Medical Marijuana Update

Mississippi is moving toward a legislative special session to implement medical marijuana, Connecticut patients are now able to grow their own medicine, and more.

Marijuana Researchers Ask 9th Circuit Court of Appeals to Reconsider Failed Classification Appeal. Researchers and veterans seeking to see marijuana federally reclassified have asked the US 9th Circuit Court of Appeals to reconsider its dismissal of their petition last month. A three-judge panel in August held that plaintiffs Dr. Sue Sisley and the Scottsdale Institute had not yet exhausted all administrative options to get the DEA to reschedule marijuana. But the plaintiffs argue that controlling Supreme Court precedent holds that federal judges cannot force litigants to pursue all administrative appeal avenues before turning to the courts for redress. The case is Suzanne Sisley et al. v. U.S. Drug Enforcement Administration et al., case number 20-71433.

Connecticut

Connecticut Patients Will Be Able to Grow Their Own Beginning This Week. As of this coming Friday, medical marijuana patients will be able to grow their own medicine at home as a provision of the state's marijuana legalization law goes into effect. That legalization law also drops the requirement that patients designate a dispensary for their purchases and sets up a committee of physicians to decide a variety of issues related to medical marijuana. Now (or very shortly), patients will be able to grow up three mature and three immature plants at home, with a maximum of 12 plants per household. People who are not registered patients will have to wait for 2023 to be able to grow their own personal use pot.

Mississippi

Mississippi Lawmakers Say They Have Agreement on Medical Marijuana Program, Will Ask Governor to Call Special Session to Enact It. House and Senate negotiators said Thursday they have agreed on a proposed medical marijuana program and are now expected to ask Gov. Tate Reeves (R) to call a legislative special session to pass it. Voters had approved a medical marijuana initiative last November, but the state Supreme Court invalidated it on technical grounds (the state constitution requires signature-gathering in all five congressional districts, but the state has only had four districts since 2000). The legislative proposal is more restrictive than the initiative approved by voters, allowing local governments a veto over medical marijuana operations. Because the bill includes tax provisions, it will need a three-fifths majority to pass, but legislative leaders say they are confident they have the votes.