There are many people suffering from PTSD who have tried treating their symptoms with marijuana and have found it to be far more effective than the prescription pharmaceuticals they had been directed to use. Unfortunately, there is little scientific research to support their claims, and the federal government recently denied permission to study the potential benefits of marijuana for returning veterans.

If the law passes, Vermont will join New Mexico and Delaware as the only states to allow medical marijuana to be recommended for PTSD out of the 16 states (and the District of Columbia) that permit marijuana treatment for other conditions.

In June 2011, Vermont passed a bill that would regulate the establishment of four non-profit medical marijuana dispensaries throughout the state.

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Today, Arizona Gov. Jan Brewer (R) announced she will not re-file her lawsuit questioning the validity of Arizona’s medical marijuana program. She also announced that once litigation is resolved challenging the health department rules, her health department will begin issuing dispensary registrations.

Gov. Brewer’s announcement follows a January 4 ruling dismissing her lawsuit. Judge Susan Bolton agreed with the ACLU, Department of Justice, and other attorneys, and found that there was no genuine, imminent threat that state employees would be prosecuted. Bolton said that Brewer could re-file if the problems with her complaint were addressed.

The U.S. attorney for Arizona at the time the case was filed, Dennis Burke, sent a letter to the Arizona health department on May 2, 2011 that flew in the face of the Obama Administration’s stated policy of not targeting those complying with state medical marijuana laws. Burke’s letter said “the [federal] CSA may be vigorously enforced against those individuals and entities who operate large marijuana production facilities” even if they are in compliance with state laws, as well as those who “knowingly facilitate the actions of traffickers.” After receiving the letter, Gov. Brewer directed Arizona Attorney General Tom Horne to file the litigation requesting clarity, even though Burke told media outlets that his office would not target state employees.

Today, Gov. Brewer wrote the acting U.S. attorney for Arizona, Ann Birmingham Scheel, noting her plans to finally move forward. Brewer requested clarification as to whether there are any activities state employees should not engage in and said “the Department of Justice and the administration which you serve will have a lot of explaining to do to the citizens of our country, and State of Arizona employees in particular, if the State’s reasonable and straightforward requests for clarity are ignored, and the Department of Justice then ambushes State employees with prosecution or civil penalties for implementing the AMMA and licensing medical marijuana dispensaries.”

Now, only one governor is stubbornly refusing to move forward with implementing a duly enacted medical marijuana dispensary program: Gov. Lincoln Chafee (I) of Rhode Island. Here’s hoping he finally sees the light.

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As you no doubt have heard by now, all four U.S. attorneys in California announced on Friday that they plan to aggressively target state-legal medical marijuana providers for violations of federal law. With virtually no justification, the Obama administration is going to deny patients safe access to their medicine and force them back into the criminal market.

This new development is especially disturbing, considering President Obama’s previous position: In 2009, based on an earlier campaign pledge, his Justice Department issued a memo declaring that individuals acting in compliance with state medical marijuana laws would not be prosecuted. Now, the president has gone back on his word.

Please join supporters of medical marijuana everywhere by making a quick call to the White House and telling President Obama how you feel. Finally, pass this along to all your friends so that we can generate as many calls as possible in opposition to this new policy!

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Christie had left the program in limbo while he determined how to allow dispensaries and not attract attention from the federal government. This behavior has been mirrored in other states in response to letters from U.S. Attorneys intimating that they would no longer look the other way for anyone other than patients and individual caregivers, exposing the booming medical marijuana industry to serious risk. But Christie, himself a former U.S. Attorney, said that when he occupied that role, he would not have gone after dispensaries, as they are permitted in New Jersey’s medical marijuana law. This, and the fact that the program is perhaps the strictest and narrowest in the country, led him to believe that neither the state nor the dispensaries would face federal prosecution.

The governor did not consult with the current federal attorney for New Jersey, but does not think the department will waste it’s resources prosecuting state-approved, non-profit medical marijuana providers. Let’s hope he is correct.

Gov. Christie

It is very heartening to see state leaders moving ahead with permitting and regulating the medical marijuana industry so that patients will not be forced to purchase their medicine from the illicit market. So far, the Department of Justice has been fairly decent about respecting state law with regard to dispensaries as long as those states have clear regulations for the industry. Other states, particularly Rhode Island, should not fear federal interference for implementing regulated dispensary systems.

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On Wednesday, the Delaware Senate passed the final version of SB 17, which would allow people with certain medical conditions to use marijuana without fear of arrest. Medical marijuana patients are now waiting for Gov. Markell to sign the bill into law. The governor has stated that he supports the bill and is expected to approve it very soon.

Under the new law, patients 18 and over with cancer, HIV/AIDS, Alzheimer’s, PTSD, multiple sclerosis, or ALS would be permitted to use marijuana to treat their conditions with a recommendation from their doctor. While the law would not allow home cultivation, it does establish a regulated non-profit dispensary system to provide safe access for patients. There would initially be one dispensary in each of Delaware’s three counties.

