State & Local Government

In the wake of the marijuana legalization victories in Colorado and Washington last November, and buoyed by a series of national public opinion polls showing support for pot legalization going over the tipping point, marijuana reform legislation is being introduced at state houses across the land at levels never seen before.

While the mere fact that a bill has been introduced is no guarantee it's going to pass, that such bills are being introduced in record numbers speaks to how far the marijuana reform movement has come. According to a legislative activity web page maintained by the Marijuana Policy Project, decriminalization bills have been introduced in 10 states and the dependency of the Northern Mariana Islands this year, while outright legalization bills have been introduced in 11 states and the dependency of Puerto Rico.

(This article does not review current medical marijuana legislation, which will be the subject of an additional report. In the meanwhile, our Medical Marijuana Update each week provides extensive info on legislation and other developments in the issue.)

Some of the legalization and decrim bills are dead already (see below), but others remain alive. While passage of a legalization bill this year remains a long shot, decriminalization bills in some states may fare better.

NORML founder, erstwhile executive director and current legal counsel Keith Stroup has been fighting for marijuana law reform for more than 40 years. It's never looked better, he said.

"I wasn't sure I'd live long enough to see this happening, even though the demographics are on our side," he said. "A lot of these legislatures, though, are still playing around with medical marijuana, when the truth is voters are ready to go much further, probably for decriminalization and maybe for legalization. But after we won Colorado and Washington, you can see the increased confidence a number of legislators have demonstrated, and there's only going to be more of that."

Karen O'Keefe is director of state policies for MPP. She hasn't been at it as long as Stroup, but she has a solid decade of reform efforts under her belt, and she, too, said things were definitely looking up.

"When I first started at MPP, I don't think a single state had a tax and regulate bill, and now we have 11 states, and probably Ohio coming on board, too, with tax and regulate. People are realizing it's a serious issue with majority support, and legislatures are starting to catch up," said O'Keefe.

"We first saw majority support in the Gallup poll a couple of years ago, but there wasn't nearly as much activity as this year," she said. "Having two states approve marijuana legalization with solid majorities made it seem real. Colorado and Washington were initiative states, and the first medical marijuana states were initiative states, too. Once the people have led the way, legislators begin to realize it's a popular issue that makes sense and they start to act on it."

Here's what's going on in the state legislatures (excerpted with edits from the aforementioned MPP web page), with further discussion following:

Marijuana Legalization Bills

Alabama -- House Bill 550, sponsored by Rep. Patricia Todd, would allow adults 21 and older to possess or grow limited amounts of marijuana. It would also allow a regulated and taxed marijuana industry, in addition to setting up a medical marijuana program. The bill was referred to the House Public Safety and Homeland Security Committee.

Hawaii -- Speaker Joe Souki introduced House Bill 150 and House Bill 699, which would have allowed the taxed and regulated sale of marijuana to adults 21 and older. Both bills would also have allowed adults to cultivate marijuana in a locked, secure facility. On February 12, the House Judiciary Committee deferred action on HB 699, killing the bill for the year. Because of legislative deadlines, the other tax-and-regulate bill also will not be able to advance in 2013, which is the first year of Hawaii's biennial legislative session.

Maine -- Rep. Diane Russell’s LD 1229 would allow adults 21 and older to possess and cultivate limited amounts of marijuana. It would also set up a system to license and regulate growers, infused product makers, retail stores, and labs. LD 1229 would impose a $50 per ounce tax on marijuana at the wholesale level. It was referred to the Committee on Criminal Justice and Public Safety on March 26.

Maryland -- House Bill 1453, sponsored by Del. Curt Anderson, would have provided for a taxed and regulated marijuana industry. It would have also allowed adults 21 years of age and older to possess and cultivate limited amounts of marijuana. HB 1453 was referred to the House Judiciary Committee, which heard testimony on the bill on March 19. The bill did not advance out of committee before the deadline to pass the House.

