Tag Archives: Department of Justice

New York Requests Federal Permission to Import Out-of-State Medical Marijuana

According to WSHU.org, New York’s health department is asking permission from the federal government to import out-of-state medical marijuana until its own program is able complete the regulatory process.

The program requires the health department to establish rules and license marijuana production companies. The health department, however, says that it will take until 2016 to get the program started.

Gov. Andrew Cuomo

Until then, New York Gov. Andrew Cuomo’s administration has requested the Department of Justice to permit importation of medical marijuana from states with existing functional programs.

Although the federal government could potentially grant such a waiver, or simply exercise prosecutorial discretion, patients in the Empire State should not hold their breath.

MPP’s Rachelle Yeung says the federal government has been slow to recognize the medical benefits of marijuana, and that Gov. Cuomo has been equally slow to implement medical marijuana.

“I don’t want to speculate as to his motivations, but as governor of the state of New York, there are ways to expedite the process without asking for special permission from the federal government.”

Furthermore, Yeung relays that it typically takes years for the federal government to allow researchers access to medical marijuana. To avoid this delay, she and other marijuana advocacy groups are urging Cuomo’s administration to accelerate the regulatory and production processes within the state.

Workers’ Compensation to Cover Medical Marijuana in New Mexico

According to the Courthouse News Service, medical marijuana recommended by a physician for an injured patient’s pain must be paid for by the patient’s employer and insurer, the New Mexico Court of Appeals ruled.

Despite marijuana’s federal classification as a controlled substance, the court concluded that New Mexico law grants Gregory Vialpando reimbursement for medical marijuana to treat the high-intensity pain that followed failed spinal surgeries caused by a workplace back injury. As the ruling states, Vialpando met the required threshold for payments under New Mexico’s workers’ compensation laws when his physician diagnosed medical marijuana as reasonable and necessary for his treatment. The August 29 decision is based on a lower court finding that Vialpando’s participation in the New Mexico Department of Health’s Medical Cannabis Program constitutes reasonable and necessary medical care, the requirement set for reimbursement by the state’s Workers’ Compensation Act.

Vialpando’s employer at the time of the incident, Ben’s Automotive Services, and health care provider, Redwood Fire & Casualty, argued that medical marijuana should be treated as a prescription drug. If it were, it would require a pharmacist or health care provider to dispense, which New Mexico’s medical marijuana program does not have, and thus, could not be paid for by worker’s compensation.

However, the appeals court found that although “medical marijuana is not a prescription drug,” if it were, “our analysis would lead to the same conclusion.” “Indeed, medical marijuana is a controlled substance and is a drug. Instead of a written order from a health care provider, it requires the functional equivalent of a prescription – certification to the program. Although it is not dispensed by a licensed pharmacist or health care provider, it is dispensed by a licensed producer through a program authorized by the Department of Health,” the court wrote.

Vialpando’s employer and insurer also argued that reimbursements would force them to commit a federal crime, or at least violate federal public policy. The appeals court rejected that, as well.

“Although not dispositive, we note that the Department of Justice has recently offered what we view as equivocal statements about state laws allowing marijuana use for medical and even recreational purposes.”

In terms of the next steps for New Mexico’s medical marijuana policies, the state is heading in the right direction considering legalization.

 

Delaware Governor Needs to Ease Plant Limits

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Gov. Jack Markell

MPP welcomed Delaware Gov. Jack Markell’s August announcement that he would implement the compassion center program, but our enthusiasm was tempered by the fact that he did so on the condition that the program was initially limited to one compassion center that could grow only 150 plants. Since his announcement, the Department of Justice has released new guidance, which makes it clear that these restrictions are unnecessary. If you are a Delaware resident, please call the governor’s office and urge him to remove this limit.

The plant limit will surely result in shortages, leaving patients without access to their medicine. Even states like New Mexico, where there are 23 dispensaries, have experienced shortagesPatients in Delaware need a viable program.

The medical marijuana law already limits the number of compassion centers to three for the entire state. The Department of Justice has indicated that plant numbers and size of dispensaries will not be triggers for enforcement action and other states have proven that these tax-paying entities can be properly regulated. The cap does nothing but jeopardize patient access.

John McCain Ready for Legalization?!?

According to Talking Points Memo, Sen. John McCain made some comments Thursday that some may find surprising:

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McCain’s comments could not have been better timed. Next week, the Senate Judiciary Committee will hold a hearing on the Justice Department’s new policy allowing states to move forward with taxing and regulating marijuana. Arizona’s other senator, Jeff Flake, is a member of that committee. Sen. Flake will have the opportunity to question Justice Department officials and help shape the future of federal policy on marijuana.

MPP’s Dan Riffle on Fox Business Network

On Tuesday, MPP director of federal policy Dan Riffle spoke with Fox Business Network about the Department of Justice announcement last week that the federal government will not interfere with the implementation of legal marijuana businesses in Colorado and Washington.

Here is the segment from “Markets Now”: