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A Marijuana Drive-Through Could Be Coming to a Corner Near You

Voters in Maine narrowly approved marijuana legalization last November, and since then, the state legislature has been busily trying to come up with rules and regulations for the legal weed market. Now, they are envisioning something of a rarity: allowing customers to buy their weed at drive-up windows.

Of the five states that currently allow legal adult marijuana sales -- Alaska, Colorado, Nevada, Oregon, and Washington -- only Oregon and Colorado allow for drive-through sales. California, where sales are set to begin January 1, had drive-through sales written into draft regulations, but those proposed regs have had to be pulled and rewritten to comply with a state law merging the recreational and medical markets. Still, drive-through sales may survive the regulatory process there. Massachusetts hasn't directly addressed the issue, leaving it up to its Cannabis Control Commission to figure out before the state begins sales next summer.

For a measure whose mantra was "treat marijuana like alcohol," allowing drive-through pot sales seems like a no-brainer.

"If Maine allows it for alcohol, we see no reason why it shouldn't be allowed for marijuana, the safer substance, so long as Maine puts in place reasonable regulations to protect public safety and the consumer," David Boyer, director of the Maine chapter of the Marijuana Policy Project told the Portland Press Herald. "The voters want it regulated and taxed like alcohol. The rules should be the same."

But it's not a done deal yet. The legislature's Joint Select Committee on Marijuana Legalization Implementation is still considering the draft bill, and the coming week will be crucial. The bill gets a public hearing Tuesday and legislative debate is set for Wednesday and Thursday. If the committee approves it, it goes before the full legislature next month.

Drive-through sales is one of a subset of non-storefront sales possibilities facing legal pot regulators. Sales by delivery services and online sales are additional bones of contention. The proposed Maine legislation would allow both of those, too, but not all the other legal states do.

It is a sign of significant progress, or course, that the debate has shifted from how hard to punish pot smokers and dealers to how best to accommodate and regulate legal marijuana. But legal marijuana still has a ways to go before we can say it is treated like alcohol.

Chronicle AM: Maine Considers Marijuana Social Clubs With No Smoking, More... (9/26/17)

Maine considers marijuana social clubs where you can't smoke pot, some Maryland criminal justice reforms passed last year will go into effect on Sunday, and more.

You wouldn't be able to do this under Maine's proposed marijuana social club law. (Flickr/CAGrimmett)
Marijuana Policy

Maine Might Okay Marijuana Social Clubs, But Not Allow Smoking. The legislative rewrite of last year's voter-approved legalization initiative contains a provision that allows for the licensing of marijuana social clubs, but there's a big catch: People probably won't be able to smoke pot in them. The bill does not expressly ban smoking, but neither does it have any exemption from the state's no-smoking laws, which prohibit smoking of any kind -- including vaping -- in public places.

Drug Policy

Maryland Drug, Criminal Justice Reforms Go into Effect Next Week. Some provisions of the Justice Reinvestment Act (2016 Senate Bill 1005) will go into effect on Sunday. The measures allow people serving mandatory minimum sentences for drug offense to ask a court for sentence reductions, expands drug treatment, eases parole policy, and makes provisions for criminal record expungment. Another bill going into effect Sunday allows people with marijuana offenses to seek expungement after four years instead of ten.

International

Philippines Medical Marijuana Bill Advances. The House Health Committee approved a medical marijuana measure, House Bill 180, on Monday. The bill would allow patients with debilitating conditions to use marijuana. It would also establish Medical Cannabis Compassionate Centers in hospitals to supply and sell medical marijuana, which could be sold only by a licensed pharmacist.

Chronicle AM: CVS to Limit Opioid 'Scrips, Sessions Slams Legal Pot (Again), More... (9/21/17)

The attorney general makes clear yet again that he doesn't like legal weed, a Kentucky court throws out a medical marijuana lawsuit, one of the nation's largest pharmacy chains is moving to tighten up on opioid prescriptions, Rodrigo Duterte is ready to kill his own kid for the sake of the drug war, and more.