Massachusetts -- Rep. Ellen Story has sponsored House Bill 1632, which would allow adults 21 and older to possess and cultivate marijuana. It would allow a regulated, taxed marijuana industry once it is legal under federal law. HB 1632 was referred to the Joint Committee on Judiciary.

Nevada -- Assembly Bill 402, sponsored by Assemblyman Joe Hogan, would allow adults 21 and older to possess and cultivate limited amounts of marijuana. It would also create a taxed and regulated legal marijuana industry. AB 402 was referred to the Committee on Judiciary, but it did not advance before the deadline.

New Hampshire -- Rep. Steve Vaillancourt proposed House Bill 492, which would tax and regulate marijuana for adults’ use. It would also allow adults 21 and older to cultivate up to six plants. The Criminal Justice and Public Safety Committee retained HB 492, meaning it will study the issue this fall. In addition, Rep. Mark Warden introduced House Bill 337, which would have made marijuana legal without imposing regulations. HB 337 received 112 votes on March 13, including from 52 Republicans, but 239 representatives voted against the bill, so it is dead for the year.

New Mexico -- Sen. Gerald Ortiz y Pino introduced Senate Joint Memorial 31, which would have directed the state's Economic Development Department to study the budgetary implications of a legal marijuana industry. The legislative session ended without SJM 31 receiving a floor vote.

Oregon -- The House Committee on Revenue introduced House Bill 3371, which would allow persons 21 and older to grow and possess marijuana. It would also set up a system of taxation and regulation for the commercial production and sale of marijuana, similar to alcohol. The bill was referred to the House Committee on Judiciary, which approved the bill on April 2. The bill is now pending in the House Committee on Revenue.

Pennsylvania -- Senate Bill 528, sponsored by Sen. Daylin Leach, would regulate marijuana similarly to alcohol. It would allow adults 21 years of age or older to purchase, cultivate, and possess limited amounts of marijuana. On April 3, the bill was referred to the Senate Law and Justice Committee.

Puerto Rico -- Sen. Miguel Pereira has introduced a bill, Senate Bill 517, which would make it legal for adults 21 and older to possess marijuana but would not provide for regulated distribution or cultivation.

Rhode Island -- On February 6, Rep. Edith Ajello introduced House Bill 5274, the Marijuana Regulation, Control, and Taxation Act, which was referred to the House Judiciary Committee. The bill would tax and regulate marijuana sales for adults' use and would allow adults to cultivate up to three mature marijuana plants. Sen. Donna Nesselbush sponsors the Senate companion bill, Senate Bill 334. The bills are pending in the House and Senate judiciary committees.

Vermont --  Rep. Susan Davis’ House Bill 499 would have allowed adults 21 and older to possess up to two ounces of marijuana and to grow up to three plants. It would have required the Department of Liquor Control to regulate marijuana wholesalers, retailers, and labs and impose a $50 per ounce tax at the wholesale level. The bill did not advance before the crossover deadline. In addition, Sen. Jeanette White's Senate Bill 160 would create a Study Committee on the Regulation and Taxation of Marijuana, which would be a legislative committee that would study a process for licensing marijuana businesses along with a taxation and regulatory structure.

Decriminalization Bills (generally speaking, see the notes)

Hawaii --  Sen. Kalani English sponsored Senate Bill 472, which would punish possession of up to an ounce of marijuana with a civil fine, while Sen. Donovan De la Cruz sponsored Senate Bill 739, which would impose a civil fine of up to $100 for no more than an ounce of marijuana. The Senate unanimously approved SB 472 on March 5. Both bills are dead for the year, but they will carry over to the second year of the state's two-year session.

Illinois -- House Bill 2332 would have imposed a civil fine on possession of a tiny amount of marijuana -- 0.1 gram. It did not advance before the deadline.

Indiana -- Senate Bill 580, sponsored by Sen. Karen Tallian, would have made possession of less than two ounces of marijuana a class C infraction punishable by a fine only with no possibility of jail time. The bill, which was referred to the Senate Committee on Corrections and Criminal Law, would also have made other reforms to Indiana's marijuana laws, including allowing hemp. The bill did not advance before the crossover deadline.

