ohio overwhelmingly rejected it. Supporters said the result was more back lash against allowing only certain private investors to control growing facilities than opposition to marijuana.
Proponents of Michigan’s measure say it would align with a new, strong regulatory system for medical marijuana businesses and add roughly $130 million annually in tax revenue, specifically for road repairs, schools and municipalities. Military veterans and retired police officers are among those backing legalization in online ads that were launched Tuesday.
Critics say the Michigan proposal is out of step and cite provisions allowing a possession limit of 2.5 ounces (71 grams) that is higher than many other states and a 16 percent tax rate that is lower. Opponents include chambers of commerce and law enforcement groups along with doctors, the Catholic Church and organizations fighting substance abuse....
In North Dakota, legalization faces an uphill battle. No significant outside supporters have financed the effort, which comes as the state still is setting up a medical marijuana system voters approved by a wide margin two years ago.
The medical marijuana campaign in predominantly Mormon Utah, which has received $293,000 from the Marijuana Policy Project, was jolted last week when Gov. Gary Herbert said he will call lawmakers into a special postelection session to pass a compromise deal into law regardless of how the public vote goes.
Medical marijuana also is on the ballot in Missouri and while the concept has significant support, voters may be confused by its ballot presentation. Supporters gathered enough signatures to place three initiatives before voters. Two would change the state constitution; the third would amend state law. If all three pass, constitutional amendments take precedence over state law, and whichever amendment receives the most votes would overrule the other.
An organizer of one amendment, physician and attorney Brad Bradshaw, said it is unclear if having three initiatives could split supporters so much that some or all of the proposals fail. “A lot of people don’t really even have this on the radar at this point,” he said. “They’re going to walk into the booth to vote and they’re going to see all three of these and say, ‘What the heck?’ You just don’t know how it’s going to play out.”
October 10, 2018 in Initiative reforms in states, Medical Marijuana State Laws and Reforms, Polling data and results, Recreational Marijuana State Laws and Reforms, Who decides | Permalink | Comments (0)
Sunday, October 7, 2018
Though some may tire of the talk of "laboratories of democracy" in the context of marijuana reform, I never tire noticing all the different ways state-level reform efforts are producing different approaches to marijuana laws and policies. And, as explained in this new local piece, headlined "Utah could become the guinea pig for state distribution of medical marijuana," a notable state out west is working toward a novel social and economic experimental approach to marijuana reform. Here are the details:
The medical marijuana agreement that has brought together warring factions in the Proposition 2 debate could make Utah a national test case — the state itself would distribute the cannabis. Sure, other governments have mulled such a system, but they’ve generally shied away from direct involvement in dispensing a substance illegal under federal law, said Karen O’Keefe, state policies director for the Marijuana Policy Project....
Gov. Gary Herbert, legislative leaders and advocates unveiled the proposed legislation Thursday that Utah lawmakers are expected to take up during a November special session. Herbert described it as a step toward establishing a medical marijuana program that Prop 2 opponents, such as The Church of Jesus Christ of Latter-day Saints, could stomach and pledged to put it before lawmakers next month whether or not the ballot initiative passes.
The consensus plan would create a centralized state pharmacy that would package individual medical cannabis orders and ship them to a local health department for pickup by patients who qualify. Up to five private “medical cannabis pharmacies” would also be allowed under the legislation, but the state-run system would act as an alternative for rural residents who live far from these locations, Sen. Evan Vickers, R-Cedar City, said. “Is it unique? Yeah, it’s definitely a unique model,” he said, “and that’s why it could very well become the role model ... for the rest of the country."...
Vickers, who is a pharmacist by profession and helped broker the cannabis accord, said he was comfortable that the state wouldn’t run afoul of federal law by getting involved in the distribution of a Schedule 1 drug. He said he vetted the idea with the Drug Enforcement Administration but wouldn’t disclose who he’d communicated with, saying the conversations were sensitive.