Attorney General Sessions reprises a favorite theme even as his underlings ponder what to do about legal cannabis. (senate.gov)
Marijuana Policy

Sessions Attacks Marijuana Legalization Again. "I've never felt that we should legalize marijuana," Sessions said Wednesday in San Diego in remarks reported by Reuters. "It doesn't strike me that the country would be better if it's being sold at every street corner," he added, noting that it remains prohibited under federal law. But despite the attorney general's repeated anti-legalization comments, the Justice Department has yet to move seriously against states where it is legal. Last week, Deputy Attorney General Rod Rosenstein said the Cole memo, which set the Obama administration's largely laissez-faire policy toward legal pot states, is now under review.

Maine Legislators Propose Online and Drive-Through Pot Sales. Proposed regulations from the legislature's marijuana committee would let adults buy pot over the Internet and at drive-through windows at licensed pot shops. The rules are not yet set, however, and opponents are seeking to tighten access. Stay tuned.

Las Vegas Gets First 24-Hour Pot Shop. The city council voted unanimously Wednesday to allow a pot shop, Oasis Cannabis, to stay open 24 hours a day. It will be the first 24/7 pot shop to be located near the Strip, but other pot shops in nearby North Las Vegas are already open around the clock. In approving the move, the council overrode its own city code, which requires pot businesses to shut down between 3:00am and 6:00am.

Medical Marijuana

Kentucky Court Dismisses Lawsuit Aimed at Governor, Attorney General. A lawsuit filed against Gov. Matt Bevin (R) and Attorney General Andy Beshear (D) seeking to force them to legalize medical marijuana in the state was thrown out Wednesday. A Franklin circuit court judge ruled that legal precedent makes it clear that only the legislature can regulate the use of marijuana in the state -- not the executive branch and not the courts.

Heroin and Prescription Opioids

CVS to Limit Opioid Prescriptions in Bid to Address Crisis. The national drug store chain announced Thursday it will take steps to limit initial prescriptions to seven-day supplies for new patients facing acute pain. It will instruct pharmacists to contact prescribing doctors if they see prescriptions with what they believe are more opioids than necessary. The chain will also cap daily dosages and require new patients to get medications that offer short-period pain relief instead of longer duration ones. CVS did not address how the moves would impact patients suffering from chronic pain.

Nevada Governor Sets Opioid Task Force Meeting. Gov. Brian Sandoval (R) has announced that the state's task force on opioid abuse is set to meet Monday. He said the task force will hear updates from state and federal agencies on their progress in fighting opioid abuse. The task force has already made the overdose reversal drug naloxone available to first responders, Sandoval noted.

Asset Forfeiture

lIllinois Governor Signs Civil Asset Forfeiture Reform Bill. Gov. Bruce Rauner (R) signed House Bill 303 into law on Tuesday. The new law does not end civil asset forfeiture, but raises the bar for seizures, mandates the collection and reporting of seizure data, and imposes new sanctions for abuse or violations of asset forfeiture rules. Under the new law, the government's burden of proof standard rises from probable cause to a preponderance of the evidence. The law also provides that possession of small amounts of drugs will no longer be a legal basis for forfeiture.

International

Duterte Tells Cops to Kill His Own Son if Drug Smuggling Rumors Are True. In a not very reassuring effort to demonstrate that his own family is not above the law, Philippines President Rodrigo Duterte said in a speech Wednesday that police could kill his children if they prove to be involved in drugs. The remarks came amid reports that his 42-year-old son Paolo was involved in drug smuggling. According to the Sydney Morning Herald, Duterte said he warned his son: "My orders are to kill you if you are caught, and I will protect the police who kill you." That way, people wouldn't think the first family was getting special treatment. "That's better ... so I can say to the people: "There, you keep talking. That's my son's corpse,' he said.

Chronicle AM: CA Safe Injection Site Blocked for Now, No Toronto Pot Lounges, More... (9/19/17)

The California safe injection bill comes up two votes short of passing this year, Toronto authorities ignore the pleas of pot lounge operators for a place under legalization, Virginia's Democratic attorney general comes out with a plan to fight opioid overdoses, and more.

