The marijuana OUI bill is being proposed by the Department of Public Safety, which wants to set a limit that will allow police officers to determine when a driver is too stoned behind the wheel.
Rep. Diane Russell, D-Portland, said she will introduce her fourth bill to tax and regulate the use of recreational marijuana. She said this bill will be the Legislature’s last chance to get out in front of two competing citizen initiatives that are likely to end up on the 2016 ballot. Two groups – the Marijuana Policy Project and Legalize Maine – plan to launch petition drives to collect signatures for 2016 referendums to legalize recreational drug use, as the states of Colorado and Washington have both done. The two proposals differ in approach and details, such as whether marijuana use should be limited to private homes or allowed in social clubs.
Russell also will sponsor a bill to remove the list of qualifying conditions for which patients can be approved to use medical marijuana. That would effectively leave it to patients and doctors to determine when the drug might help with a medical condition. Previous bills have been introduced to expand the number of approved conditions, including post-traumatic stress disorder.
Hillary Lister, director of Medical Marijuana Caregivers of Maine, anticipates legislation specifying that the state cannot collect identifying information about medical marijuana patients. She said patients and caregivers are concerned about a recent rule change that requires medical providers to give patients a certification card that is generated through an online portal.
The Department of Health and Human Services also will propose amendments to the Maine Medical Use of Marijuana Act, but details of those amendments will not be released until the bill is finalized and the language becomes public, said department spokesman David Sorensen.
We are down to the final two days of the 2014 legislative session in Michigan, and this is the last opportunity to pass two critically important bills. HB 5104 would protect patients who consume non-smoked forms of marijuana, while HB 4271 would create clear legal protections for medical marijuana provisioning centers (dispensaries) to ensure patients have safe and regular access to medical marijuana.
Currently, non-smoked forms of marijuana are not considered “usable marijuana,” and therefore can’t be legally consumed by those who prefer not to smoke –- sometimes leading to tragic consequences. At the same time, provisioning centers do not have clear protections under Michigan law, which harms patients who should have safe, regulated access to medicine. These bills both make huge improvements for patients. Both passed by wide margins in the House, and now we are down to the final steps in the Senate.
The bill includes an amendment that prohibits the Department of Justice — which includes the Drug Enforcement Administration — from using funds to interfere with state medical marijuana laws. A similar amendment has been offered seven times in Congress, failing in 2003, 2004, 2005, 2006, 2007, and 2012. The House finally approved it in May when it was offered by Rep. Dana Rohrabacher (R-CA) as an amendment to the Commerce, Justice, Science, and Related Agencies Appropriations Act.
The federal spending bill also prohibits the U.S. Justice Department from interfering with state-level hemp laws.
Unfortunately, the bill also contains a provision that is meant to interfere with the implementation of Washington, D.C.’s recently approved marijuana initiative, and effectively blocks the District from regulating marijuana.
The survey found Americans split on the question of full legalization, with 50 percent supporting versus 47 percent opposed. However, the poll did find that six in ten respondents said that states, not the federal government, should decide whether to make marijuana legal. Moreover, 67 percent of Americans said Congress should go further and specifically carve out an exemption to federal marijuana laws for states that legalize, so long as they have a strong regulatory system in place.
How this would work for marijuana is detailed in an exhaustive forthcoming study in the UCLA Law Review. In short, Congress could allow states to opt out of the Controlled Substances Act provisions relating to marijuana, provided they comply with regulatory guidelines issued by the Department of Justice.
This is already the de-facto federal policy toward Colorado, Washington, Alaska, and Oregon, although it cannot become a formal policy without an act of Congress. Third Way heartily endorses this approach, as it represents a “third way” between the current policy of outright prohibition, and the full legalization route favored by marijuana reform activists.
It is time for Congress to get out of the way and let states determine what marijuana policies work best for them.
Registered patients and medical representatives attended last Wednesday’s hearing in Hartford calling for four additional medical conditions to be legally treated through medical marijuana. Members of the public gave testimonies before the board petitioning for the recognition of each of the conditions — sickle cell disease, Tourette Syndrome, psoriasis arthritis and Post-Laminectomy Syndrome — a common issue following back surgery.
The meeting concluded with the proposal left unresolved, allowing for additional testimonies and materials to be submitted to the board before Dec. 12. Commissioner of Consumer Protection William Rubenstein said that the board’s next meeting in January will deliberate on the petitions and decide whether to add the conditions.
If the board approves these conditions, members must take further steps before the additions become formally recognized. Rubenstein noted that a letter of recommendation must be submitted by the board to the commissioner of Consumer Protection before another public hearing is held. The motion will be approved only after a regulations review by the general assembly, he said.
Having only just been implemented in September, Connecticut’s medical marijuana statute allows for members of the public to request other debilitating conditions be added to the original 11 eligible for medical marijuana. However, other states have similar policies that have already been amended to include additional medical maladies.
Now that Connecticut’s medical marijuana program is underway, the state’s lawmakers must approve the expansion of coverage so that patients with conditions that could be treated with the use of medical marijuana receive their medicine and symptomatic relief as well.