Oregon's federal representatives fight to protect marijuana advertising, medical marijuana and CBD bills are moving in the states, a Maryland delegates files bills for drug treatment on demand, supervised injection sites, opiate maintenance (including heroin), and drug decriminalization -- quite a package! -- and more.
[image:1 align:right caption:true]Marijuana Policy
Oregon Federal Reps File Bill to Allow Published Marijuana Ads. Responding to warnings from the US Postal Service that mailing newspapers or magazines with marijuana advertising is prohibited even in states where it is legal, Oregon's two Democratic senators, Ron Wyden and Jeff Merkley, have joined with two Democratic House members, Earl Blumenauer and Suzanne Bonamici, to file the Marijuana Advertising in Legal States (MAILS) Act (HR 4467). The bill would reverse the USPS policy. "Federal agencies must respect the decisions made by law-abiding Oregonians and small business owners in the state," Wyden said. "Our bill updates the federal approach to marijuana, ending the threat to news publications that choose to accept advertising from legal marijuana businesses in Oregon and other states where voters also have freely decided to legalize marijuana."
Michigan Legalization Campaign Getting Close to Signature Goal. The MILegalize campaign says it has already collected some 240,000 raw signatures and is seeking another 100,000 to ensure a comfortable cushion for invalidated signatures. The state requires 252,000 valid voter signatures to qualify for the November ballot.
Alabama Bill Would Expand Access to CBD Cannabis Oil. Rep. Mike Ball (R-Madison County) has introduced House Bill 61, which would expand access to CBD beyond a limited study program at the University of Alabama-Birmingham. The new bill would allow parents with a valid recommendation for CBD cannabis oil to possess it in the state.
Delaware Bill Would Allow CBD Cannabis Oil for Kids in Schools. Sen. Ernie Lopez (R-Lewes) has filed Senate Bill 181, which would allow authorized caregivers to possess and administer CBD cannabis oil to pupils in school as needed.
Utah Medical Marijuana, CBD Cannabis Oil Bills Move. Two medical marijuana-related bills are headed for the Senate floor after winning committee votes. Senate Bill 73, filed by Rep. Mark Madsen (R-Saratoga Springs), would allow whole plant medical marijuana, while Senate Bill 89, sponsored by Sen. Evan Vickers (R-Cedar City), would expand on CBD cannabis legislation passed last year.
Florida Bill to Ban Kratom Advances. A bill that would ban the increasing popular Southeast Asian herb, which some are using as an alternative to opiates or as a means to withdraw from them, has passed the House Criminal Justice Subcommittee. The bill, House Bill 73, would make possession of kratom a misdemeanor. A similar measure seeking to make possession a felony failed last year.
New Synthetic Drugs
Kentucky Bill to Toughen Penalties for New Synthetic Drugs Advances. A bill that would increase penalties for possessing or selling new synthetic drugs has passed the House Judiciary Committee. The bill is House Bill 66.
Maryland Bill Package Attempts Comprehensive Drug Decriminalization, Harm Reduction Approach. A set of four bills being filed today would upend the way the state deals with drug use and related problems. One bill would provide for drug treatment on demand in emergency rooms and hospital settings, a second bill would allow for safe injection facilities (there are currently none in the US), a third bill would allow for opiate maintenance therapy, including with heroin, and a fourth bill would decriminalize the use and possession of personal use quantities of illicit drugs. The package is being sponsored by Delegate Dan Morhaim (D-Baltimore County).
Utah Bill Would Repeal Welfare Drug Testing Law. Since Utah approved a welfare drug testing law, only 47 applicants out of nearly 14,000 have tested positive for drugs. That's enough for Rep. Angela Romero (D-Salt Lake City) to call for an end to the program. Her House Bill 172 would do just that. It is currently before the House Economic Development and Workforce Services Committee.
On Wednesday, a group of 21 US senators and representatives sent a letter to the Department of Veterans Affairs calling on it to allow VA doctors to discuss and recommend marijuana as medicine in states where it is legal.
[image:1 align:left]The bipartisan effort was led by Sens. Kirsten Gillibrand (D-NY), Steve Daines (R-MT), and Jeff Merkley (D-OR) and Reps. Earl Blumenauer (D-OR), Dina Titus (D-NV), and Dana Rohrabacher (R-CA). All represent medical marijuana states.