O’Keefe said the Marijuana Policy Project isn’t sure a state-run model will fly in Utah. The closest comparison for it is in Louisiana, where the state designated two public institutions, Louisiana State University and Southern University, as the only legal growers of marijuana plants. The Louisiana program isn’t running yet, she said. But her advocacy group — which has dumped more than $210,000 into the campaign supporting Prop 2 — is satisfied that if Utah’s centralized system fails, the private cannabis pharmacies will keep patients supplied....
Connor Boyack, founder of the libertarian Libertas Institute, said the state-run system was a hotly debated element in the medical cannabis plan. His group was unwilling to rely on the central fill pharmacy alone and insisted the bill allow private pharmacies as a backup. “We don’t have high hopes for [the state-run system]," he said, “but to be fair and in good faith, we’re saying, go for it.”
October 7, 2018 in Campaigns, elections and public officials concerning reforms, History of Marijuana Laws in the United States, Initiative reforms in states, Medical Marijuana State Laws and Reforms, Who decides | Permalink | Comments (0)
Monday, September 10, 2018
The title of this post is the the of this new paper recently posted to SSRN and authored by Matt Lamkin. Here is its abstract:
From the opioid epidemic and medical marijuana to abortion restrictions and physician-assisted suicide, disputes over the proper uses of medicine loom large in American life. Nowhere is this conflict more apparent than in federal drug control policy, which is premised on a clear distinction between legitimate “medical” uses and illicit “abuse.” Yet the Controlled Substances Act defines neither of these foundational concepts . While it is tempting to imagine medicine’s scope is limited to treating or preventing disease – rendering nontherapeutic drug use “abuse” – in fact medical practice has always included interventions that are not aimed at healing. This trend has only accelerated as medical practice has become increasingly consumer-oriented. From Adderall to Xanax, patients now routinely seek prescriptions not to treat diagnosable illnesses, but to relieve stress, improve productivity, and otherwise enhance quality of life.
As physicians increasingly prescribe psychoactive drugs to help healthy people obtain desirable mental states, distinguishing legitimate drug use from recreational abuse becomes ever more difficult. Having failed to acknowledge this challenge, the DEA, courts, and scholars have not offered a principled way to make this distinction, rendering drug control policy increasingly incoherent. As a result, doctors face criminal prosecution without clear standards governing prescribing, potentially valuable interventions are arbitrarily barred from the market, and millions seek the benefits of drugs without professional medical guidance to mitigate their risks.
Rather than being limited to therapeutic aims, medicine is better understood as the application of a loosely-defined set of knowledge and interventions that the law entrusts to specific professionals, with accompanying duties to use these tools to benefit patients. Medical practice includes treating and preventing illnesses, but can also include enhancing social and cognitive functioning and promoting the well-being of people whose challenges do not rise to the level of disorders. Discarding a narrow conception of medicine does not require abandoning the enforcement of drug laws or the policing of doctors. But acknowledging the expansiveness of medicine’s domain does argue for clarifying the scope of physicians’ criminal liability and pursuing new strategies for harnessing drugs’ benefits while mitigating their risks.
Friday, September 7, 2018
I could not resist spotlighting this new local article about the slow roll-out of Ohio's medical marijuana program due to its use of a great quote in its headline, "'Cannabis regulated like plutonium': Security measures causing delays in marijuana launch date." Here is some context for the quote:
Ohio's Medical Marijuana program was originally supposed to launch on Sept. 8. For months, it's been clear that delays with licensing and construction for the new facilities meant patients wouldn't be able to get medical products produced in Ohio until months after the initial start date, potentially as late as early 2019.
For an industry that's planning to be the business of the future, required security measures sound like they're from an old-fashioned action movie. Some of the basic procedures medical marijuana companies will have to follow include "unmarked cars, travel point A to point B, randomized routes, manifests before and after delivery," explained Frantz Ward LLP Attorney Tom Haren....
"I think that cannabis is basically regulated like plutonium," said Cleveland School of Cannabis Dean of Instruction and Student Success Jacob Wagner. He says plants are tracked "from seed to sale," making sure nothing gets diverted to the black market. When his school's students graduate and become medical marijuana industry employees, they'll wear state-required badges, and their facilities will be watched around the clock through redundant security systems, accessible to regulators in Columbus.
