Medical Marijuana Update

We could see a congressional vote on barring the feds from interfering in medical marijuana states this week, California stays contentious, the New York Assembly passes a medical marijuana bill (again), and more. Let's get to it:

As early as Thursday, Congress will vote on banning the DEA and Justice Department from interfering in medical marijuana states. The House could vote as early as Thursday on the Rohrabacher-Farr amendment, which would ban the Justice Department and its agencies, including the DEA, from using federal taxpayer funds to interfere with state medical marijuana laws. The time to contact your representatives is now. Click on the link for more information.

California

Last Thursday, Santa Monica medical marijuana opponents announced an initiative campaign to regulate dispensaries there. The city has a proposed zoning ordinance that would allow for two dispensaries, but initiative proponents want to "have medicinal collectives operate with reasonable regulation that mirror those put forward by the League of California Cities and California Police Chiefs Association" in pending Senate Bill 1262, which would put the state in charge of licensing dispensaries. The council voted last month not to endorse that bill.

Also last Thursday, Bakersfield officials sent letters to five dispensaries demanding they shut down within 30 days. The city council banned dispensaries last July and won a court challenge to that ban last month. The city said it selected dispensaries that had complaints from neighbors. City officials say there are 21 dispensaries operating in the city and that they plan to move against the others, too.

On Tuesday, the ACLU of Northern California sued Fresno city and county over total bans on marijuana cultivation. "The bans are at odds with state law enacted by the voters of California," the ACLU said. The lawsuit charges that the Fresno ordinances are invalid because they are preempted by the state's medical marijuana laws. Read the ACLU complaint here.

Also on Tuesday, the Desert Hot Springs city council voted unanimously to allow dispensaries and ordered city staff to come up with draft regulations by June 5. Palm Springs is currently the only city in Riverside County to allow dispensaries. Members agreed in general that a tax should be collected and that the number of dispensaries should be limited.

New Mexico

Last Thursday, medical marijuana advocates launched a campaign to force a rewrite of proposed new rules. The state Health Department released proposed rule changes a week earlier that advocates say will make access to medical marijuana more difficult. The Don't Take Away My Medicine campaign is being led by the New Mexico Medical Cannabis Patient's Alliance, the South East New Mexico Medical Cannabis Alliance, and the Drug Policy Alliance. Click on the title link for more details.

New York

On Tuesday, the Assembly passed a comprehensive medical marijuana bill. It approved Assembly Bill 6357 by a margin of 91-34. This is the fifth time the Assembly has passed a medical marijuana bill, only to see them die in the Senate. The Senate version of the bill, Senate Bill 4406, has already passed the Senate Health Committee and now awaits consideration in the Senate Finance Committee. The chairman of that committee said he would allow it to come to a vote -- if the Senate leadership agrees.

North Carolina

Last Thursday, a bill calling for a referendum on medical marijuana was filed. Rep. Kelly Alexander (D-Mecklenburg) has filed House Bill 1161, which, if approved, would put a referendum on the November ballot asking voters to legalize the use and cultivation of marijuana to treat specified medical conditions. Alexander had filed a medical marijuana bill last year, but it went nowhere in the legislature. The new bill would have to get super-majorities in both chambers of the legislature before it could go to the voters.

On Tuesday, a limited CBD medical marijuana bill was filed. Rep. Pat McElraft (R-Carteret County) Tuesday filed a bill to allow for the use of high-CBD cannabis oil for people suffering "intractable seizures." The measure is House Bill 1220.

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