Under current VA policy, embodied in VHA Directive 2011-004, which expires Sunday, VA doctors are prohibited recommending marijuana as a treatment option even in legal states. This discourages patients and doctors from being honest with each other.
"According to the current directive, VA providers are prohibited from completing forms seeking recommendations or opinions regarding a veteran's participation in a state-sanctioned marijuana program. This policy disincentivizes doctors and patients from being honest with each other," the solons wrote. "Congress has taken initial steps to alleviate this conflict in law and we will continue to work toward this goal. However, you are in a position to make this change when the current VHA directive expires at the end of this month. We ask that you act to ensure that our veterans' access to care is not compromised and that doctors and patients are allowed to have honest discussions about treatment options."
If patients can't get a recommendation from their VA docs and thus can't access dispensaries, they would be tempted to go elsewhere for recommendations, to doctors "likely far less familiar with their symptoms and medical history," the solons wrote.
[image:2 align:right caption:true]Noting that there has been a "sea change" in the legal framework around marijuana since the directive was issued in 2011, they asked that "upon the directive's expiration, any new directive remove barriers that would interfere with the doctor-patient relationship in states that have chosen to legalize marijuana for medical purposes."
But without a new directive, even though the old one is expiring, it will be the status quo at the VA, said Michael Krawitz, a US Air Force veteran and executive director of Veterans for Medical Cannabis Access. Krawitz participated in the process that led to the production and distribution of the directive.
"VA Directives remain in effect with full force even after expiration unless they are officially replaced or rescinded," he said. "Although I can understand that patients might not know that and might get uneasy about the expiring directive, but in practicality there should be no change in clinical practices caused by the expiration."
While VA patients could be spooked by the expiration, the status quo is unacceptable, said Dr. Sue Sisley, MD, in clinical psychiatry and internal medicine, who has two decades of experience treating veterans and who is set to do a pilot study on medical marijuana and PTSD for veterans.
"I've worked with veterans all over the country who are dealing with severe and chronic, debilitating medical problems," she said. "They just want the treatment that is going to help them the most, with the least side effects. I have seen firsthand the dramatic improvement so many veterans have had while taking cannabis. Not only have they experienced relief from problems such as PTSD, chronic pain, and migraines, but many of them have also been able to break their addiction to more dangerous drugs, such as opioids and benzodiazepines."
[image:3 align:left caption:true]VA staff physician Deborah Gilman, MD, said current VA policy forces physicians to ignore the science if it conflicts with policy.
"Unlike private practice physicians, VA physicians are under a gag order regarding discussing marijuana with patients," she said. "In other settings, doctors can be honest about their medical opinions regarding treatment options, based on science. In the VA, an administrator can write policy that you can't disagree with without losing your job. Veterans are fearful of losing either their medical benefits or their access to health care if they acknowledge using marijuana. This causes a VA doctor to give you a medical opinion based on the VA regulation, not on the science. I knew many VA doctors whose professional opinion was that cannabis might help some of their patients, but they could never say so in their office or in public."
"There is nothing more sacred in healthcare than the doctor-patient relationship," said Sisley. "Right now we are seeing interference with that coveted relationship. No government policy should come between a doctor and their patients. The only people who should be making medical decisions for veterans are their physicians, not a bureaucrat and not a law enforcement official. These men and women have sacrificed so much for their country. It's only fair that they get the care that they deserve, and have access to the whole range of treatment options."
For Krawitz, it's about getting health care he and countless other vets deserve.
"I suffer from a combination of internal injuries and broken bones leading me to be a perfect candidate for cannabis as an adjunct pain treatment," he explained. "I need to be able to go in and see my VA doctor and have a honest conversation where my doctor feels free to gain knowledge now available through continuing medical education and relay that information to me in writing even if that is the very documentation is what I need to participate in a state medical marijuana program."
Now it's up to Veterans Affairs Secretary Robert McDonald. He's heard from Congress, he's heard from patients, he's heard from doctors and scientists. We'll see if he's listening.