"It's designed to also make sure that every product is tested, every product is properly packaged and properly labeled before it reaches the end consumer, the patient," said Wagner.
"The worst thing for the program would be some type of criminal activity of some kind of adulterated product making its way into the market and into the hands of the patient," said Haren.
Tuesday, August 28, 2018
Has anyone tracked how many times and how many ways state medical marijuana programs have been expanded after inception?
The question in the title of this post was my first reaction to the latest reports on the latest states to expand access to medical marijuana. This piece from Connecticut on this front is headlined "State Approves Use Of Medical Marijuana For Stubborn Headaches, 7 Other Conditions," and here are the basics:
Medical marijuana may now be prescribed in Connecticut to treat medication-resistant headaches, severe rheumatoid arthritis and several other new conditions, the Department of Consumer Protection announced Tuesday.
The state legislature’s Regulation Review Committee has updated the state’s medical marijuana program regulations to include eight new conditions for adults and two new conditions for patients under 18.
Today, also brings this similar news from Illinois, under the headline "Rauner signs medical marijuana expansion bill allowing drug as painkiller alternative," starting this way:
A measure that could dramatically expand access to medical marijuana in Illinois — making it available as an opioid painkiller replacement and easing the application process for all who qualify — was signed into law by Gov. Bruce Rauner on Tuesday....
No longer will any applicants have to be fingerprinted and undergo criminal background checks. And those who complete an online application with a doctor’s authorization will get a provisional registration to buy medical cannabis while they wait for state officials to make a final review of their request.
My sense is that this is a common reality that has found expression perhaps multiple time in multiple states: over time, states add qualifying conditions or reduce restriction on access to medical marijuana. I suspect someone somewhere is tracking these developments nationwide, and I think the pace and scope of amendments to state medical marijuana regimes would tell an interesting and significant modern reform story.
August 28, 2018 in History of Marijuana Laws in the United States, Medical Marijuana Commentary and Debate, Medical Marijuana Data and Research, Medical Marijuana State Laws and Reforms | Permalink | Comments (0)
Monday, August 13, 2018
The title of this post is the title of this notable new research article forthcoming in the October 2018 issue of the International Journal of Drug Policy. Here is its abstract:
The aim of this research was to determine the association between legalizing medical marijuana and workplace fatalities.
Repeated cross-sectional data on workplace fatalities at the state-year level were analyzed using a multivariate Poisson regression.
To date, 29 states and the District of Columbia have legalized the use of marijuana for medicinal purposes. Although there is increasing concern that legalizing medical marijuana will make workplaces more dangerous, little is known about the relationship between medical marijuana laws (MMLs) and workplace fatalities.
All 50 states and the District of Columbia for the period 1992–2015.
Workplace fatalities by state and year were obtained from the Bureau of Labor Statistics. Regression models were adjusted for state demographics, the unemployment rate, state fixed effects, and year fixed effects.
Legalizing medical marijuana was associated with a 19.5% reduction in the expected number of workplace fatalities among workers aged 25–44 (incident rate ratio [IRR], 0.805; 95% CI, .662–.979). The association between legalizing medical marijuana and workplace fatalities among workers aged 16–24, although negative, was not statistically significant at conventional levels. The association between legalizing medical marijuana and workplace fatalities among workers aged 25–44 grew stronger over time. Five years after coming into effect, MMLs were associated with a 33.7% reduction in the expected number of workplace fatalities (IRR, 0.663; 95% CI, .482–.912). MMLs that listed pain as a qualifying condition or allowed collective cultivation were associated with larger reductions in fatalities among workers aged 25–44 than those that did not.
The results provide evidence that legalizing medical marijuana improved workplace safety for workers aged 25–44. Further investigation is required to determine whether this result is attributable to reductions in the consumption of alcohol and other substances that impair cognitive function, memory, and motor skills.