Maryland -- Senate Bill 297, sponsored by Sen. Robert Zirkin, would have reduced the maximum penalty for possession up to 10 grams of marijuana to a $100 civil fine. The Senate approved the bill in a 30-16 vote on March 19, but it did not get a vote in the House Judiciary Committee before the legislature adjourned on April 8. Another bill sponsored by Sen. Zirkin -- Senate Bill 394 -- would have made the maximum fine for marijuana possession a $100 civil fine. That bill was withdrawn.

Michigan -- House Bill 4623, sponsored by Rep. Jeff Irwin, would replace possible jail time and criminal penalties with civil fines of $25, $50, or $100, depending on the number of prior convictions the person has for marijuana possession. The bill was introduced on April 24 and was referred to the House Committee on Judiciary.

Missouri -- Rep. Rory Ellinger has introduced House Bill 512, which would reduce the penalty for possession of less than 35 grams of marijuana from up to a year in prison to a fine of no more than $250 and a suspended sentence.

New Mexico -- House Bill 465, sponsored by Rep. Emily Kane, would have reduced the penalty for first offense possession of up to an ounce of marijuana to a $50 civil fine. A second offense would have been a petty misdemeanor carrying a $100 fine. It would have also imposed fines for up to eight ounces of marijuana. The bill passed the House, but the session ended before the Senate could vote on it.

New Hampshire -- Rep. Kyle Tasker proposed House Bill 621, which would impose a fine on simple possession of marijuana. On March 21, the House of Representatives amended the bill to apply only to a quarter of an ounce of marijuana and to impose a fine of up to $200. It then approved the bill in a 214-115 vote, sending it to the Senate. On April 16, the bill received a negative recommendation in the Senate Judiciary Committee.

New Jersey -- Senate Bill 1977, sponsored by Sen. Nicholas Scutari, would impose a $50 fine on up to 50 grams of marijuana (nearly two ounces). Assembly Bill 1465, sponsored by Assemblyman Reed Gusciora, was introduced in 2012 and passed the Assembly. The bill would impose civil fines starting at $150 on possession of up to 15 grams of marijuana. Both bills are pending in the Senate Judiciary Committee.

New York -- Senate Bill 3315 would eliminate the "public use" exception to the state's decriminalization law, a reform supported by Gov. Andrew Cuomo. [Note: Although New York decriminalized in the 1970s, New York City police have continued to arrest tens of thousands of people each year under the "public use" exception.]

North Carolina -- Rep. Rep. Kelly Alexander sponsors House Bill 637, which would downgrade the penalty for possession of a small amount of marijuana from a misdemeanor that does not carry jail time to a civil infraction.  [Note: This is a depenalization, not a decriminalization, bill.]

Northern Mariana Islands -- House Bill 18-42, sponsored by Rep. Christopher Leon Guerrero, would impose a $50 fine on marijuana possession in the U.S. territory.

Texas -- Rep. Harold Dutton, Jr. sponsors House Bill 184, which would make up to one ounce of marijuana a class C misdemeanor, punishable by a $500 fine. It was referred to the House Criminal Jurisprudence Committee, which approved an amended version of the bill on April 23. The bill would now only apply to persons under 21 for their first offense.

Vermont -- Senate Bill 48, sponsored by Sen. Joe Benning, and House Bill 200, sponsored by Rep. Chris Pearson, would impose a civil fine on possession of up to an ounce of marijuana. Under H. 200, a person under 21 who is found in possession of up to an ounce of marijuana would have to undergo substance abuse screening and possible treatment. On April 16, the House of Representatives approved H. 200 in a 92-49 vote, sending the bill to the Senate. Gov. Peter Shumlin has been a strong proponent of replacing criminal penalties with a civil fine.

As the lists demonstrate, some bills have died already, but others still breathe, and some could even pass this year.