Chronicle AM: MJ Arrests Plummet in NYC & Jamaica, ME May Refelonize Drug Possession, More... (1/4/16)
What a difference a policy change makes! After decrim in Jamaica and actually enforcing decrim in New York City, marijuana arrests plummet in both places, a bill to cut pot penalties advances in Kansas, a bill to refelonize hard drug possession is in play in Maine, and more.
[image:1 align:left caption:true]Marijuana Policy
Kansas Senate Approves Cutting Marijuana Penalties. The state Senate Wednesday voted 38-1 to approve House Bill 2049, which lowers marijuana possession penalties. The bill moves first time pot possession from a Class A to a Class B misdemeanor and it moves second-time pot possession from a felony to a Class A misdemeanor. The Senate rejected an effort by Sen. David Haley (D-Kansas City) to decriminalize marijuana possession.
New York City Marijuana Possession Arrests Plummet. Marijuana possession arrests in the city hit their lowest level in 20 years last year, according to new data released by the State Division of Criminal Justice Services. Some 16,590 people were arrested for pot possession last year, down 42% from the year before and down a whopping 67% from 2011, when more than 50,000 people were arrested. While the arrests are down dramatically, what has not changed is the racial disparity in arrests: 88% of those arrested were black or Latino.
California Governor Signs Bill to Kill Medical Marijuana Decision Deadline. Gov. Jerry Brown (D) Wednesday signed Assembly Bill 21, which will give cities and counties more time to develop local rules for commercial medical marijuana cultivation. An error in last year's statewide medical marijuana regulation bill had imposed a March 1 deadline for localities to act or they would lose control over regulating the grows to the state. More than a hundred cities and counties banned commercial cultivation in recent months as the deadline loomed.
Maine Officials Argue for Refelonizing Drug Possession. State Attorney General Janet Mills Wednesday asked lawmakers to approve a bill, LD 1554, that would refelonize the possession of hard drugs such as heroin and methamphetamine. The legislature last year made first-time drug possession a misdemeanor when the defendant had no previous convictions, but Mills and other administration officials argued that without the threat of a felony conviction and sentence (up to five years)) hanging over their heads, drug users could not be forced into drug treatment. " A felony charge brings with it the possibility of a significant period of probation … along with a long sentence hanging over the person," Mills said. "That kind of potential sentence gives the person an incentive to get into treatment and to demonstrate their commitment to recovery." But Mills is getting pushback from lawmakers. Another working session on the bill is set for next week.
Marijuana Legalization Could Cut Mexican Cartel Revenues By One-Quarter, Report Says. Mexico supplies between 30% and 50% of the pot consumed in the US, with the drug cartels raking in between one and two billion dollars a year, but that figure could be cut by up to 26% if legalization proceeds apace in the US, according to a report from the Instituto Belisario Dominguez for the Mexican Senate as it debates marijuana policy this spring. Legalization in Mexico itself "could benefit Mexico because that would increase the financial damage to the cartels, especially the Sinaloa cartel."
Jamaica Ganja Arrests Plummet After Decriminalization. National Security Minister Peter Bunning said Tuesday that police have arrested 14,000 fewer people for marijuana possession since the government decriminalized it last year. He pointed out that arrests have serious consequences, including not being able to get a visa to visit the US and problems with finding employment.
No new qualifying conditions for Illinois, Puerto Rico adopts medical marijuana regs, a New York state senator files a medical marijuana expansion bill, and more.
Last Friday, the state refused to expand the list of qualifying medical conditions. The administration of Republican Gov. Bruce Rauner will not allow patients suffering from eight conditions to use medical marijuana. The Department of Public Health announced last Friday that no new conditions would be added despite pleas from patients, advocates, and medical marijuana business owners. The Medical Cannabis Alliance of Illinois issued a statement calling the decision "a gross injustice to patients."
On Monday, a patient who sued the state over medical marijuana access died. Linda Horan, who sued the state in November to issue her a medical marijuana card so she could get her medicine in Maine because New Hampshire dispensaries hadn't opened, died Monday at age 64. The ailing labor leader won her lawsuit and was able to procure medical marijuana out of state, but succumbed to cancer. The court ruling applied only to Horan, but days after the ruling, the states began sending out ID cards to patients.