No safe injection sites for California this year. Maybe next year. (vch.ca)
Marijuana Policy

New Mexico Democratic Gubernatorial Candidates Want to Legalize It, Republicans Not So Much. Three leading Democratic contenders for the party's gubernatorial nomination support legalization, while the sole Republican in the race does not. Democrat Peter DeBenedittis released a statement Monday calling for legalization, prompting Democrats Jeff Apodaca and US Rep. Michelle Lujan Grisham to come out for it as well. The sole Republican, US Rep Steve Pearce opposes legalization, as does one Democrat, state Rep. Joseph Cervantes. But Cervantes noted that he has sponsored legislation reducing penalties for possession.

Medical Marijuana

Arkansas Deadline Sees Rush of Applicants for Grower, Distributor Licenses. A Monday deadline for grower and distributor applications saw applicants flood the state office building where the paperwork is delivered. Firm numbers weren't available, but applicants overwhelmed the clerks on duty and faced hours-long waits to get processed.

Heroin and Prescription Opioids

Virginia Attorney General Releases Plan to Fight Opioid Epidemic. State Attorney General Mark Herring (D) on Monday released a plan to address the growing number of deaths caused by the use of heroin, fentanyl, and prescription opioids. Among the proposals: harsher laws for people dealing in fentanyl, enhanced electronic prescription monitoring, requiring health insurers to cover alternative treatments for pain, teaching schoolchildren about opioids beginning in middle school, and an investigation into price gouging by companies selling naloxone. News accounts don't indicate any discussion in Herring's plan of the need to ensure the availability of opioid pain relievers to those patients who do need them, nor any critical examination of his proposal for increased sentences.

Harm Reduction

California Safe Injection Site Bill Falls Short in State Senate. A bill that would have opened the way to safe injection sites in the state has come up two votes short in the state Senate. The measure, Assembly Bill 186, is not dead, however. Even though the Senate did not vote to pass it, it did vote to reconsider it next year.

International

Toronto Just Says No to Marijuana Lounges. Despite the pleas of pot consumption lounge owners, some of whom have been open for years, the city's municipal standards and licensing committee voted 4-1 to limit marijuana businesses to government-run stores. The committee also voted to increase penalties for businesses that allow on-site consumption. The city is staying within the parameters set by the Ontario provincial government, which recently announced plans for a government monopoly on pot sales.

Lesotho Becomes First African County to Issue Medical Marijuana License. The country's health ministry has licensed a South African company, Verve Dynamics, to manufacture medical marijuana products, marking a first for the continent.

Peru Medical Marijuana Bill Advances. Spurred by a recent raid on a makeshift medical marijuana facility that mothers were using to soothe their sick children, the Peruvian congress is advancing a medical marijuana bill. The bill has now passed the congressional Committee on National Defense and heads to the full Congress for debate and a final vote. President Pablo Kucyzinski has supported the legislation.

Amnesty International Criticizes Indonesia's Turn to Harsh Drug War. The government's tough stance against drug dealers is leading to an increasing death toll, the human rights group said. Amnesty's Indonesian affiliate said some 80 people had been killed by police in the drug war so far this year, more than four times as many as last year.

(This article was prepared by StoptheDrugWar.org"s lobbying arm, the Drug Reform Coordination Network, which also pays the cost of maintaining this web site. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code, and does not pay for reporting that could be interpreted or misinterpreted as doing so.)

New Hampshire Just Decriminalized Marijuana Possession

As of noon last Saturday, the possession of small amounts of marijuana is decriminalized in New Hampshire. Now, nowhere is New England will someone caught with a joint or two be subject to arrest.

All of New England is now a minor pot bust-free zone. (Wikimedia)
Two New England states -- Maine and Massachusetts -- have legalized marijuana, and all the others have now decriminalized it.

Decriminalization came when, after years of effort, the legislature passed House Bill 640 in June, and Republican Gov. Jon Sununu signed it into law the following month.

Under the state's old law, people caught with small amounts of pot faced up to a year in prison and a $2,000 fine. Under the new law, the penalty for possession of up to three-quarters of an ounce is reduced to a $100 fine for a first or second offense and a $300 fine for a third offense within three years. A fourth offense within three years could be charged as a Class B misdemeanor, but there would be no arrest or jail time.

The Marijuana Policy Project (MPP), which has been deeply involved in the state for years, congratulated state political leaders for going this far, but urged them to go further.