"We're most involved in Vermont, and we're very hopeful the decriminalization bill there will pass before the legislature adjourns," said MPP's O'Keefe. "The bill is in the Senate, and the governor is supportive. That's probably the best chance for removing criminal penalties this year."

Passing a legalization bill could take a little longer, she said.

"Tax and regulate could end up taking a couple of years," said O'Keefe, "but the bills in Maine and Oregon are getting serious consideration, and Rhode Island legislators seem very reasonable. But we don't think it's likely to pass in Rhode Island this year, although we are hopeful in will in the next couple of years be one of the first states to pass it."

That it should take a year or two or three to get marijuana legalization passed in any given state legislature is no surprise, O'Keefe said.

"We've had a lot of bills that got a vote one year, but legislators needed more time to think and be educated," she pointed out. "In Illinois, the House twice voted down medical marijuana before passing it, and in New Hampshire tax and regulate has slowly been gaining more and more support. This isn't something legislators are used to, and in most cases it takes them awhile to get used to it."

For Stroup, using the initiative process in states that allow for it is the best bet, but he cautioned that the movement is going to have to be able to win victories at the statehouse, too.

"Any time we have the choice of going to the people, it's always in our interest to do so," he said. "We know increasingly from the public opinion surveys that if the people decide, we win. Elected officials remain more timid about this than the public -- they're really worried about getting reelected and less worried about reform legislation -- but realistically, we have to be able to win in the states that don't have initiatives."

When it comes to passing bills, though, Stroup drew a parallel with the first burst of decriminalization efforts in the 1970s. Oregon and Maine went for decriminalization early in the decade, but the other handful of states that decriminalized in that era only came in at the end of the decade.

"When we won those first couple of states in the 1970s, we thought we were off and running, but the other states were all waiting to see what would happen, so we didn't win anything for a couple of years," he recalled. "I think we're in the same phase now when it comes to legalization. I have no doubt we will eventually win full legalization everywhere, but for the next couple of years, people in Colorado and Washington are going to have to be especially careful that they are demonstrating responsible use."

Cannabis culture celebrations like 4/20 have their place, said Stroup, but the rest of the time, it should be about responsible use.

"That's not the tactic we need the rest of the year," he said. "We want to demonstrate to the average person that nothing really changes when you legalize marijuana except you quit arresting responsible marijuana smokers and raise some revenue. What we don't want is a bunch of out-of-control pot smokers driving crazy -- that will scare neighboring states and cause a political backlash," the veteran activist warned.

"A backlash because of bad behavior won't stop us -- the demographics are on our side -- but whether it takes five years or 15 depends to some degree on how well we behave ourselves. We may see decriminalization pass somewhere, but I don't think we'll win legalization this year. I think before that passes in state legislatures, those lawmakers need to see that what Colorado and Washington did was a good thing."

The process of turning legalization victories at the voting booth into actual taxed, regulated, and legal commerce in Colorado and Washington is a process in progress in both states right now. By next year, those two states should be living experiments in marijuana legalization. Doing it right there will make it easier to get it done elsewhere. If not this year, next year. Or 2016.

A bill that would have required Hoosier State welfare recipients to undergo drug testing based on a "reasonable suspicion" of drug use was killed Friday after the state Senate refused to act on it. The bill had already passed the House, but died when Senate and House negotiators could not agree on what to do about payments to children whose parents had tested positive for drugs.

The bill, House Bill 1483, would have required the Department of Family and Social Services to create a drug abuse assessment program for welfare recipients, with those whose screenings indicated a likelihood of drug use subject to drug testing. People who tested positive would not be immediately subject to loss of benefits, but would have to successfully pass two consecutive drug tests within 40 to 60 days to continue receiving benefits. If the person does not provide two clean drug tests within four months, he or she would lose benefits for three months. After three months, the individual could again apply for benefits, but would have to pass a drug test.