Last Friday, a medical marijuana expansion bill was filed. Assemblyman Richard Gottfried (D-Manhattan), chair of the Assembly Health Committee, last Friday filed a bill that would double the number of medical marijuana manufacturers and dispensaries in the state. The bill is not yet available on the legislative website.
Last Thursday, the commonwealth adopted medical marijuana regulations. The island dependency's Health Department has adopted a regulation to allow for the cultivation, manufacture, and distribution of medical marijuana. The regulation does not allow smoking it. The department said it will implement a seed-to-sale tracking system and award licenses to doctors and companies that want to grow and manufacture medical marijuana projects. The system should be in place by year's end.
On Wednesday, the governor announced a plan to impose hefty plant taxes on patients and caregivers. Gov. Gina Raimondo (D) has introduced a medical marijuana reform plan that would impose a $150 per plant tax on plants grown by patients and a $350 per plant tax on plants grown by caregivers. The governor says this will help the state raise $8.4 million in new tax revenues. But that tax is based on the administration's position that each plant is worth $17,000, which is nowhere near the case. Patient advocates are not happy.
On Monday, activists said the medical marijuana initiative won't make the ballot. A spokesman for Wyoming NORML, which organized the campaign, said Monday that the group had only managed to gather some 7,000 raw signatures ahead of next week's deadline and will fall far short of the more than 25,000 valid voter signatures required to make the ballot. The group will try again in 2018, it said.
[For extensive information about the medical marijuana debate, presented in a neutral format, visit MedicalMarijuana.ProCon.org.]
The idea of marijuana social clubs in the nation's capital remains alive, Rhode Island patients face the prospect of seeing their plants taxed, there are medical marijuana advances in Australia and Poland, and more.
[image:1 align:right]Marijuana Policy
DC City Council Backs Away from Pot Social Club Ban. The District of Columbia city council today voted to halt consideration of legislation that would permanently ban adult consumption of marijuana outside the home, and instead moved forward with the creation of a task force to explore the establishment of regulated places where adults can legally consume marijuana in the District. Last week, the council passed an emergency ban on social clubs and it was supposed to make that ban permanent today, but backed off in the face of strong public pressure. Instead, it voted to establish a task force to study the issue.
Rhode Island Governor Wants to Impose Hefty Plant Tax on Patients, Caregivers. Gov. Gina Raimondo (D) has introduced a medical marijuana reform plan that would impose a $150 per plant tax on plants grown by patients and a $350 per plant tax on plants grown by caregivers. The governor says this will help the state raise $8.4 million in new tax revenues. But that tax is based on the administration's position that each plant is worth $17,000, which is nowhere near the case. Patient advocates are not happy.
Wisconsin Bill Would Make It a Crime to Cheat a Drug Test. State Sen. Robert Cowles (R-Green Bay) has introduced a bill that would criminalize the possession, sale, or advertising of chemicals used to create synthetic urine to defeat drug tests. Under current state law, workers can be fired for cheating on drug tests, but face no criminal penalty. The bill would make using synthetic urine to cheat a drug test a misdemeanor punishable by up to 30 days in jail for users and up to 90 days in jail for sellers or manufacturers. Fourteen other states have similar laws.
Human Rights Watch Condemns Tunisia's Drug Laws. The group issued a report this week singling out Law 52, which is says requires courts to impose "cruel, disproportionate, and counterproductive" sentences on drug offenders. The law requires a mandatory minimum one year jail sentence for any illegal drug possession, including marijuana.
Australian State Run Synthetic CBD Trials on Children With Epilepsy. The Victoria state government has authorized a study on 10 children as part of an effort to understand the effects of synthetic cannabinoids on children with epilepsy. The trial is set to get underway in Melbourne this month. The state government has kicked in $150,000 for the trial.
Polish Rapper Files Medical Marijuana Bill. The pioneering Polish rapper known as Liroy is now Polish Member of Parliament Piotr Liroy-Marzec, and on Monday, he presented a draft bill to legalize medical marijuana in the East European country. "This draft crowns everything I've said over the years, especially during the election campaign," said Liroy-Marzec. "I promised people I met who were ill that I would do everything possible to table this draft," he said.