"The governor and Legislature both deserve a lot of credit for moving the state forward with this commonsense reform," said Matt Simon, MPP's Manchester-based New England political director. "Unlike his predecessors, who opposed similar proposals, Gov. Sununu appears to understand that "Live Free or Die' is more than just a motto on a license plate.

"A lot of credit also goes to the House, which has been supporting decriminalization bills since 2008," Simon said. "It was refreshing to see the Senate finally come to an agreement with the House on this issue in 2017. This is a big step toward a more sensible marijuana policy for New Hampshire."

The next step would be outright legalization, Simon said, pointing to an August Granite State poll that showed more than two-thirds (68%) of state residents supported freeing the weed.

"There is no good reason to continue arresting and prosecuting people for marijuana possession. Marijuana is objectively less harmful than alcohol, and Granite Staters are ready to see it treated that way. A very strong majority of state residents support ending marijuana prohibition altogether," Simon said.

"New Hampshire lawmakers should continue to follow their constituents' lead on this issue," Simon said. "Every state in New England is either implementing or strongly considering legislation to regulate marijuana for adult use. It is time for the legislature to develop a realistic marijuana prohibition exit strategy for New Hampshire."

Chronicle AM: Bill to End Federal Man Mins Filed, CA Calls for Pot Rescheduling, More... (9/18/17)

Bostonians celebrate marijuana legalization, California calls for its rescheduling, state attorneys general urge health insurers to reduce opioid prescriptions, Maxine Waters files a bill to end mandatory minimums for drug sentences, and more.

Marijuana Policy

California Officially Calls for Marijuana Rescheduling. The Assembly last Thursday passed a resolution calling on the federal government to reschedule marijuana. The Senate had approved the resolution earlier. "The Legislature urges the Congress of the United States to pass a law to reschedule marijuana or cannabis and its derivatives from a Schedule I drug to an alternative schedule, therefore allowing the legal research and development of marijuana or cannabis for medical use," reads the joint resolution.

Boston Freedom Rally Draws Thousands to Celebrate Legalization. For the first time since voters legalized marijuana last November, the annual event demanding legalization was held this past weekend. Thousands flocked to Boston Common for the 28th Annual Boston Freedom Rally for live music, speeches, educational panels, and -- of course -- plentiful pot-smoking. Even though public marijuana use is illegal, police reported no arrests.

Nevada Supreme Court Throws a Wrench in Marijuana Distribution Licensing. The state's highest court issued a temporary injunction last Friday barring the Department of Taxation from granting any more pot distribution licenses. This means supply chain issues will continue to plague pot shops in the near term. The initiative that legalized pot in the state reserved such licenses for liquor distributors for the first 18 months, but the Tax Commission had voted to allow other distributors to get in on the action after determining that the booze distributors couldn't keep up with demand. The liquor distributors took legal action to block the new licenses, and here we are. Oral arguments in the case are set for October 3.

Heroin and Prescription Opioids

State Attorneys General Urge Insurers to Seek Alternatives for Opioids. Attorneys general from 35 states, Washington, DC, and Puerto Rico announced a bipartisan coalition to fight opioid addiction on Monday and rolled out their effort by jointly calling on health insurers to review pain management treatment policies in a bid to promote more use of alternatives to prescription opioids. The AGs said they didn't want health insurers to unintentionally contribute to the crisis. News articles didn't indicate whether the AGs noted the need to ensure that patients who do need opioids receive them.

Harm Reduction

Philadelphia DA Candidates Are Open to Safe Injection Sites. Larry Krasner, the Democratic frontrunner to be the next district attorney, has come out in support of city-sanctioned safe injection sites for drug users. His Republican foe, Beth Grossman, wouldn't go that far, but said she is open to discussion on the issue. Safe injection sites were mentioned in Mayor Jim Kenney's opioid task force report in May, but they were the most controversial of the report's 18 recommendations. Although efforts are underway in several cities, including New York, San Francisco, and Seattle, no officially-sanctioned safe injection sites operate in the US, although one unsanctioned one is reportedly operating in an unnamed US city.

Sentencing

Maxine Waters Files Bill to End Mandatory Minimum Drug Sentences. Rep. Maxine Waters (D-CA) has filed House Resolution 3800 "to eliminate mandatory minimum sentences for all drug offenses." The bill text is not yet available on the congressional web site.

