Medical Marijuana Update

Busy, busy. Lawmakers in Arkansas and North Dakota try to "fix" medical marijuana initiatives, New York chronic pain patients can now use medical marijuana, a CBD compromise is reached in Georgia, and more.

Arizona

Last Thursday, the Court of Appeals upheld limits on PTSD recommendations. The state court of appeals ruled that the Department of Health Services was acting legally when it decided that doctors could only recommend medical marijuana for "palliative care" for PTSD. The department argued there was no evidence showing marijuana could actually cure people of PTSD. The department also limited recommendations to people who were already being treated for PTSD. An Arizona medical marijuana nurses group filed suit against the restrictions, but now the court has ruled against them.

Arkansas

Last Wednesday, a bill to ban edibles and public smoking won a committee vote. A bill that would bar medical marijuana patients from consuming edibles or from smoking their medicine in public was approved by the House Rules Committee. But the measure, House Bill 1400, faces an uphill battle to win final approval because any changes to the voter-approved medical marijuana law require a two-thirds vote to pass.

Last Friday, the bill passed the House. The House voted to approve House Bill 1400, which would prohibit the smoking of medical marijuana anywhere tobacco smoking is prohibited. The bill passed 88-0. Under the bill, knowingly smoking medical marijuana in the presence of a pregnant woman would be prohibited. The measure also prohibits those under 21 from smoking medical marijuana. A bill that would have banned smoking medical marijuana at all has already died in the Senate.

On Monday, the House killed a bill banning edibles. The House voted 52-40 to kill House Bill 1991, which would have banned the commercial production of medical marijuana edibles in the state. Bill sponsor Rep. Robin Lundstrum (R-Springdale) argued that patients could make their own and that medical marijuana is medicine, not candy, but her arguments failed to sway her peers.

Georgia

Last Thursday, lawmakers reached a compromise on a CBD cannabis oil bill. Lawmakers appear to have reached an agreement that would add six illnesses and conditions to the state's list of qualifying medical conditions, allow the use of CBD cannabis oil in hospice care, and keep the allowable level of THC in cannabis oil at 5% or less. That means Senate Bill 16 should now be able to pass out of the House Human Services Committee and head for a House floor vote.

Massachusetts

Last Thursday, bills to protect patients' employment rights filed. Even as the state Supreme Court heard a case on employment rights for medical marijuana patients, two bills alive in the state legislature would do just that. Rep. Frank Smizik (D-Brookline) has introduced House Bill 2385, which would explicitlyprotect the rights of a medical marijuana patient to use the drug without facing discrimination in hiring, firing or terms of employment. The bill would also protect medical marijuana patients from discrimination in education, housing and child welfare and custody cases. That bill is currently before the Committee on Marijuana Policy. A similar bill was filed last sessions, but didn't pass. A second bill, House Bill 113, is aimed mostly at updating state law to bring it in line with the Americans With Disabilities Act, but one provision clarifies that employers cannot take adverse employment action against someone for using medical marijuana. That bill is before the Joint Committee on Children, Families, and Persons with Disabilities.

Nebraska

Last Wednesday, a medical marijuana bill got a charged hearing. At a hearing in the Judiciary Committee, law enforcement, the state attorney general's office, and the state's top doctor all came out in opposition to a medical marijuana bill, Legislative Bill 622, but legislators also heard emotional testimony in favor of the bill from Army veterans and others who said they would benefit from access to medical marijuana. Five of the bill's sponsors sit on the eight-member Judiciary Committee, so the bill is likely to make it to a House floor vote, where opposition has killed similar measures in past years.

Last Friday, the bill headed for a floor vote. The legislature's Judiciary Committee voted 6-1to advance Legislative Bill 622, which would bring medical marijuana to the Cornhusker state. The bill would authorize cultivation, manufacture, and distribution of medical marijuana products, but would ban smoking the herb or allowing patients to grow their own. The bill is opposed by Gov. Pete Ricketts (R), as well as the state's law enforcement establishment.

Nevada

On Monday, a bill was filed to let medical marijuana patients carry guns. State Sen. Kevin Atkinson (D-Las Vegas) filed Senate Bill 351. That measure would allow medical marijuana users to possess a firearm and a concealed carry permit. Current state law requires sheriffs to deny such permits for medical marijuana users.

New Hampshire

On Monday, Na Senate committee approved the use of medical marijuana for Ehrlers-Danlos syndrome. The Senate Health, Human Services, and Elderly Committee has approved a bill that would add Ehlers-Danlos syndrome to the state's list of qualifying conditions for medical marijuana. The measure now heads for a Senate floor vote. If it passes there, the House will take it up.

New York

Last Thursday, the Health Department said New Yorkers suffering chronic pain will be able to use medical marijuana starting this week. After announcing in December that it planned to add chronic paid to its list of qualifying conditions for medical marijuana, the Health Department said patients could start getting recommendations for chronic pain beginning Wednesday. The department also announced that physicians' assistants can now recommend medical marijuana. "Improving patient access to medical marijuana continues to be one of our top priorities, as it has been since the launch of the program," Health Commissioner Howard Zucker said in a statement. "These key enhancements further that goal."

North Dakota

On Tuesday, advocates threatened a lawsuit or new initiative in the face of legislative meddling. The head of the committee that ran the state's successful medical marijuana initiative campaign warned legislators that they could face a legal challenge or even another initiative campaign if they don't back away from changes contemplated in Senate Bill 2344, which has already passed the Senate. That measure bars patients and caregivers from growing their own plants and restricts the use of smoked medical marijuana to cases where a physician attests that no other form of marijuana would be effective. The comments came from Rilie Ray Morgan as he testified before the House Human Services Committee.

Tennessee

On Tuesday, a medical marijuana bill was prounounced dead. Rep. Jeremy Faison (R-Crosby) said that his medical marijuana bill, House Bill 495, is dead because senators were afraid to vote for it. "The Senate, bless their heart, are just scared to death of their voters," Faison said Tuesday after the House Health Committee shelved the bill and instead approved a non-binding marijuana-related resolution to study the issue over the summer.

Utah

On Tuesday, advocates announced plans for a 2018 initiative. Medical marijuana advocates are gearing up to try to put an initiative on the state's 2018 ballot. They said they would begin the process of signature gathering next month, and they cite promising polling. The state legislature has so far thwarted efforts to create a robust medical marijuana program.

Virginia

Last Thursday, the governor signed a bill legalizing pharmacy distribution of CBD and THC-A oil. Gov. Terry McAuliffe (D) signed Senate Bill 1027 into law. The bill allows for companies to manufacture and provide CBD cannabis oil and THC-A oil for the treatment of epilepsy and provides for its distribution through pharmacies.

[For extensive information about the medical marijuana debate, presented in a neutral format, visit MedicalMarijuana.ProCon.org.]

Permission to Reprint: This article is licensed under a modified Creative Commons Attribution license.
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