Thursday, August 9, 2018
A family trip has taken me off line for the last week, and so I feel way behind on marijuana reform news. But, as regular readers know, Marijuana Moment is a consistently informative (pro-reform) marijuana news site. As I was catching up, I thought these stories from the last week on that site were particularly noteworthy:
August 9, 2018 in Criminal justice developments and reforms, Medical Marijuana State Laws and Reforms, Recreational Marijuana Data and Research, Recreational Marijuana State Laws and Reforms | Permalink | Comments (0)
Monday, July 30, 2018
This local Florida article, headlined "Marijuana booming as state nears 2-year mark," reports on (unsurprising?) medical marijuana realities in the Sunshine State. Here are highlights from the lengthy piece:
More than 100,000 Floridians now can legally take marijuana for medicinal purposes. This milestone, reached in April, is one of many signs that Florida’s young marijuana industry is booming as the state approaches the two-year anniversary of voters legalizing medical pot.
But issues remain: Some patients complain that the Florida Department of Health’s rules create unfair barriers for patients. They can’t smoke their marijuana or grow their own, for example. They also gripe about the patient approval process and the cost of medication. Companies eager to jump into the marijuana business are waiting for the state to issue additional licenses required by law upon passing the 100,000-patient mark....
In November 2016, 71 percent of Florida’s voters gave the green light to medical marijuana. The state still is issuing guidelines and battling lawsuits over how that should be done. But the direction is clear. Already, analysts are projecting a $1 billion medical marijuana market in Florida by 2020.
Fourteen companies have received licenses from the state. They’ve opened 43 dispensaries statewide, including offices in Summerfield and Lady Lake, to serve the growing number of approved patients, which has more than doubled since the start of the year. The coveted licenses are drawing attention from established marijuana businesses. In June, California-based MedMen paid $53 million to acquire the cultivation and distribution rights from Treadwell Nursery in Eustis....
[T]he process to become a qualifying doctor [initially meant] doctors were required to pay $1,000 for an eight-hour course. That requirement has since decreased to a two-hour course costing $250. More than 1,500 physicians now are able to recommend marijuana to patients, including more than 40 in Sumter, Lake and Marion counties.
Miami-Dade and Palm Beach counties have the most registered physicians, with more than 200 each. Demand for doctors persists, with 1,500 to 3,500 patients joining the registry every week....
Even as more and more people line up for treatment, criticism of the program continues. Companies and advocates of Amendment 2, which authorized medical marijuana, are challenging some of the rules laid out by the Department of Health. Attorney John Morgan sued the department over its rule banning smokeable cannabis, arguing it goes against the will of the voters who approved the amendment. Vaping is allowed. Tallahassee Circuit Judge Karen Gievers sided with Morgan, saying the restriction was unconstitutional. The state immediately appealed the decision, and Morgan tried to get the Florida Supreme Court to consider the case. He now is focusing on legalizing recreational use.
Morgan criticized Gov. Rick Scott, who had opposed the broad legalization of medical marijuana, for allowing the smoking ban. Scott defended following the law as it is written. He is not alone in voicing smoking opposition. The American Society of Addiction Medicine rejects smoking as a means of drug delivery for medical purposes. The American Cancer Society Cancer Action Network, the ACS’s advocacy group, has not taken a position on legalization of marijuana for medical purposes, citing a need for more scientific research on marijuana’s potential benefits and harms.
Thursday, July 19, 2018
Effective explanation of why it is so hard to explain the exact number of "medical marijuana states"
Over at Marijuana Moment, Kyle Jaeger has this nice new piece on a bit of head-counting (or should I say state-counting) that always sticks in my craw. His piece is headlined "How Many Medical Marijuana States Are There? Advocates Disagree On The Number," and here are excerpts:
Is it 30? 31? How about 45 or 49?
With marijuana legalization efforts moving forward at full steam in states across the country, it can be understandably difficult to keep track of the total number of states that have legalized cannabis in some form, especially when it comes to counting differing medical programs.
