Medical Marijuana Update

The California legislature is still trying to pass a medical marijuana regulation bill, the ground looks fertile for another initiative in Arkansas, a Michigan bureaucrat overrides his advisory panel and refuses to allow PTSD as a qualifying condition, and more.

On August 28, an appeals court upheld Bakersfield's dispensary ban ordinance. The Fifth Appellate District Court in Fresno agreed with a lower court that the ban did not violate the state Environmental Quality Act because the city did not change existing zoning laws and thus was exempt from the act. Attorneys for Bakersfield said they were already going after existing dispensaries through civil actions and may now seek preliminary injunctions as well. There are an estimated 44 dispensaries in the city.

On August 30, a medical marijuana regulation bill was gutted, but was still alive. A measure aimed at bringing the state's medical marijuana industry into an era of statewide regulation passed out of the Senate Appropriations Committee that Thursday, but there was nothing in the version of the bill approved by the committee. Assembly Bill 266 was gutted and now simply reads: "It is the intention of the state legislature to regulate medical marijuana." It appears the move is designed to make room for input from the office of Gov. Jerry Brown (D), which has now submitted its language. The governor's language largely mirrors earlier language and would set up a tightly regulated system. The legislature has until next month to get the bill passed.

Arkansas

On Wednesday, a new Arkansas poll had support for medical marijuana at 84%. A new Talk Business & Politics poll shows very strong support for medical marijuana in the state. More than half (56%) strongly agreed that adults should be able to use marijuana with a doctor's prescription, with another 28% somewhat agreeing. Only 14% disagreed. A medical marijuana initiative barely failed there in 2012, winning 48.5% of the vote. That initiative included a provision for home grows, but this poll found a slight majority opposing home grows. Support for outright legalization was much lower, at 42%.

Michigan

On August 30, the state rejected medical marijuana for autism. Although an advisory panel recommended allowing medical marijuana for autism, Mike Zimmer, the director of the Department of Licensing and Regulatory Affairs, said Thursday he was rejecting that recommendation. Zimmer said there was not sufficient research and he questioned whether cannabis oil is even allowed under the state's medical marijuana law. Advocates said he was mistaken in his reading of the law, and said they were frustrated with the decision.

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