Medical Marijuana Update

Oklahoma continues to grapple with its new medical marijuana program, Utah foes try a novel strategy to block a medical marijuana initiative, and more.

Louisiana Regulators Weight Raising Limit on Number of Patients Doctors Can Treat. The state Board of Medical Examiners is set to boost the number of medical marijuana patients a single doctor can treat. The board set a limit of 100 patients per doctor in 2016, but Vincent Culotta, the board's executive director, said the limit will be raised at the board's meeting next month. "We realize we're going to have to increase that number," he said.

New Jersey

New Jersey Business Can Drug Test Medical Marijuana Patient, Federal Court Rules. A federal district court judge has ruled that a New Jersey business does not have to waive its requirement for mandatory drug testing to accommodate a worker who uses medical marijuana. The worker had sued the company after it wouldn't allow him to return to work unless he submitted to drug testing. "New Jersey law does not require private employers to waive drug tests for users of medical marijuana," Judge Robert Kugler wrote in his decision. He also noted that "unless expressly provided for by statute, most courts have concluded that the decriminalization of medical marijuana does not shield employees from adverse employment actions."

Oklahoma

Oklahoma Medical Marijuana Constitutional Amendment Initiative Fails to Make Ballot. An initiative that would have put the right to use medical marijuana in the state constitution will not appear on the November ballot. That initiative, State Question796, came up short on signatures. It needed more than 123,000 valid voter signatures but came up with only 95,000 raw signatures. Voters in Oklahoma approved a statutory medical marijuana initiative earlier this year.

Oklahoma Medical Marijuana Groups Agree on Proposed Bill. Advocates led by New Health Solutions have crafted a 202-page bill designed to get the state's nascent, voter-approved medical marijuana law up and running. The bill would postpone any limits on the number of business license holders for two years and eliminates a requirement that the state investigate proposed medical marijuana businesses and their backers before issuing licenses. It also lets residential landlords charge a $250 fee for marijuana use on their property, removes state restrictions on gun ownership with a medical marijuana license and would also protect employees working in infrastructure operations and maintenance who want to obtain a license. Advocates say the legislature needs to return in special session to iron out last-minute hitches and avoid delays in implementing the program. The Department of Health is supposed to begin accepting license applications on Friday.

Oklahoma Judge Rules Implementation of Medical Marijuana Rules Can Proceed. Cleveland County District Court Judge Michael Tupper ruled Tuesday that the Board of Health can proceed with implementing the state's medical marijuana rules and regulations. He ruled against a lawsuit by more than a dozen Oklahoma patients and businesses who challenged the rules. The decision Tuesday does not end the case. The judge could still throw out some or all the challenged rules at a later date or choose to leave them alone again. Another legal challenge is still pending in Oklahoma County District Court.

Utah

Utah Medical Marijuana Foes Try Hail Mary Court Challenge to Block Initiative. Opponents of the Proposition 2 medical marijuana initiative filed a lawsuit in state court last Wednesday seeking to remove the measure from the ballot. The opponents claim the initiative would tread on their freedom of religion because it violates the religious beliefs of a Mormon foe. "In the United States of America, members of all religions, including the Church of Jesus Christ of Latter Day Saints have a constitutional right to exercise their religious beliefs," the complaint reads. "This includes the right not to consort with, be around, or do business with people engaging in activities which their religion finds repugnant." Proponents of the initiative called the move "a wacky attempt" by foes to derail medical marijuana.

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