In some cases, even national advocacy groups disagree over the actual tally. For example, the Marijuana Policy Project (MPP) lists 30 legal medical marijuana states, while NORML says the number is 31. Americans for Safe Access, meanwhile, has an interactive map that provides information about existing cannabis laws in 45 states. So what is the number, really?
If you ask NORML, it’s a plain and clear 31. Paul Armentano, the organization’s deputy director, told Marijuana Moment that it’s based on simple reasoning: there are currently 31 states in the U.S. that have legalized marijuana for medical or recreational purposes (not including more limited, CBD-focused laws in other states, but we’ll get to those in a minute)....
Unlike NORML, MPP determines what constitutes a legal medical marijuana state based on the fact the state passed a law aimed at medical cannabis in addition to an independent analysis of the efficacy of those laws. That’s why the organization doesn’t include Louisiana in its list of legal states, for instance, even though NORML and others count it.
“Forty-nine states have adopted some form of medical marijuana law, and we feel that the easiest distinction to draw is between those that are effective and relatively comprehensive and those that are ineffective or highly restrictive,” Mason Tvert, MPP’s media relations director, told Marijuana Moment. “There are some states, such as Louisiana, that could arguably fall into both categories, but our policy experts currently still consider it to be too limited to be considered one of the states that has adopted an effective and comprehensive medical marijuana law.”...
When you hear numbers in the upper 40s, those generally take into account states that allow certain patients to use CBD extracts with low-THC composition, but licensed programs providing those products are few and far between. Generally speaking, legalization advocates don’t consider CBD-only states “legal,” per se, but it’s another factor that can muddle the math.
What consequence, if any, these varying tallies have on public policy is uncertain. Advocates believe, however, that including the CBD-only states is one key factor that led to the passage in 2014, and subsequent extension, of a congressionally approved rider preventing Justice Department interference in medical marijuana states. Since the text of the measure itself meticulously lists out all of the affected states — including ones like Texas and Virginia, which only have CBD laws — it is that much harder for lawmakers from those states to vote no....
One thing advocates do agree on is the number of states that allow recreational, or adult-use marijuana. That’s nine, plus Washington, D.C.
Thursday, June 28, 2018
Over at Marijuana Moment, Kyle Jaeger has this terrific new piece reflecting on the extraordinary dynamics surrounding the vote on Tuesday in Oklahoma approving a medical marijuana initiative. I recommend the piece in full, and here are excerpts:
Voters in one of the reddest states in the nation approved one of the most far-reaching marijuana ballot measures on Tuesday, making Oklahoma the 30th state to legalize medical cannabis.
And while advocates and pro-legalization organizers in the state will tell you they weren’t necessarily surprised by the results — with polls consistently showing majority support in the lead-up to Tuesday’s vote, for example — the initiative’s passage by a wide margin (57 percent to 43 percent) is still extraordinary.
In part, that’s because of the political landscape of Oklahoma. The state hasn’t voted for a Democratic presidential candidate since 1964, and its marijuana laws have historically reflected a staunch, prohibitionist mindset. Just four years ago, getting caught consuming cannabis in public twice could land you in prison for up to a decade.
But perhaps even more impressively, the initiative was decisively approved—during a midterm primary election—in spite of the fact that committees in support of State Question 788 were outspent by committees opposed to the measure six-to-one. According to the latest campaign finance records, Oklahomans for Health, which played a leading role in support of the initiative, and Yes On 788 spent a total of about $155,000 during their campaigns based on the latest campaign finance disclosure statements submitted June 26.
Committees opposed to the initiative, Oklahomans Against 788 and SQ Is NOT Medical spent a total of about $920,500 on their anti-legalization campaigns, some of which was used for television advertising against the measure. Supporters, on the other hand, did not have enough funds to go on the air with their message.
Chip Paul, chairman of Oklahomans for Health, told Marijuana Moment that the group’s minimal spending “speaks volume for liberty, freedom, unity… because Oklahoma united around this and made it happen.”...