As with other states seeking to avoid constitutional challenges by using the "reasonable suspicion" standard instead of mandatory, suspicionless drug testing, Indiana legislators used an expansive definition of the term. "Reasonable suspicion" could be derived from having a prior drug conviction, the results of the drug screening inventory, or having failed a previous drug test.

While legislators in both houses agreed on the desirability of subjecting welfare recipients to drug testing, the differed on a provision allowing welfare benefits to be provided to a third party to ensure that children did lose their support. The Senate had approved an amendment to the House version of the bill providing for third party payments, but the final version of the bill crafted by House and Senate negotiators did not include that language, and the Senate then refused to give it a final vote.

The bill's goal was to help families with drug-using parents "and at the same time not punish the children," said Senate President Pro Tem David Long (R-Fort Wayne). "You can turn yourself into a pretzel trying to do the right thing. We didn't feel it was ready."

Public benefits drug testing bills remain alive in several states this year, including Alabama, North Carolina, and Texas.

The first dispensary in Phoenix has opened, dispensaries in Washington, DC, are ready to go, and there has been more federal enforcement activity in California. Let's get to it:

Arizona

On Saturday, the first licensed dispensary in Phoenix opened its doors, but it couldn't serve any customers because an Arizona Department of Health Services computer server was shut down, affecting all the state's dispensaries. The Bloom Sky Train dispensary rescheduled its official grand opening to Wednesday. It will serve some of the state's 35,000 medical marijuana card holders.

California

Last Thursday, federal prosecutors moved against 63 dispensaries in Santa Ana. Prosecutors filed three asset forfeiture lawsuits against properties where seven dispensaries are operating and raided two of the stores involved. Also, prosecutors send threat letters to people associated with 56 other dispensaries. That is every known dispensary in the city. The Santa Ana Police and Santa Ana City Attorney's Office cooperated with the feds.

Also last Thursday, San Diego Mayor Filner published his proposed dispensary ordinance.The proposal is based on the recommendations of the medical marijuana taskforce, organized by City Council President Todd Gloria in 2010. It allows medical cannabis dispensaries to exist in designated commercial and industrial areas of the city with large buffers from sensitive areas, including a 600 foot buffer from schools and parks and a 1,000 foot buffer between dispensaries. The proposal also contains additional strict operating requirements including security systems, restriction on hours of operations and signage.  

On Monday, the San Diego city council rejected Mayor Filner's proposed ordinance. Instead, the council voted to reintroduce a more restrictive zoning proposal overturned by a voter signature drive in 2011. The decision came after the council heard hours of testimony, with most speakers favoring the mayor's proposal. But Councilmember Marti Emeral put forth a motion to disregard the mayor’s proposal without any discussion of its provisions and to instead resurrect the proposal put forth by the council, and repealed through voter referendum, in 2011. That measure passed the council.   

On Tuesday, the DEA and a local drug task force raided the last dispensary in San Diego and nine associated grow sites. Raided was the One on One Patients Association, whose director, Ken Cole, had testified the previous night at the city council's hearing on the mayor's proposed dispensary ordinance. No arrests were made, but marijuana and other items were seized. Cole is also the director of the area dispensary industry group, the United Patients Alliance.

Also on Tuesday, a medical marijuana regulation bill was approved by a legislative committee. Sponsored by Assemblyman Tom Ammiano (D-San Francisco), Assembly Bill 473 would create a medical marijuana regulation division in the Department of Alcoholic Beverage Control to "regulate the cultivation, manufacture, testing, transportation, distribution, and sale of medical marijuana" on a statewide basis. The measure passed the Assembly Public Safety Committee, which is chaired by Ammiano.

Also on Tuesday, Tulare County supervisors extended their ban on new dispensaries or the expansion of existing for another two years. An existing ban was set to expire next week, and officials said the ban was needed because of constantly changing laws, regulations, court rulings and lawsuits. The county said the changing legal landscape for medical marijuana makes it difficult to license new facilities. The ordinance only bans new facilities or the expansion of those already in existence. Those currently operating will not be forced to close.

