Medical Marijuana Update

One federal agency begins to move on allowing hemp-based CBD products, Florida's legal battle over medical marijuana takes another twist, and more.

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FDA Begins Process of Allowing Hemp-Based CBD Products. After President Trump signed the 2018 farm bill into law Thursday, the Food and Drug Administration (FDA) issued a press release pledging to pursue means of allowing businesses to legally market products containing hemp or non-psychoactive cannabinoids, such as CBD. FDA also asserted its right to regulate such products. "In view of the proliferation of products containing cannabis or cannabis-derived substances, the FDA will advance new steps to better define our public health obligations in this area," FDA Commissioner Scott Gottlieb said. "We'll also continue to closely scrutinize products that could pose risks to consumers."

Delaware

Delaware Judge Rules Fired Medical Marijuana User Can Sue Former Employer. A factory worker fired from his job after failing a drug test can sue his former employer, Superior Court Judge Noel Primos ruled on Monday. Jeremiah Chance claims his firing violated the anti-discrimination provision of the state's medical marijuana law and that he was targeted for retaliation after pointing out safety issues with railroad ties manufactured by the Kraft Heinze plant in Dover. The company had argued that the anti-discrimination clause was preempted by the federal Controlled Substances Act, but the judge disagreed. The law does "not require employers to participate in an illegal activity... but instead merely prohibits them from discriminating based upon medical marijuana use," Primos wrote.

Florida

Florida Legal Battle Over Medical Marijuana Takes Another Turn. A state appeals court this week agreed to stay a circuit court judge's ruling that the legislature and the Department of Health violated the state's voter-approved medical marijuana amendment. The ruling comes in a case involving a Tampa marijuana grower, which challenged caps placed on the number of medical marijuana licensees. While the 1^st District Appeals Court approved the stay, it also said its final decision on the case would be "expedited."

Oregon

Oregon to Allow Medical Marijuana Deliveries in Areas That Ban Dispensaries. State regulators have approved medical marijuana deliveries in areas where dispensaries are banned effective December 28. The rules were approved last week after patient advocates voiced concern about rules that limited access to medical marijuana.

South Carolina

South Carolina Poll Has Strong Support for Medical Marijuana. A new poll from Benchmark Research finds that nearly three-quarters of South Carolinians are ready for medical marijuana. The poll had support at 72%, with even 63% of Republicans behind it. Medical marijuana bills last year won some committee votes, but were unable to advance.

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