Unlike pro-legalization campaign committees advancing reform bids in many past state-level elections, Oklahomans for Health did not receive financial contributions from national advocacy groups such as Marijuana Policy Project or the Drug Policy Alliance. Paul said it was better that way because “it means more if we do this for $0 or $10,000.”
Another element of the group’s campaign efforts involved strategically avoiding divisive, partisan politics. While the initiative itself has been characterized as “liberal” because it doesn’t include a list of limited medical conditions that qualify individuals for cannabis, the issue at hand is increasingly bipartisan. A recent survey from the progressive think tank Center for American Progress found a record 68 percent of Americans favor recreational legalization, including 57 percent of Republicans. Support for medical marijuana legalization is even higher, with 93 percent of Americans in agreement that patients should be able to legally access the plant. “For the most, we’ve managed to rise above things that would divide us,” Paul said.
June 28, 2018 in Campaigns, elections and public officials concerning reforms, History of Marijuana Laws in the United States, Initiative reforms in states, Medical Marijuana Commentary and Debate, Medical Marijuana State Laws and Reforms, Who decides | Permalink | Comments (0)
Wednesday, June 27, 2018
As reported in this press release, "Senate Democratic Leader Chuck Schumer (D-NY) today formally introduced new legislation to decriminalize marijuana at the federal level." Here is more from the press release, with its links to the proposed legislation:
Specifically, the Marijuana Freedom and Opportunity Act removes marijuana from the list of scheduled substances under the Controlled Substances Act, effectively decriminalizing it at the federal level. The legislation allows states to continue to function as laboratories of democracy and ultimately decide how they will treat marijuana possession. The legislation, however, does not change federal authorities’ ability to prevent trafficking from states where marijuana is legal to states where is not. The bill also preserves the federal government’s ability to regulate marijuana advertising -- just as it does tobacco -- so that advertisers cannot target children. Schumer has long advocated for states’ rights when it comes to medical marijuana.
Leader Schumer’s new legislation also takes steps to help communities that have been disproportionally affected by our current marijuana laws. The bill includes authorization of grant programs designed to encourage states and local governments to allow individuals to seal or expunge marijuana possession conviction records, and it creates a new funding stream to help ensure that women and minority entrepreneurs have access to the new marijuana industries in their states. The bill also makes new investments in research to fully understand the effect of THC on both driving and public health – particularly in adolescents.
Leader Schumer’s Marijuana Freedom and Opportunity Act is cosponsored by Senators Bernie Sanders (I-VT), Tim Kaine (D-VA) and Tammy Duckworth (D-IL)....
A fact sheet on the Marijuana Freedom and Opportunity Act can be viewed here. The full text of the Marijuana Freedom and Opportunity Act can be viewed here. A section-by-section summary of the Marijuana Freedom and Opportunity Act can be found here.
Specifically, Leader Schumer’s new legislation would:
- Decriminalize Marijuana: The legislation would decriminalize marijuana at the federal level by descheduling it, which means removing marijuana from the list of scheduled substances under the U.S. Controlled Substances Act of 1970;
- Respect States’ Rights: The legislation would maintain federal law enforcement’s authority to prevent marijuana trafficking from states that have legalized marijuana to those that have not;
- Level The Economic Playing Field: The legislation would establish dedicated funding streams to be administered by the Small Business Administration (SBA) for women and minority-owned marijuana businesses that would be determinant on a reasonable estimate of the total amount of revenue generated by the marijuana industry;
- Ensure Public Safety: The legislation would authorize $250 million over five years for targeted investments in highway safety research to ensure federal agencies have the resources they need to assess the pitfalls of driving under the influence of THC and develop technology to reliably measure impairment;
- Invest In Public Health: The legislation would invest $500 million across five years for the Secretary of Health and Human Services to work in close coordination with the Director of National Institutes of Health (NIH) and the Commissioner of Food and Drug Administration (FDA) in order to better understand the impact of marijuana, including the effects of THC on the human brain and the efficacy of marijuana as a treatment for specific ailments;
- Protect Children: The legislation would maintain the Department of Treasury’s authority to regulate marijuana advertising in the same way it does tobacco advertising to ensure the marijuana businesses aren’t allowed to target children in their advertisements. The bill also allows the agency to impose penalties in the case of violations;
- Incentive sealing and Expungement programs: The legislation authorizes grant programs to encourage state and local governments to administer, adopt, or enhance expungement or sealing programs for marijuana possession convictions. The bill provides $100 million over five years to the DOJ to carry out this purpose.