If the bill becomes law, Delaware will become the 16^th state, in addition to the District of Columbia, to allow seriously ill patients to use marijuana.

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I am pleased to announce that the Senate has approved the amendments, and the bill is now on its way to the governor to be signed into law!

It is expected that Gov. Peter Shumlin will approve the bill. He has stated his support for marijuana reform publicly in the past and has been a consistent ally.

Hopefully, with Gov. Shumlin’s help, medical marijuana patients in Vermont will soon be able to access the highest quality medicine safely and affordably.

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Technically, these actions were in step with the Ogden memo, since Washington’s medical marijuana law does not explicitly allow and regulate dispensaries. Earlier this month, however, U.S. Attorneys warned Gov. Gregoire that they could still prosecute any medical marijuana businesses, even if they were allowed under the proposed bill. This prompted the governor to threaten a veto of the bill.

As if to illustrate their point, the DEA decided to start raids at a critical legislative juncture, which can only serve to compound the fears of nervous lawmakers and the governor.

Legislators should not allow this intimidation to affect their judgment. Several states have established licensed medical marijuana industries without seeing the type of aggression we are witnessing here. The key point to remember is that there is still no indication that the feds will go after medical marijuana businesses in states that have already established their legality. This means we need to pass laws protecting safe access as soon as possible!

Please contact Gov. Gregoire and ask her to stand up patients’ rights, and her state, by passing SB 5073.

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On Monday, 26 medical marijuana businesses throughout Montana were raided by task forces comprised of federal and local law enforcement. As usual, some arrests were made and anything of value seized as evidence under sealed warrants. Interestingly, these raids began within minutes of a vote that stalled the bill to repeal Montana’s voter-approved medical marijuana law. Patients and employees of medical marijuana businesses have been mobilizing with the help of Americans for Safe Access to respond to these strong-arm tactics.

This travesty was repeated Tuesday when the DEA and local law enforcement raided two West Hollywood dispensaries. This occurred shortly after a measure to tax medical marijuana businesses in Los Angeles passed, adding even more legitimacy to the industry there. (A video about the raids is at the bottom of this post, courtesy of ReasonTV.)

It should be noted that the Justice Department “Ogden Memo” instructs federal law enforcement not to spend resources going after medical marijuana businesses as long as they are following state law. Of course, the Justice Department thinks all these businesses were violating state law, but is that for them to decide, or the states?

From all accounts, the California dispensaries that were raided were model businesses. Unfortunately, Montana’s medical marijuana law is vague when it comes to dispensaries, but there are several bills currently being considered by the state legislature that would establish their legality and a system of tight controls. For the DEA to go in now like angry thugs, when the exact extent of the law is in a state of flux, is unacceptable.

The manner in which these raids are taking place is equally unacceptable. These businesses are trying to follow every law and pay their taxes like any other legitimate business. Yet, when their compliance is in question, the federal government attacks them with threats and violence, taking money and destroying property. Where else does this happen? If an automobile manufacturer accidentally miscalculates its taxes or unintentionally steps outside of an unclear law, charges are filed and the issue is dealt with in court peacefully. Federal agents don’t kick down the factory doors, destroy all the cars on the lot, or sell off the factory equipment. They don’t handcuff the autoworkers and force them to lie on the ground with guns in their faces.

This aggression toward medical marijuana businesses must stop.

Please click here to ask President Obama to stand by his promises and end the raids.

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Sen. Will Espero proposed a bill that would increase the number of plants a patient can personally grow from four to 10. Patients would also be able to designate a caregiver to grow the same amount of plants instead, and each caregiver would be able to take on up to four patients. This bill would also keep patients’ names and grow site locations private, and would allow a person with a qualifying condition to get a medical marijuana recommendation from a doctor other than his or her primary care physician.

A bill that would set up state-licenced compassion centers was also introduced by Sen. J. Kalani English. While the licensing fees and taxes for these businesses would be large, this proposal would be the first of its kind to allow dispensaries to provide marijuana to non-Hawaii residents who are legal medical marijuana patients in their home states.

Of course, the police are fighting this tooth and nail, and are trotting out the same old predictable arguments. According to Sen. Espero, Hawaii lawmakers aren’t buying it anymore. And neither is the new governor.

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*Implementing an annual fee for nonprofit producers based on how long the nonprofit has been operating (previously proposed 7 percent fee on gross annual revenue). The fees would be $5,000 for producers licensed less than one year, $10,000 for more than one year, $20,000 for more than two years and $30,000 for more than three years.

*Eliminating the proposed open and closed application periods

*Removing size requirements from definition of mature plant and size limits from definition of seedling

*Allowing nonprofit producers to get plants, seeds and useable cannabis from other licensed nonprofit producers

There are currently more than 2,800 registered medical marijuana patients in New Mexico, more than 1,200 of whom have individual permits to grow their own medicine.

Incoming New Mexico Gov. Susana Martinez (R) has vowed to repeal the state’s medical marijuana law, widely considered one of the tightest regulated in the country. Thankfully, such an act would first have to pass through the state legislature, which has remained supportive of the program.

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