International

Toronto Pot Lounges Want Right to Exist Under Legalization. Faced with a provincial plan to impose a government monopoly on retail marijuana sales, Toronto's existing pot consumption lounges, some of which have been around since before the turn of the century, are asking the city's Municipal Licensing and Standards Committee to regulate them instead of shutting them down. They argue that the shops are needed in the city, which bans public pot smoking and where many renters and apartment dwellers have no legal place to indulge.

(This article was prepared by StoptheDrugWar.org's lobbying arm, the Drug Reform Coordination Network, which also pays the cost of maintaining this web site. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code, and does not pay for reporting that could be interpreted or misinterpreted as doing so.)

The Only Legal Marijuana State to Ban Personal Pot Grows Could Be About to Change Its Mind

Eight states have legalized marijuana for recreational use, and of those, only Washington does not allow people to grow their own plants. But that could be about to change.

young marijuana plant during vegetative growth phase (Wikipedia)
The state's marijuana regulatory agency, the State Liquor and Cannabis Board (LCB), has announced that it will consider allowing personal home grows. The impetus for the move comes from the state legislature, which passed a bill this year directing the agency to study options for allowing personal cultivation.

Currently, the only people who can grow their own marijuana in Washington are registered medical marijuana patients. But allowing home grows under the recreational marijuana law would potentially vastly increase the number of people able to grow their own supply.

While the state is moving toward allowing home cultivation, it is contemplating a more highly regulated approach than other legal states. In its presss release announcing an October 4 public hearing on the issue, the LCB laid out three options for moving forward:

Option 1: Tightly Regulated Recreational Marijuana Home Grows

Would allow up to four plants per household, but would require home growers to obtain a state permit and enter their plants with the state traceability system.

Option 2: Local Control of Recreational Marijuana Home Grows

Would allow up to four plants per household, but would require a local permit. Plants would not have to be entered in the state traceability system. Local authorities could limit home cultivation to fewer than four plants if they wished.

Option 3. Recreational Home Grows are Prohibited

That would be the status quo. Recreational marijuana consumers would be forced to rely on the state-regulated market to obtain their pot. Or the black market.

There is a fourth option, which the LCB didn't offer up, but which is the case in the other legal pot states: Allowing people to grow their own small number of pot plants without the necessity of obtaining a permit from either the state or local authorities. After all, we're talking about growing a plant in your house or yard here. When it comes to growing your own, the attitude of many Washington marijuana consumers is likely to be: "Permits? We don't need no stinking permits."

While Trump Moves Backward on Drug Sentencing, California Heads for More Reforms

This article was produced in collaboration with AlterNet and first appeared here.

The Trump Justice Department under prohibitionist Attorney General Jeff Sessions is reviving some of the drug war's worst sentencing practices -- mandatory minimum sentences, charging low-level defendants with the harshest statutes -- but that doesn't mean the states have to follow suit.

Harsh drug sentences are overcrowding California jails. (supremecourt.gov)
And, as has been the case with climate change, environmental protection, trade, and the protection of undocumented residents, California is charting its own progressive path in the face of the reactionaries in Washington.

The latest evidence comes from Sacramento, where the state Assembly passed a bill to stop sentencing drug offenders to extra time because they have previous drug convictions. The measure, Senate Bill 180, also known as the Repeal Ineffective Sentencing Enhancements (RISE) Act, passed the state Senate in June and now goes to the desk of Gov. Jerry Brown (D).

The bill would end a three-year sentence enhancement for prior drug convictions, including petty drug sales and possession of drugs for sales. Under current law, sale of even the tiniest amounts of cocaine, heroin, and methamphetamine can earn up to five years in prison, and each previous conviction for sales or possession with intent add three more.

State sheriffs complain that the drug sentencing enhancement is the leading cause of 10-year-plus sentences being served in their county jails, which now shoulder more of the burden of housing drug war prisoners after earlier reforms aimed at reducing prison overcrowding shifted them to local lock-ups. As of 2014, there were more than 1,500 people in California jails sentenced to more than five years and the leading cause of these long sentences was non-violent drug sales offenses.