On Wednesday, the DEA raided two San Diego area hydroponics stores. Local activists reported that the targets were Miramar Hydroponics in San Diego and Santee Hydroponics in Santee. No word yet of what was seized or whether anyone was arrested.

Connecticut

On Monday, a hearing on proposed medical marijuana regulations drew a standing room only crowd at the Department of Consumer Protection. Crowd members voiced concerns about the regulations' potential effect on lawful marijuana producers and distributors. The two most frequent concerns among the business community came in response to proposed requirements for escrow accounts and brand naming. The regulations stipulate that marijuana producers establish a $2 million escrow account or line of credit which the state could seize if the producer failed to maintain a timely and successful operation. Drug abuse activists on hand at the public hearing expressed their own concerns about the regulation, mostly related to the possible diversion of medical marijuana for recreational use and advertisements targeting youth. The Department of Consumer Protection is expected to submit the final regulations to the General Assembly by July.

District of Columbia

On Tuesday, the Capital City Care dispensary announced it had received its business license. Dispensary operators said they would begin serving patients "as soon as possible," but they have to wait for the DC Department of Health to begin its patient registration process. Two other DC dispensaries, Takoma Wellness Center and the Metropolitan Wellness Center, are also waiting to accept patients. It's only been 15 years since DC voters approved medical marijuana in a 1998 initiative.

Rhode Island

Last Friday, the state's first dispensary opened. The Thomas C. Slater Compassion Center opened in Providence. At least two more are slated to open in coming months.

Access to medical marijuana continues to expand as more and more states embrace the healing power of the herb. At the same time, hundreds of thousands of veterans of America's decade of wars are returning home burdened with Post Traumatic Stress Disorder (PTSD), a condition as old as war itself, but that in years past went either unrecognized or was seen as a soldier's personal failure, his "shell shock" or "battle fatigue." Could medical marijuana help?

Scott Murphy of Newton, Massachusetts, is an Iraq combat veteran who uses medical marijuana for chronic pain. "I use medical cannabis for chronic pain from a motorcycle accident that was aggravated by my military service," Murphy said. "I had a severe accident when I was 18, I have a rod in my femur and four plates in my hip. The pain is to the point where it is affecting my walk."

But Murphy also wants to ensure that his state's new medical marijuana law provides for access to the plant for PTSD. A man Murphy described as his "best friend," a fellow veteran, committed suicide at age 22 after being kicked out of the Army for misconduct related to his mental issues rather than being given a medical discharge as promised.

"He had been showing signs of PTSD," Murphy recalled. "He was a good soldier, but when he got back from his second deployment he was having problems. When they kicked him out of the Army, he went home and killed himself."

Amid increasing evidence that medical marijuana can have a beneficial impact in helping people cope with PTSD, the push is on to expand access to the healing herb. Murphy spent Monday morning testifying at a public hearing on draft regulations for the Massachusetts medical marijuana program. Although voters voted for the initiative that listed specific qualifying conditions -- not including PTSD -- as well as "and other" conditions, state regulators are considering changing that to "and other debilitating" conditions, a change that Murphy and others fear could limit access to medical marijuana for PTSD patients.

In some medical marijuana states, adding PTSD requires going through a medical marijuana regulatory commission; in others, it is being pushed through the legislature. In Oregon, for example, Senate Bill 281, which would add PTSD to the list of treatable conditions, was approved by the state Senate last Thursday, and now moves to the House. In Michigan, by contrast, hearings on PTSD and medical marijuana were held recently by Michigan's Advisory Committee on Medical Marijuana (ACMM).

State legislatures are proving to be an easier path than unelected medical marijuana overseers, said activists. "There have been a number of states that have tried to petition to get it added to the list that have so far failed," said Kris Hermes, media liaison for Americans for Safe Access.

