Here is the second debate between MPP's Mason Tvert and prohibitionist Bishop Ron Allen on Fox & Friends, as promised.

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.

Earlier this week, the City Council of Lewiston, Maine voted unanimously to send an initiative that would make possession of marijuana legal for adults to the voters.

Citizens for a Safer Maine submitted more than 1,250 signatures to get the measure in front of the council, which had the options of adopting it or placing it on the ballot. Just 859 valid signatures of registered city voters were required. A similar measure will appear on the November ballot in South Portland, and the group has submitted more than the number of signatures required to place one on the ballot in York.

The initiative would make it legal for adults 21 years of age and older to possess up to one ounce of marijuana. It would remain illegal to consume or display marijuana in public. The measure also includes a statement in support of regulating and taxing marijuana like alcohol at the state level.

On Thursday, MPP's Mason Tvert appeared on Fox & Friends to discuss a law that was recently passed in Berkeley, California that directs medical marijuana dispensaries to donate a portion of their medicine to low-income patients. This idea did not sit well with noted prohibitionist Bishop Ron Allen:

Mason will be back on Fox & Friends this Saturday morning, where he will reportedly continue his discussion with Bishop Allen.

According to the Denver Post, for-profit companies will not be awarded funding for state-supported medical marijuana research, under the terms of the grant program released Wednesday. However, for-profit firms will be approved as subcontractors on grant proposals.

In the official request for applications, the Colorado Department of Public Health and Environment indicates that only certain institutions are qualified to apply as primary recipients for the $9 million in available research grant money to study the benefits of medical marijuana, including “not-for profit organizations, health care organizations, governmental entities and higher education institutions.” In addition, there is no requirement for eligible applicants to be based in Colorado.

Although Colorado Governor John Hickenlooper (D) already signed a bill in May allowing the state to fund up to $10 million for research into the medical efficacy of marijuana, health department officials are still hoping that researchers will be allowed, for the first time, to conduct clinical or observational trials using the kinds of marijuana products that are already available in Colorado’s medical-marijuana system.

“Colorado is a national leader in the development of new strains of marijuana and its component parts that appear to have promising therapeutic effects,” the application request states.

[MPP emphasis added]

However, restrictions limiting the applicants eligible for the grants, on top of existing concerns about federal funding and oversight, only further complicate the research proposals. All of the complications involved in the process demonstrate the federal government’s ongoing efforts to hinder the study of the benefits of medical marijuana.

According to a Denver Post story, Colorado is scheduled to begin administering significant funding for the largest ever state-supported medical marijuana research grant program starting in early 2015. It is anticipated that Colorado’s health department will release the program’s official request for applications sometime this week. The state expects to deliver $9 million geared towards research on the medical effects of marijuana. There is, however, skepticism over who will be able to accept funding for the research program due to marijuana’s federally illegal status.

[caption id="attachment_8006" align="alignright" width="150"] Dr. Larry Wolk[/caption]

At a recent meeting, several members of the health department questioned whether or not university-based researchers would be able to participate in the research program without first receiving approval from the federal government. Some members fear that the university review boards may disapprove of projects that are seen as being too controversial or as threats to the university’s federal funding, regardless of state-funded approval for the research.

As stated by the health department’s executive director, Dr. Larry Wolk, “It’s going to be a challenge for the applicant.” Although, Dr. Paula Riggs, a council member who is an addiction medicine specialist at the University of Colorado, said researchers can reduce that concern by getting approval from the Drug Enforcement Administration, but such approval typically takes a long time. “You can do it,” she said, “but you have to jump through hoops.”

[MPP emphasis added]

With the Governor of Colorado signing a law allowing the state to fund up to $10 million for research into the medical benefits of marijuana, the state has demonstrated its ability to jump through the federal government’s “hoops.” What remains now is the issue of eliminating the obstacles brought upon by the federal government in giving researchers the opportunity to investigate the benefits medical marijuana.