"People are realizing that it is time to reform the criminal justice system so that there's more emphasis on justice and rehabilitation," Mitchell said after the final vote on SB 180, which is supported by nearly 200 business, community, legal and public-service groups. "By repealing sentencing enhancements for people who have already served their time, California can instead make greater investments in our communities. Let's focus on putting 'justice' in our criminal-justice system."

"This sentencing enhancement has been on the books for 35 years and failed to reduce the availability or sales of drugs within our communities," said Eunisses Hernandez of the Drug Policy Alliance, which supported the bill. "These extreme and punitive polices of the war on drugs break up families and don't make our communities any safer."

The bill is part of a set of bills known as the #EquityAndJustice package aimed at reducing inequities in the system. Authored by state Sens. Holly Mitchell (D-Los Angeles) and Ricardo Lara (D-Long Beach), the package also includes Senate Bill 190, which would end unreasonable fees on the families of incarcerated children and also sits on the governor's desk, as well as Senate Bill 355, which will end the requirement that innocent defendants reimburse the counties for the cost of appointed counsel. Brown has already signed that into law. "Harsh sentencing laws have condemned a generation of men of color, and with SB 180 and other bills in the Equity and Justice package we are on our way to restoring the values of rehabilitation to the criminal justice system," Lara said.

When Washington is in the hands of authoritarian, law-and-order politicians like Trump, Sessions, and the Republican Congress, it's time for the states to step up. California is showing how it's done.

Chronicle AM: Orrin Hatch Punningly Files MedMJ Bill, DOJ #2 Speaks Out on Pot, More... (9/14/17)

What got into Orrin Hatch? Plus, Nevada could be the first state to allow pot lounges, the US Deputy AG says DOJ is still pondering marijuana policy, and more.

Marijuana Policy

Deputy Attorney General Says DOJ Still Reviewing Marijuana Policy. In an appearance at the conservative Heritage Foundation Thursday, Deputy Attorney General Rod Rosenstein said the department was still looking at its options on marijuana policy. "We are reviewing that policy. We haven't changed it, but we are reviewing it. We're looking at the states that have legalized or decriminalized marijuana, trying to evaluate what the impact is," he said in remarks reported by Tom Angell for Forbes. "And I think there is some pretty significant evidence that marijuana turns out to be more harmful than a lot of people anticipated, and it's more difficult to regulate than I think was contemplated ideally by some of those states," he said.

Maine Draft Legalization Bill Would Let Dispensaries, Caregivers Sell to Recreational Market. The bill legislators have drafted to rewrite the state's voter-approved pot legalization law includes a provision that would let the state's eight licensed medical marijuana dispensaries apply for a license to sell in the recreational market. But they would have to have separate entrances and sales counters for medical and recreational customers. State-certified caregivers could also apply for recreational sales licenses.

Nevada Regulators Clear Way for Pot Clubs and Lounges. The state Legislative Counsel Bureau said on Monday that state law does not prohibit counties or municipalities from allowing clubs or lounges where patrons can use marijuana. It's up to the localities, the bureau said. Doing so would allow tourists and visitors to have a place to indulge. While pot is legal in the state, it cannot be consumed in public, in casinos, or in hotel rooms, leaving visitors with no place to take advantage of the pot law.

Medical Marijuana

Orrin Hatch Files Medical Marijuana Research Bill, Makes Bad Weed Puns. Senator Orrin Hatch (R-UT) introduced the Marijuana Effective Drug Study Act of 2017, or MEDS Act, to improve the process for conducting scientific research on marijuana as a safe and effective medical treatment. In introducing this legislation, Senator Hatch was joined by Senator Schatz (D-HI) and cosponsors Senator Chris Coons (D-DE), Senator Cory Gardner (R-CO), and Senator Thom Tillis (R-NC). "It's high time to address research into medical marijuana," Hatch said. "Our country has experimented with a variety of state solutions without properly delving into the weeds on the effectiveness, safety, dosing, administration, and quality of medical marijuana. All the while, the federal government strains to enforce regulations that sometimes do more harm than good. To be blunt, we need to remove the administrative barriers preventing legitimate research into medical marijuana, which is why I've decided to roll out the MEDS Act. I urge my colleagues to join Senator Schatz and me in our joint effort to help thousands of Americans suffering from a wide-range of diseases and disorders. In a Washington at war with itself, I have high hopes that this bipartisan initiative can be a kumbaya moment for both parties." [Bolding done by Drug War Chronicle.]