Air Force veteran Michael Krawitz of Veterans for Medical Cannabis Access (VCMA) and a plaintiff in Americans for Safe Access v. Drug Enforcement Agency, a case which seeks to see marijuana moved out of the Controlled Substance Act's Schedule I, agreed. "That Oregon effort is moving in the legislature because the state oversight panel was so intractable," said Krawitz, who was deeply involved in the effort there. "Any time we've had to go through the process provided by the state to address expanding access to medical marijuana, we've had trouble. Michigan is another example. There, there was a petition to add PTSD, but there was no actual process to do so. They were essentially keeping the process from moving forward until [vaunted Michigan marijuana attorney] Matt Abel sued them. Now, we have hearings before the advisory committee."

The need to do something for veterans is a major impetus behind the push, but PTSD effects lots of people who aren't veterans as well. "It isn't just veterans who suffer from PTSD," Krawitz said. "At that hearing, there were many veterans, but also other people who had suffered trauma -- child abuse survivors, rape survivors, emergency response workers."

Still, veterans mustering out after more than a decade of US wars in Iraq and Afghanistan are coming home with PTSD in record numbers. A 2004 study in the New England Journal of Medicine estimated that 18% of returning Iraq combat veterans had PTSD. And a 2008 RAND Corporation report estimated that up to 225,000 veterans will return from the wars with PTSD.

The trauma of war is reflected not only in the number of vets suffering from PTSD, but even more ominously, in sky-high suicide rates. US military veterans are committing suicide at a rate of 22 per day, up 20% from just five years ago. And according to a Veterans Administration study released in February, that number almost certainly undercounts the number of veteran suicides because of data limitations.

The military and public health workers are keenly aware of the problem, and are attempting to address it through means both conventional and unconventional. The military and the Veterans Administration have been open to therapeutic interventions including yoga, meditation, and the use of companion dogs; they have also armed themselves with the arsenal of psychotherapeutic drugs -- anti-depressants, anti-psychotics, tranquilizers -- available in the standard pharmacopeia. But those drugs can have some nasty side effects, and their utility in treating PTSD is questionable; noting reports of negative consequences, the Army has warned against over reliance on them.

In the search for succor, more and more vets and other victims of PTSD are turning to medical marijuana. But there is a problem. Not only do a majority of states not recognize medical marijuana, even in those states that do, many of them do not allow its use for PTSD. Despite mounting evidence that medical marijuana can help with PTSD, only a handful of medical marijuana states have approved its used. According to Americans for Safe Access, only California, Connecticut, Delaware, New Mexico and Massachusetts would allow for its use for PTSD, and as we have seen above, it's still up in the air in the Bay State.

"As we find more and more people, especially veterans, benefiting from its use, we see the unfortunate absence of availability for patients across the country," said ASA's Hermes, "It's only approved in five states; that means well below half the medical marijuana states recognize the need for patients to use it for PTSD."

Americans for Safe Access supports expanded access to medical marijuana for PTSD, according to Hermes. "We wholeheartedly support the efforts to petition where patients can do so to get PTSD added to the list of conditions, and we're also pushing for recognition inside the Veterans Administration, but that's an uphill slog," he said.

And it isn't only PTSD treatment that's at stake for veterans. "I'm not only pushing for chronic pain and PTSD, but other stress-related combat issues, and that language is one of the things I asked [the Massachusetts Department of Public Health] to clarify today," Murphy said in an interview following the hearing. "Does their definition of 'debilitating' include PTSD? If they're going to use a broad definition of 'debilitating' so that it covers the full spectrum of vets' injuries, that would be one thing. But it's unclear if PTSD or other mental conditions will be covered. I think we should leave the wording with "and other" -- that's what the voters voted on. I don't think we should have to wait until someone's PTSD is so bad it's life-limiting to be able to get access."

Massachusetts regulators were supposed to have their draft regulations ready by May 5, but in the wake of the Boston bombings, that is now up in the air.

Part of the problem with winning acceptance of using medical marijuana for treatment of PTSD is the relative paucity of clinical studies on its safety and efficacy. When the state of Arizona considered adding PTSD to its list of qualifying conditions, researchers hired by the Department of Human Services found very little of use in their review of the literature.

