OK Appeals Court Rules MedMJ-Using Pregnant Women Can't Be Charged with Child Neglect, Drug Czar Honors Interdiction Efforts, More... (7/19/24)

Delaware's governor signs a bill letting medical marijuana dispensaries jump-start the adult-use market, New Hampshire's governor signs a bill adding anxiety disorder to the state's list of qualifying medical marijuana conditions, and more.

Delaware Governor Signs Marijuana Early Sales Bill. Gov. John Carney (D) on Wednesday signed into law a bill that will allow existing medical marijuana dispensaries to begin selling early to the adult-use market, House Bill 408. That bill will allow dispensaries to seek "conversion" licenses upon payment of a steep fee that is allocated to supporting social equity licensing applicants.

The bill is being lauded for helping to get the state's adult-use market up and running faster, but critics charge it gives an advantage to already-existing marijuana operations.

Sponsored by Rep. Ed Osienski (D), the bill is expected to generate up to $4 million for social equity applicants. Allowing earlier adult-use sales will also undercut unlicensed businesses selling marijuana, a phenomenon Osienski said underscored the "urgency" of getting the bill passed.

Medical Marijuana

New Hampshire Governor Signs Bill Adding Anxiety Disorder to List of Qualifying Conditions, but Vetoes Bill to Allow Medical Marijuana Greenhouse Grows. As part of a package of legislation signed into law last week, Gov. Chris Sununu (R) approved a bill adding generalized anxiety disorder to the list of qualifying conditions for medical marijuana in the state, House Bill 1349.

The bill will go into effect on September 10 and will allow people with a generalized anxiety disorder to be certified by a medical professional, apply for a medical marijuana registry card, and buy medical marijuana from one of the state's nonprofit dispensaries, or "alternative treatment centers." Supporters said the addition will help people with PTSD.

Sununu, however, vetoed a bill that would have licensed medical marijuana growers to build greenhouses for their crops, House Bill 1581. The greenhouses would have had to be approved by the Department of Health and Human Services.

Proponents argued that greenhouses would make for more efficient marijuana production, lowering costs to patients. But in his veto message, Sununu said the bill lacked enough safeguards detailing how the greenhouses would be secured.

"The legislation provides scant detail regarding safety, security, and location requirements," the governor wrote. "Those details are necessary to ensure appropriate controls on a regulated substance."

Oklahoma Appeals Court Rules Women with Medical Marijuana Cards Cannot Be Prosecuted for Child Neglect for Use During Pregnancy. The state Court of Criminal Appeals ruled Thursday that women holding medical marijuana cards cannot be prosecuted for child neglect for using marijuana during their pregnancies.

The ruling came in the case of Amanda Aguilar, who was charged with felony child neglect in Kay County in 2020 after her son tested positive for marijuana at birth. Although Aguilar had a medical marijuana card and used medical marijuana to treat severe morning sickness during her pregnancy, and gave birth to a healthy son, the hospital reported her to child welfare workers, who gave the baby's drug test results to police.

Aguilar then became one of a growing number of women in the state facing child neglect charges for using medical marijuana. Most are too poor to hire attorneys or fight the charges, and accept plea bargains in exchange for probation.

"There's so many moms that are going to take these charges just because they're terrified," Aguilar said.

Kay County District Attorney Brian Hermanson has prosecuted dozens of women in his district for child neglect after they used drugs during pregnancy, many for using medical marijuana. Local judges have dismissed some of the cases, but this court ruling provides clearer guidance.

The court seems to have only grudgingly ruled in Aguilar's favor and even suggested that the legislature rewrite state laws to allow for the prosecution of pregnant women using medical marijuana.

"For us to find that Aguilar's marijuana use, fully authorized by her medical marijuana card, became illegal due to her pregnancy, would require us to rewrite the statutes in a way we simply do not think is appropriate for courts to do," Presiding Judge Scott Rowland wrote in the court's majority opinion.

Two judges dissented, arguing that Aguilar's unborn son did not have his own medical marijuana card and that the voters did not intend for fetuses to be exposed to the drug.

Drug Policy

White House Honors Interdiction Agents and Agencies. The White House Office of National Drug Control Policy (ONDCP -- the drug czar's office) on Thursday held an event to recognize "law enforcement officials and agencies at the annual United States Interdiction Coordinator (USIC) Awards for their exemplary work to disrupt illicit drug trafficking and dismantle the criminal networks fueling the nation’s overdose epidemic." Those recognized were cited for their efforts to reduce the flow of drugs like fentanyl into the country.

"Since Day One, President Biden has taken historic action and made historic investments to support law enforcement and drug-related crime prevention as part of his whole-of-society effort to address the overdose epidemic," said Dr. Rahul Gupta, head of ONDCP. "I'm proud to honor the heroic efforts of these law enforcement leaders today who are working tirelessly around the clock to prevent deadly drugs from reaching our communities and hurting vulnerable Americans. The Biden-Harris Administration is grateful for their steadfast partnership and will continue to support life-saving law enforcement efforts to reduce overdoses, deprive drug traffickers of their profits, and keep Americans safe."

The Administration recently announced over $276 million in new funding for law enforcement agencies across the country that seize illicit drugs like fentanyl, prevent and reduce gun violence and other violent crimes associated with drug trafficking, improve interdiction efforts through enhanced data sharing and targeting, and dismantle illicit finance operations. Additionally, President Biden has called for $44.5 billion in his FY 2025 Budget to counter illicit drug trafficking and make our communities safer.

Alternatively, the administration could support efforts to legalize drugs and create a safe drug supply, but we're not holding our breath.