A battle is underway in Minnesota, where Gov. Mark Dayton is standing in the way of an otherwise widely supported medical marijuana bill because he does not want to upset his friends in law enforcement.

The governor is under intense pressure to support the bill, but time is running out in the legislative session, so we are cranking up the heat with an aggressive TV ad that will begin airing tonight throughout Minnesota. It features St. Paul mom Angela Garin and her five-year-old son, Paxton — who suffers from a rare condition that causes hundreds of seizures per day — calling on Gov. Dayton to stop blocking the legislation. It should make waves because the governor is currently under fire in the media fortelling patients and parents like Angela to just find medical marijuana on the street!

[caption id="attachment_7485" align="alignright" width="152"] Sen. Iris Martinez[/caption]

Last Tuesday, all eight members of the Illinois Senate Public Health Committee who were present at the public hearing voted to advance a bill that would add seizure conditions to the list of qualifying medical conditions to the state medical cannabis program. The bill, SB 2636, sponsored by Sen. Iris Martinez, would allow access to both adults and minors for this serious condition.

Unlike the 19 other states with workable medical marijuana laws, Illinois currently prohibits physicians from recommending the use of medical marijuana for seriously ill patients based on a seizure condition. It’s time for Illinois to stop leaving behind people with seizure conditions and the families that support them. Seizure patients and the parents of children with the condition should have safe access to a medicine that is safer than many pharmaceutical medications.

The New Jersey State Municipal Prosecutors Association now officially supports legalizing the possession of marijuana, which is quite an unlikely source of support, since they are the principle group who prosecutes marijuana users in the state.

[caption id="attachment_7482" align="alignright" width="157"] Jon-Henry Barr[/caption]

“Each week, New Jersey police officers arrest hundreds of citizens for the disorderly persons offense of possession of under 50 grams of marijuana,” said Jon-Henry Barr, president of the board of trustees of the Municipal Prosecutors Association. “Those arrested include professionals and many people who would never think of committing any type of serious, victim-related crime.”

In an interview with Kathleen Hopkins from the Asbury Park Press, Barr enumerated the reasons why a strong majority (seven out of ten) of the association wants to support the legalization of marijuana:

• Requests by prosecutors to analyze samples of marijuana are overwhelming the state’s drug-testing laboratories, sometimes leading to dismissals of cases when defendants invoke their rights to speedy trials;

• Studies show that marijuana is less addictive than alcohol, nicotine, and caffeine;

• Marijuana is easier for high school students to obtain than alcohol because the sale of alcohol is strictly regulated;

• Very few of the thousands of DWI cases prosecuted annually are for driving under the influence of marijuana;

• Statistics show that African Americans are four times more likely to be arrested for marijuana offenses than white people are, but there is no evidence to show there is disproportionately more marijuana use in minority communities;

• The state loses money by not collecting sales tax on marijuana, while drug dealers profit.

This much-needed support from the New Jersey State Municipal Prosecutors Association comes at a pivotal time in the state’s struggle to define its stance on marijuana. Two bills have recently been introduced; one bill permits citizens to carry an ounce or less of marijuana, while the other sets up a tax-and-regulate system.

The 18-year-old question as to whether or not legalizing medical marijuana causes an increase in crime seems to be answered in a recent study by a team of researchers from The University of Texas at Dallas this week. The results did not indicate a “crime exacerbating effect” of medical marijuana on any of the Part I offenses, which (according to the FBI) include homicide, rape, robbery, aggravated assault, burglary, larceny, and auto theft.

Alternatively, states with medical marijuana laws showed a reduction in homicide and assault rates. This is congruent to other studies by The National Academy of Sciences that found THC -- the active ingredient in pot -- actually causes a decrease in "aggressive and violent behavior" in chronic marijuana users.

"The findings on the relationship between violence and marijuana use are mixed and much of the evidence points toward reductions in violent behavior for those who smoke marijuana," Robert Morris, the study’s lead author, said in a recent interview with the Huffington Post. "In fact, researchers have suggested that any increase in criminality resulting from marijuana use may be explained by its illegality, rather than from the substance itself."

These findings run counter to arguments that suggest making marijuana legal for medical purposes poses a danger to public health, in terms of exposure to violent crime and property crimes.

On Wednesday, medical marijuana patients and advocates held an emotional press conference slamming Gov. Mark Dayton for bowing to law enforcement and stalling on a medical marijuana bill currently being considered in the Minnesota legislature.

Those present, several of them parents of children with severe forms of epilepsy who could benefit from medical marijuana, said the governor told them they should risk arrest and obtain their medicine from the illicit market.

"He told me, 'You can buy it on the street. It's decriminalized in Minnesota. There's a good distribution system here already,'" Jessica Hauser, 36, of Woodbury, told The Associated Press in an interview.

She said he also told her another option would be to buy it another state where medical marijuana was legal and bring it back to Minnesota.

"I told the governor that was unacceptable," said Hauser, who has another son who is 5. "I shouldn't have to become a criminal to help my son. I could lose both my children."

The latest round of Battleground polls by George Washington University found respondents (nationally) would be 40% “much more likely” to visit the voting booth if marijuana’s legalization status was on the ballot. Thirty percent of respondents would be “somewhat” more likely as well. This brings the numbers up to a total of about 70% of voters who would be more likely to vote this fall if marijuana was in question.

