Medical Marijuana Update

Submitted by Phillip Smith on (Issue #880)
Drug War Issues

A federal CBD bill is filed, the federal medical marijuana bill picks up more sponsors, and bills are moving (or dying) in a number of state. Let's get to it:

[image:1 align:right]National

Last Thursday, a federal CBD bill was filed. Rep. Scott Perry (R-PA) filed HR 1635, which would amend the Controlled Substances Act to exclude cannabidiol (CDB) and CBD-rich marijuana plants from the definition of marijuana under the act.

As of Tuesday, the House CARERS Act had eight cosponsors. The House version of the federal bill to allow states to move forward on medical marijuana without federal interference is accumulating cosponsors. Rep. Steve Cohen (D-TN) introduced it a week ago today, and it now has seven more cosponsors. Click on the link to see who they are.

California

Last Thursday, the Fresno city council voted to allow residents to grow up to four plants. The move would be a step forward for the city, which last year banned all cultivation within the city limits. The council will take a second and final vote on the measure in coming weeks.

Also last Thursday, four Yuba county medical marijuana growers sued the county over its new, restrictive medical marijuana cultivation ordinance. The ordinance allows only for up to 12 plants to be grown inside a structure -- but not a residence -- and no outdoor grows.

Last Friday, a raided El Dorado County dispensary operator sued the county to recover marijuana and financial and medical records seized during a sheriff's department raid last November. The Pure Life Cannabis Collective has been closed since the raid. The lawsuit charges that the dispensary was legitimate and the raid was not.

Florida

Last Friday, more delays came for the state's CBD medical marijuana program. A Central Florida grower and a South Florida trade association are the latest to file legal challenges to the state Health Department's rules for the program. The program envisions only five growers, and the competition is vicious. Now, there are three active legal challenges, which means the department cannot proceed with the program until they are resolved. This is after an earlier delay caused by an earlier legal challenge.

On Tuesday, an expanded CBD medical marijuana bill won a committee vote. The Senate Health Policy Committee approved a bill that would expand the list of qualifying conditions for the use of CBD cannabis oil, quadruple the number of dispensing organizations to 20, and establish a time frame for issuing licenses.

Georgia

Last Wednesday, a CBD medical marijuana bill passed the legislature. The House gave final approval to House Bill 1, which would allow patients with eight specified diseases to use CBD cannabis oil. Gov. Nathan Deal (R) said today he will sign the bill.

Last Friday, Gov. Deal signed an executive order to speed expedite the new law. Gov. Nathan Deal (R) signed the order to speed up the enactment of House Bill 1, which has passed both houses of the legislature. The bill provides immunity from prosecution for CBD patients who register with the state. Deal said he would sign the bill at the end of the legislative session.

Hawaii

Last Wednesday, a dispensary bill won a pair of committee votes. The Senate Public Health and Public Safety committees have approved House Bill 321, which would create dispensaries and production centers in each county in the state. They also amended the bill to speed up the opening of dispensaries, which would now be set for next year.

Idaho

On Monday, the governor's office pushed back against a CBD cannabis oil bill. Gov. "Butch" Otter (R) sent his drug policy point-man to the capitol today to speak out against Senate Bill 1146, which would provide an affirmative defense for parents of children using low-THC, high-CBD cannabis oil to treat severe seizures. Elisha Figueroa, head of the Idaho Office of Drug Policy, warned that "Idaho will be violating federal law if this bill passes." Fourteen other Republican-controlled legislatures have passed similar laws, but they're all violating federal law, too, he said. Figueroa is pushing for a different bill, Senate Bill 1156, which would set up a special program to run trials on a GW Pharma CBD product called Epidiolex.

On Tuesday, the bill was killed in committee. The House State Affairs Committee listened to hours of tearful testimony from supporters of Senate Bill 1146, which would allow for the use of CBD cannabis oil to treat epileptic seizures in children, then voted to kill it Monday.

Iowa

Last Wednesday, a medical marijuana bill won a committee vote. The Senate Ways and Means Committee approved Senate Study Bill 1243, which would allow patients with a number of specified medical conditions to use medical marijuana -- but not to smoke it.

Missouri

On Monday, a medical marijuana bill won a committee vote. The House Select Committee on General Laws approved House Bill 800, which would allow for the use of medical marijuana for a handful of specified diseases. It would also allow for up to 30 dispensaries.

New Jersey

Last Thursday, the Assembly approved a trio of medical marijuana bills. Legislators in Trenton Thursday approved adding PTSD to the list of qualifying diseases, and then some. They also approved ACR 224, which would undo the Christie rule that doctors who recommend medical marijuana must be publicly listed and A 4286, which allows dispensaries to share surpluses. The bills now go to the state Senate.

New York

On Wednesday, the state issued final regulations for the medical marijuana program and advocates were not happy. The state has issued final regulations for the program, and they are very similar to the heavily-criticized draft regulations it started out with several months ago. The regs limit the number of dispensaries to 20 and don't add any new qualifying conditions. Assemblyman Richard Gottfried (D-Manhattan), the law's sponsor, said the final regs are needlessly restrictive and "gratuitously cruel."

North Carolina

Last Wednesday, a medical marijuana bill was killed in committee. After an intense hour-long hearing, the House Judiciary Committee voted to kill a medical marijuana bill, House Bill 78. Some supporters of the bill vowed to move to other states, while one Republican foe of the bill, Rep. Dan Arp, complained he was struck in the back by an angry supporter. The man was detained by police, but later released without charges.

Tennessee

On Tuesday, a medical marijuana bill won a committee vote. The House Health Subcommittee unanimously approved a bill sponsored by Rep. Ryan Williams (R-Cookville). The measure, which would not allow for the smoking of marijuana, now goes to the full House Health Committee.

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

Permission to Reprint: This content is licensed under a modified Creative Commons Attribution license. Content of a purely educational nature in Drug War Chronicle appear courtesy of DRCNet Foundation, unless otherwise noted.

Comments

YearofAction (not verified)

With the way "marihuana" is defined in Federal law, if it is taken out of Schedule 1, then all that remains is cannabis. Schedule 1 prohibition is required for "marihuana" to continue to exist. See Sec.802.(16)

http://www.fda.gov/regulatoryinformation/legislation/ucm148726.htm

A simple definition that makes marijuana a separate thing from cannabis, and which actually shows respect for our Constitution, is this:

The term "marijuana" means all parts
of the smoke produced by the combustion
of the plant Cannabis sativa L.

This definition makes cannabis available for cancer research without Schedule 1 interference, and will help to keep children from accessing marijuana.

When the properties of cannabis are more well known by lawmakers, then marijuana could be moved to an appropriate Schedule.

Why is there such outcry to legalize the current confusing definition? Why is there so much resistance to a clear definition?

Yes PhDScientist, this year is a good time to fix these things.

 

Fri, 04/03/2015 - 8:27pm Permalink

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