Medical Marijuana Update

Busy, busy. There's action at statehouses all over the place, plus Ohio regulators okay three new qualifying conditions, and more.

Alabama Becomes Newest Medical Marijuana State. With the signature of Gov. Kay Ivey (R) on Senate Bill 46, medical marijuana is now set to become legal in the state. The new law allows the use of medical marijuana for a set of specified medical conditions and creates the Alabama Medical Cannabis Commission to oversee how marijuana is grown.

Kansas

Kansas Medical Marijuana Bill Wins Committee Vote. A medical marijuana bill, House Substitute for Senate Bill 158, has been approved by the House Federal and State Affairs Committee after it approved several amendments. This is the second time the committee has approved the reform proposal for this session. But in March, the House sent the bill back to the committee for further consideration.

Minnesota

Minnesota Legislature Approves Medical Marijuana Expansion, Smokable Marijuana. On the final day of the legislative session, lawmakers approved a bill that will expand the state's medical marijuana program by allowing patients to smoke the buds of the dried plant. The bill now heads to the desk of Gov. Tim Walz (D).

Mississippi

Mississippi Supreme Court Voids Voter-Approved Medical Marijuana Law. The state Supreme Court last Friday threw out a voter-approved medical marijuana initiative, ruling that it did not meet the state's requirement that 20% of signatures come from each of five congressional districts. The problem is that the state has only had four congressional districts since the 2000 census, and legislative efforts to redress the issue have yet to succeed. Three justices strongly dissented, saying that the secretary of state has rightfully put the measure on the ballot. "The Mississippi Supreme Court just overturned the will of the people of Mississippi," Ken Newburger, executive director for the Mississippi Medical Marijuana Association, said in a statement. "The Court ignored existing case law and prior decisions. Their reasoning ignores the intent of the constitution and takes away people’s constitutional right. It’s a sad day for Mississippi when the Supreme Court communicates to a vast majority of the voters that their vote doesn’t matter."

Mississippi Lawmakers Ponder Special Session on Initiative, Medical Marijuana in Wake of Supreme Court Ruling. A day after the state Supreme Court invalidated a voter-approved medical marijuana initiative because of an unfixed flaw in the state's initiative law, some lawmakers are calling on Gov. Tate Reeves (R) to call a special session to fix the initiative process, while others want a special session to craft a medical marijuana bill. The governor says he's thinking about it.

Nebraska

Nebraska Medical Marijuana Bill Killed, Setting Stage for New Initiative. A bill to legalize and regulate medical marijuana, LB 474, was killed in the legislature last Wednesday night. That sets the stage for another drive for a medical marijuana initiative, which is likely to be less restrictive than the bill that just died. The bill died when supporters were unable to go up with enough votes to stop a filibuster by opponents.

Nebraska Activists Relaunch Medical Marijuana Initiative After Legislature Blocks Bill. After medical marijuana foes in the legislature filibustered and killed a bill there on Wednesday, activists aren't wasting a minute in relaunching a campaign to put the issue before voters next year. State Sen. Anna Wishart (D-Lincoln), who led the legislative effort, took to Twitter Thursday to urge supporters to go to a website to volunteer and/or sign the petition.

Ohio

Ohio Medical Marijuana Panel Approves Three New Qualifying Conditions. A panel of the Ohio Medical Board has added three new qualifying conditions allowing state residents to use medical marijuana: arthritis, chronic migraines and complex regional pain syndrome, all of which fall into the existing category of chronic or intractable pain.

South Carolina

South Carolina Medical Marijuana Bill Killed. A medical marijuana bill, Senate Bill 150/ House Bill 3361, has died as the legislative session came to an end last Friday. "Quite frankly, I thought this was the year of medical marijuana, which I think has great public support," said Senate Minority Leader Brad Hutto. "That will be at the top of the agenda when we come back."

South Dakota

South Dakota Board Okays Medical Marijuana on School Grounds. The state Board of Education Standards has approved a policy that allows adults to give medical marijuana to children for whom doctors have recommended it. Only a "registered caregiver" can administer it, and it must only be in non-smokable form.

West Virginia

West Virginia Regulators Considers Allowing Patients to Grow Their Own. The West Virginia Medical Cannabis Advisory Board is considering a possible recommendation to allow state medical marijuana patients to grow their own plants. Patient advocates cited the cost of buying medical marijuana dispensaries and obstacles to access for residents who do not live near dispensaries. A decision will come some weeks down the road.