Considering midterm elections have historically had low voter turnout, politicians are keeping a watchful eye on those states that have marijuana policy initiatives in the upcoming election. The results are promising for Democrats, because they tend to have a rougher time than Republicans in getting voters out in non-presidential election years.

The study goes on to show that 76 percent of liberals said they would be more likely to vote if marijuana was on the ballot, compared to a 64 percent for conservatives and 61 percent for moderates.

For instance, in Florida, Republican Governor Rick Scott’s reelection campaign says the “spillover effect” from high voter turnout because of the medical marijuana ballot question threatens to weigh the scales against him. In fact, the state’s Republicans feel so threatened that they have filed a legal challenge to keep the referendum off the ballot.

“It’s an issue that the Democrats can use to pump up the youth vote,” said Alex Patton, a Republican political consultant and pollster based in Gainesville, Florida. “The politics of it are dangerous for the GOP.”

Recent polling released by the Marijuana Policy Project found more than two-thirds of Delawareans support replacing criminal penalties for possession of up to an ounce of marijuana with a $100 civil fine. The poll also found a majority of voters (51%) support making marijuana legal for adults, and regulating and taxing it like alcohol.

Under current Delaware law, it is a criminal offense for a person to possess a small amount of marijuana, and he or she can be sentenced to up to six months in jail and fined up to $1,150. Additionally, a conviction or even an arrest record can make it difficult to find a job, obtain educational opportunities, or even find adequate housing. 

Seventeen states and the District of Columbia have removed the threat of jail for possession of marijuana, including Colorado and Washington, where marijuana is now legal for adults 21 and older. Twelve other states are currently considering legislation to reduce penalties to a fine. Measures similar to those adopted in Colorado and Washington, which regulate and tax marijuana like alcohol, have been or will be introduced this year in 18 state legislatures plus the District of Columbia Council. In addition, one has been placed on the August ballot in Alaska.

The New Hampshire House Ways and Means Committee voted to amend HB 492, which would make marijuana legal and regulate it like alcohol, in order to simplify the tax structure and regulatory language. The committee then voted 14-5 to recommend that the House not pass the bill, which would also allow people 21 and older to possess up to an ounce of marijuana. The House is not bound by this recommendation, and will vote on whether the bill should progress to the Senate soon.

The committee’s amended bill taxes and regulates marijuana by imposing a standardized $60 per ounce tax on growers. Advocates claim the tax will generate approximately $25 to $30 million annually.

MPP’s Matt Simon commented that, “Even with a negative recommendation, this thoughtful amendment will make it much more likely that the bill will receive continued support from the rest of the Legislature. We are optimistic that New Hampshire lawmakers will recognize that their constituents do not want to see adults arrested for using a substance that is safer than alcohol.”

When the bill returns to the House, it will have a battle with its new amendments, especially since it passed the House with a 170-162 vote on January 15. Sixty percent of New Hampshire adults support HB 492, according to a WMUR Granite State Poll released in October by the University of New Hampshire Survey Center. Just 36% said they are opposed. The entire poll is available at: http://cola.unh.edu/sites/cola.unh.edu/files/research_publications/gsp2013_fall_gastaxpot102513.pdf.

On Monday, the House of Delegates passed Del. Cheryl Glenn and Del. Dan Morhaim’s medical marijuana bill in a 127-9 vote. This year, Maryland may finally become the 21st state with an effective medical marijuana law!

[caption id="attachment_7454" align="alignright" width="162"] Del. Cheryl Glenn[/caption]

The General Assembly already approved of a limited medical marijuana law last year. However, that program relied on the participation of research hospitals, and realistically would not have provided any patients with access to medicine.

This year’s medical marijuana bill, HB 881, does not rely on hospitals to implement the program, but instead allows certain physicians to recommend medical marijuana directly to their patients. It would also allow up to 10 cultivators to receive licenses to legally grow and distribute medical marijuana. Medical marijuana could be recommended to qualifying patients suffering from debilitating illnesses that produce severe pain, nausea, or seizures.

The Senate has traditionally been the more supportive of the two chambers, but we should not take their votes for granted.

Late last week, the director of Michigan’s Department of Licensing and Regulatory Affairs, accepted a recommendation that Post Traumatic Stress Disorder (“PTSD”) be added as a qualifying condition for Michigan’s medical marijuana program. This makes Michigan the eighth state where patients with PTSD qualify to use medical marijuana.

[caption id="attachment_7451" align="alignright" width="191"] Dir. Steve Arwood[/caption]

Department of Licensing and Regulatory Affairs Director Steve Arwood issued a press release last Friday, stating that he has decided to approve the recommendation, despite stating several concerns. Mr. Arwood ultimately chose to put his “trust in the medical professionals in Michigan to certify the use of medical marihuana for PTSD with the utmost care and attention to the patient seeking assistance.”

According to the Department of Veterans Affairs, PTSD will affect 7-8% of Americans at some point in their lives. In Michigan, that’s about three quarters of a million people. PTSD can be debilitating in all areas of a person’s life, impacting sleep, work, and relationships.

This decision would not have been made without all those who provided comments in support of adding PTSD to the medical marijuana program.