MPP’s voter guide for the New Hampshire primary election has now been published. Click here to find out if the candidates on your ballot agree it’s time for a more sensible approach to marijuana. The election will take place next Tuesday, September 9 — one week from today — so mark your calendars now and don’t forget to vote!

There are many contrasts between the primary election candidates on marijuana policy. This is especially true on the Republican ballot, where reform advocate Andrew Hemingway is seeking the nomination for governor over Walt Havenstein. The winner will face Governor Maggie Hassan, who has been a tremendous disappointment to supporters of marijuana policy reform.

If you’ve been following New Hampshire’s reform efforts in recent years, you know that the 400-member House has been far ahead of the 24-member Senate and the governor’s office. Fortunately, four senators decided to retire this year, and this election presents a number of opportunities to improve the Senate.

In addition to the race for governor, there are several Republican state senate primaries where candidates’ positions are very different. Some of these races are expected to be very close, so your vote and your friends’ votes could easily be the difference between electing a reformer and electing a prohibitionist.

The Illinois Department of Public Health began accepting patient applications today for the state’s medical cannabis pilot program. Applicants whose last names begin with the letters A through L may apply today through the end of October. Applicants with last names that start with M through Z may apply during the months of November and December. Beginning in January, applications for patient registry ID cards will be accepted for all applicants year-round.

Here are some useful links and information for patient applicants:

• Patients may sign up online here.
• For questions, the department’s Frequently Asked Questions are here.
• Patients may contact the department by phone at 855-636-3688, or by email at DPH.MedicalCannabis@illinois.gov.
• MPP has created resources for patients, including a summary of the law here, and a handout for physicians and patients who may have questions about medical cannabis registrations.

Applications for businesses are also now available. Final versions of the dispensary and cultivation center license applications, along with detailed instructions, are now available here. There is a narrow window to submit business applications. Both types of business applications must be received by their respective state agencies between September 8 and September 22.

[caption id="attachment_7997" align="alignright" width="212"] Gov. Terry McAuliffe[/caption]

Earlier this week, Virginia Governor Terry McAuliffe took a question about legalizing and regulating marijuana for adults’ use, as Colorado has done. While he is not “yet” supportive of this sensible policy change, he did use the question as an opportunity to express his support for medical marijuana. The Virginia General Assembly should follow suit by sending Gov. McAuliffe a comprehensive medical marijuana bill in 2015.

Virginia law already recognizes marijuana’s medicinal benefits, but, because of the way the law is written, patients are left without a legal way to access, possess, or even use their medicine without a change in federal policy. Virginia can and should enact a law similar to the laws in 23 states and D.C. that allow the terribly ill to use, possess, and access medical marijuana in state despite the failed and draconian federal prohibition.

If you are a Virginia resident, please email your lawmakers urging them to pass compassionate legislation.

Tuesday, September 9, is Primary Election Day in Rhode Island. With an open race for the top slot in the state, all eyes are on the gubernatorial primary races. Next year, the legislature will continue discussing whether Rhode Island should replace marijuana prohibition with sensible regulations, so it is important to know how the candidates for governor view the issue.

Democratic primary gubernatorial candidates: When asked in March, all three major candidates — Gina Raimondo, Angel Taveras, and Clay Pell — indicated that they are monitoring the effects of regulation and taxation in Colorado and Washington. However, all indications are that Taveras is the least open to marijuana regulation — he stated that he is “not currently supportive of legalization.” This is not too surprising considering Taveras has received public support from prominent marijuana prohibitionist and former Congressman Patrick Kennedy.

Republican primary gubernatorial candidates: On the Republican side of the coin, Ken Block has said he will withhold judgment until he can “see the results in Colorado and Washington.” His opponent, Allan Fung, not only opposes “the legalization of marijuana for recreational use,” but also makes no mention of even being interested in results from Colorado and Washington.  

If you are a Rhode Island resident, please get out and vote on Tuesday, September 9, and pass this message on to other Rhode Island voters who support humane and fiscally sound marijuana policies. The New York Times agrees that regulation — not prohibition — is the more sensible approach to marijuana policy; we hope the next governor of Rhode Island does, too.