Federal Appeals Court Upholds Pot Smoker's Gun Rights, Ukraine Regulators Reject MedMJ for PTSD, More... (8/30/24)

Arkansas campaigners for an initiative to expand the state's medical marijuana program handed in a second batch of signatures in a bid to make the November ballot, and more.

Marijuana Policy

Federal Appeals Court Sides with Pot Smoker in Gun Charge Appeal. The US 5th Circuit Court of Appeals has held that a Texas woman charged with violating federal firearms laws because she admitted to having used marijuana should not face those charges.

The decision does not broadly invalidate gun restrictions on marijuana users, but the court had to decide the case under recent Supreme Court precedent, which requires that cases be adjudicated on the basis of whether the law "is consistent with our history and tradition of firearms regulation."

The appeals court found that history and tradition may support "some limits on a presently intoxicated person's right to carry a weapon," but not "disarming a sober person based solely on past substance usage." The court thus upheld the woman's right to possess a firearm, but did not invalidate the Texas law under which she was charged. The court accepted her "as applied" challenge, but not her "facial" challenge, which would have invalidated the law.

"Just as there is no historical justification for disarming citizens of sound mind, there is no historical justification for disarming a sober citizen not presently under an impairing influence," Judge Kurt Engelhardt wrote for the panel. The Trump appointee was joined by Judges Jerry Smith and Irma Carrillo Ramirez, who are Reagan and Biden appointees, respectively.

Medical Marijuana

Arkansas Medical Marijuana Campaigners Hand in Signatures in Last-Ditch Bid to Qualify for November Ballot. Arkansans for Patient Access has handed in nearly 38,000 raw signatures in a last-ditch bid to come up with some 13,000 valid voter signatures to qualify the Arkansas Medical Cannabis Amendment for the November ballot. The group had handed in 108,000 raw signatures a month ago and needed 90,704 valid voter signatures to qualify but came up short. However, the group reached a signature threshold allowing it 30 additional days to come up with signatures, and now it hopes it has done so.

The initiative would enlarge a 2016 medical marijuana initiative approved by the voters. It would expand the range of healthcare professionals who could recommend medical marijuana, expand the definition of qualifying conditions, make medical marijuana ID cards good for three years, allow reciprocity for out-of-state cardholders, and allow patients to grow their own medicine -- up to 14 plants, seven of which could be mature.

"We are excited to move one step closer to having the amendment certified," committee member Bill Paschall said in the news release. "People across the state have enthusiastically signed petitions and told us they are excited to vote for an amendment that will expand patient access and lower the cost of obtaining and keeping a patient card."

International

Ukraine Will Not Allow Medical Marijuana for PTSD. The Ukrainian Commission on Narcotic Drugs, the entity responsible for determining what conditions qualify for medical marijuana under the country's new law, has rejected including Post-Traumatic Stress Disorder (PTSD), saying there is not enough conclusive evidence to justify its inclusion.

The commission is now being criticized for being overly cautious about PTSD with the country now in the third year of a defensive war against Russia, with one observer saying it "reflects a disconnect between regulatory caution and the urgent realities of mental health in a war-torn country."

"Excluding PTSD from Ukraine's medical cannabis program not only denies patients access to a potentially effective treatment but also fails to address the urgent mental health needs created by the ongoing conflict. The decision to omit PTSD appears to be more about regulatory caution than about responding to the real-world needs of Ukrainian citizens," wrote Paul North.

Incorporating PTSD into the list of qualifying conditions for medical cannabis in "Ukraine is not just about following international trends -- it's about recognizing the specific needs of a population that has been deeply affected by war. The government's current stance does not adequately reflect the realities on the ground, where many are struggling with the mental health consequences of prolonged conflict."