But studies do exist. Krawitz and Veterans for Medical Cannabis Access compiled an impressive set of studies suggesting marijuana is safe and effective in treating PTSD and anxiety for Michigan regulators. (They are downloadable as submitted at the following links: Packet 1, part 1 of 3, Packet 1, part 2 of 3, Packet 1, part 3 of 3, Packet 2, Packet 3). That same packet also went out to New Mexico, where an effort to remove PTSD from the list of treatable ailments was foiled, and to Oregon, where the PTSD bill moved forward this week.

"While we don't have a lot of studies titled 'PTSD Response to Cannabis Therapy,' we do have a preponderance of evidence that shows cannabis works in various ways, including for symptoms of PTSD," said Krawitz.

One important reason the hard science officials would like to see on the efficacy and safety of marijuana for PTSD is federal government obstructionism. The Multidisciplinary Association for Psychedelic Studies (MAPS), for instance, has been attempting for years to win approval for its study of PTSD and medical marijuana. But it's still waiting and still patiently trying to satisfy the endless niggling of the National Institute on Drug Abuse and the Department of Health and Human Services. The DEA and the courts haven't helped either -- the agency in 2011 denied a request by UMass scientist Dr. Lyle Craker to grow marijuana for research purposes, disregarding its own administrative law judge's recommendation to approve it, and a court last week sided with DEA.

Nevertheless, anecdotal evidence on marijuana treatment for PTSD is helping to move the issue forward. The site ProCon.org, which features a major section devoted to medical marijuana, has posted several readers' comments on the subject:

"I had severe reservations about 'smoking pot.' It is illegal and I am a health care professional," one anonymous commenter wrote. "Still, I wanted to feel better, to be myself again, and to be the person I was before the PTSD. I smoked the pot. Immediately I felt relaxed and calm. I smiled and laughed. I finally felt at peace for the first time in two years. I slept my first night in three years without the sleep medication. The next day I felt refreshed and renewed. I had hope again. My son told me that he was so happy to see the old me again."

 

"I was shot thru the right sub and supra orbital sections of the right side of my head exiting over my right ear. They rebuilt 1/4 of my skull," wrote another commenter. "Epilepsy, PTSD, and other issues such as severe anxiety, constant pain and depression... I am still alive because I smoke [marijuana] every day. Empirical evidence has proven to me that failure to utilize generally causes a seizure and at minimum I get really aggressive... I will not live on narcotics. Ibuprofen or aspirin all have side effects worse than any temporary pain. Replacement liver from the damage of man-made drugs? No thanks."

In the meanwhile, veterans and others continue to suffer from PTSD and continue to use marijuana for relief. In states that do not have medical marijuana laws, that makes them criminals. In states that do have medical marijuana laws, but don't allow it to be used for PTSD, they are criminals, too -- unless they hide what they're actually using it for.

"These state medical marijuana control boards are willing to allow vets to have it for pain, but not PTSD, so in states like Arizona, vets suffering from PTSD are using a pain diagnosis to be legal under state law, and that's problematic. We're trying to get people suffering from PTSD to actually come in and get help, and it's difficult because there's a lot of stigma around it. What are we telling our soldiers when we tell them 'tell the doc you have pain, don't say you have PTSD'"? Krawitz asked. "What are we saying about the validity of their condition?"

That leads to other problems, too Krawitz said.

"When we can't recommend medical marijuana for PTSD, we're pushing people to use chronic pain as a qualifying condition, and that leads to police and prosecutors seeing all those pain recommendations and saying there must be fraud in the system," he said. "There are a lot of patients who would otherwise have had recommendations for PTSD."

PTSD sufferers are not waiting for peer-reviewed, clinically-controlled studies to tell them what works. PTSD is a real and growing problem, and medical marijuana appears to do some good. The scientific studies that would satisfy legislators and state review boards need to be done, and that is happening, albeit too slowly, but in the meanwhile, people are suffering because the government they served at risk to life and limb is now obstructing the research that would legitimize their treatment.