This is big news not only because it provides still further evidence that "establishment Democrats" are now fully behind federal marijuana reform, but also because Senator Schumer is positioned to be the House majority leader if Democrats retake control of the Senate in either 2018 or 2020. If that happens, Senator Schumer presumably would be most interesting in having his version of marijuana reform considered first among all the competing bills now floating about.
June 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 State Laws and Reforms, Recreational Marijuana State Laws and Reforms, Who decides | Permalink | Comments (0)
Tuesday, June 26, 2018
As reported by Tom Angell at Forbes, "Voters in Oklahoma approved a ballot measure making the state the 30th in the nation to allow broad access to medical marijuana." Here is more:
The proposal, which was leading by a 57% to 43% margin with more than 98% of precincts reporting on Tuesday night, would allow doctors to recommend cannabis for any medical condition they see fit. Most other state medical marijuana laws delineate a specific list of diseases and disorders for which physicians can authorize patients' participation.
The approval of such a far-reaching marijuana proposal in a deeply red state like Oklahoma -- during a midterm primary election, no less -- is a clear sign of the mainstream political support that cannabis reform now enjoys....
Under the new Oklahoma law as drafted, legal patients will receive state ID cards and be allowed to possess three ounces of cannabis in public, and store up to eight ounces at home.
Home cultivation of six mature plants and six seedlings is allowed, as is possession of up to one ounce of cannabis concentrates and 72 ounces of marijuana-infused edible products. Patients could also designate a caregiver to purchase or grow medicine for them.
The new law would also add some level of protection for medical cannabis patients who don't go through the step of getting a state-issued identification card. People who are caught with 1.5 ounces or less of marijuana and can "state a medical condition" would face a misdemeanor offense punishable by no more than a $400 fine.
The state would issue licenses for medical cannabis cultivation, processing, transportation and dispensing businesses, and a 7% retail tax would be applied to medical cannabis sales. Revenue would first go toward covering implementation and regulation costs, with the remainder funding education as well as drug and alcohol rehabilitation programs.
Any of these provisions are subject to change, however, and there are indications that they may be amended soon. Gov. Mary Fallin (R) said last week that she was prepared to call lawmakers into a special legislative session this summer to address provisions which, in her view, essentially allow "recreational marijuana in the state of Oklahoma."
And in a statement on Tuesday night, the governor said she "respect[s] the will of the voters in any question placed before them to determine the direction of our state" but that "it is our responsibility as state leaders to look out for the health and safety of Oklahoma citizens."
"I will be discussing with legislative leaders and state agencies our options going forward on how best to proceed with adding a medical and proper regulatory framework to make sure marijuana use is truly for valid medical illnesses [said] Governor Mary Fallin...
In the lead up to the vote, the measure faced vocal opposition from Fallin and from other popular officials like U.S. Sen. James Lankford (R), who appeared in a television ad urging voters to reject medical marijuana. Groups like the Oklahoma State Medical Association, the Oklahoma Sheriffs’ Association and the Oklahoma District Attorneys Association also campaigned against legalization.
I thought there was a real chance that this Oklahoma initiative might fail because state leaders seemingly did an effective job of conveying the message that the proposal was tantamount to approving recreational marijuana, and it also seemed more resources were spent in the campaign against the initiative than for it. But despite these forces, a significant form of marijuana reform passed by a very wide margin in a very red state. Too bad representatives in Washington DC have still not yet fully come to understand the depth and strength of voter interest in ending blanket marijuana prohibitions.
Saturday, June 16, 2018
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
As 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.