Arizona Supreme Court Won't Let State Officials Use Federal Law to Get Around State Law. The high court on Tuesday declined to review a Court of Appeals ruling that federal law does not trump the state's voter-approved medical marijuana law. The lower court had ruled that even though marijuana remains illegal federally, federal law does not preempt the state from allowing patients to use it. The case had been filed by recalcitrant Maricopa County Bill Montgomery (R), who didn't want to heed the will of the voters.

Medical Marijuana Update

Medical marijuana is getting some attention in Congress, Arizona PTSD patients are still out of luck, Michigan dispensaries have three months to shut their doors and get licensed, and more.

National

Last Wednesday, a bipartisan group of senators reintroduced the CARERS Act. Sens. Cory Booker (D-NJ), Al Franken (D-MN), Kirsten Gillibrand (D-NY), Lisa Murkowski (R-AK), and Rand Paul (R-KY) refiled the CARERS Act (Senate Bill 1764). The bill aims to "extend the principle of federalism to State drug policy, provide access to medical marijuana, and enable research into the medicinal properties of marijuana."

Last Thursday, the House GOP leadership blocked a vote to protect medical marijuana states. House GOP leaders won't allow a vote on an amendment to a spending bill that bars the Justice Department from spending money to go after state-compliant medical marijuana programs, several lawmakers said. The Farr-Rohrabacher amendment has protected those state programs for the past four years, but House leaders said "it splits the conference too much so we're not going to have a vote on it," The Hill reported. The move came despite pleas from Rep. Rohrabacher (R-CA) to allow the vote.

Last Friday, the budget deal Trump agreed to preserved medical marijuana protections -- for now. The budget deal agreed to between President Trump and congressional leaders extends federal protections to state-legal medical marijuana programs through December 8. This provides an opportunity for House GOP leaders to rectify their decision last week not to allow a vote on the amendment that for the past four years has blocked the Justice Department from spending federal funds to go after medical marijuana in states where it is legal.

Arizona

On Tuesday, the Supreme Court refused to lift restrictions on medical marijuana for PTSD. The state Supreme Court rejected without comment an argument from the Arizona Cannabis Nurses Association that the former state health director had illegally imposed restrictions on when doctors can recommend the drug for PTSD. The high court's decision leaves intact an earlier Court of Appeals ruling upholding the restrictions. Attorneys for the association say they may take the case to federal court on equal protection grounds.

Iowa

Last Friday, the attorney general cited fed fears to block CBD from out of state dispensaries. The attorney general's office has advised the Department of Public Health not to implement a part of the state's CBD medical marijuana law that would have licensed two dispensaries from bordering states to supply CBD to Iowa patients. "It is possible that state's program may come under increased scrutiny from the federal government," a spokesman told the Des Moines Register, adding that the halt would remain "until the federal government provides further guidance regarding state medical marijuana programs."

Michigan

On Monday, dispensaries were given three months to shut their doors. Existing unlicensed dispensaries must shut their doors by December 15, the state Department of Licensing and Regulatory Affairs said. On that date, the department begins accepting applications to operate under new medical marijuana regulations approved this year. While closing up shop and then applying for a license isn't exactly a thrill for existing dispensary owners, it's better than an alternative proposal that called for the dispensaries to be shut down immediately.

Pennsylvania

Last Friday, a lawsuit put the roll-out of the medical marijuana program in peril. A would-be medical marijuana operator who failed to win a permit to operate in an initial round of permit-issuing filed a lawsuit last challenging the process and seeking an injunction that would require the state to rescind all awarded permits and start over. That's raising concerns about medical marijuana supporters that it could cause needless suffering.

Texas

Last Thursday, the sttate issued its first CBD medical marijuana license. The state has issued a license to Cansortium Texas to grow, process, and sell CBD medical marijuana products to patients. Two other companies have applications in the pipeline. The move comes two years after the legislature approved a bill allowing for CBD use for epilepsy.

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

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