Nevada state lawmakers approved a bill Monday that will establish a state-regulated system of dispensaries to provide medical marijuana to licensed patients. It will now be transmitted to Gov. Brian Sandoval for his signature, and he has said he is open to dispensary legislation.
MPP's Karen O'Keefe, who testified in support of the bill, was featured in a story by Reno's Fox affiliate station:
"Nevadans with serious illnesses who are using medical marijuana under the supervision of their doctors should have a safe and legal way to obtain it," said Karen O'Keefe, director of state policies for the Marijuana Policy Project. "We applaud the Nevada Legislature for taking action to protect patients and promote a safer and healthier state for their constituents.
"We are hopeful that Gov. Sandoval will join legislators and the voters of Nevada in supporting a system of state-regulated medical marijuana dispensaries that is long overdue," O'Keefe said. “Regulating medical marijuana works."
SB 374 establishes rules and regulations for medical marijuana dispensaries, infused product manufacturers, cultivation facilities, and testing facilities. In addition to standard sales taxes, medical marijuana will be subject to excise taxes of 2% on wholesale sales and 2% on retail sales, of which 75% will be directed to education and 25% will be directed toward implementing and enforcing the regulations.
Currently, patients must grow their own marijuana or have it grown for them by a physician-approved caregiver despite the constitutional amendment approved by voters in 1998 and 2000 requiring the legislature to set up a medical marijuana program that includes appropriate methods of supplying medical marijuana to qualified patients. In 2012, Clark County District Judge Donald Mosley called the state's current system "absurd," "ridiculous," and unconstitutional. Apparently the legislature agreed. Let's hope the governor will, too.
Despite the fact that black and white Americans use marijuana in comparable numbers, a new analysis of federal data performed by the American Civil Liberties Union (ACLU) found that blacks were nearly four times as likely as whites to be arrested for marijuana possession in 2010. The report is the most comprehensive national examination of marijuana arrests by race and by county.
According to the ACLU:
"The aggressive enforcement of marijuana possession laws needlessly ensnares hundreds of thousands of people into the criminal justice system and wastes billions of taxpayers’ dollars. What’s more, it is carried out with staggering racial bias. Despite being a priority for police departments nationwide, the War on Marijuana has failed to reduce marijuana use and availability and diverted resources that could be better invested in our communities."
The statistics in Washington, D.C. and Maryland were particularly staggering. The former had the country’s highest arrest rate for marijuana possession arrests – more than three times the national average – and the latter had the fourth highest rate. Blacks accounted for 91% of possession arrests in D.C. and were more than eight times more likely to be arrested than whites. In Maryland, blacks accounted for 58% of possession arrests and were more than three times more likely to be arrested than whites. In Baltimore City, they were more than five-and-half times likely to be arrested than whites.
The disproportionality of marijuana enforcement is just one more pebble on the mountain of evidence that exposes our nation’s marijuana policy for what it is: broken.
ACLU, law enforcement, marijuana, Research, Tax and Regulate
Three weeks after the World Anti-Doping Agency (WADA) raised the testing threshold for marijuana metabolites from 15 nanograms per milliliter to 150 ng/ml, the UFC announced that it would follow suit.
The new rule will go into effect for all UFC regulated international events, including events held in Brazil.
The announcement came during last Friday’s meeting of the Nevada State Athletic Commission's Steroid and Drug Testing Advisory Panel, which took place in Las Vegas.
“When we self-regulate around the world, we are going to go the WADA standard of 150," said UFC Vice President of Regulatory Affairs Marc Ratner. "So we're starting that immediately."
[caption id="attachment_6517" align="alignright" width="160"] Marc Ratner[/caption]
There has been much outcry from the mixed martial arts (MMA) community over the organization’s - and state athletic commissions’ - severe stance on marijuana. The previous threshold of 15ng/ml resulted in Nick Diaz’s suspension and fine, Matt Riddle’s dismissal from UFC, Alex Caceres’ six-month suspension, and Pat Healy's $130,000 loss in bonuses. The criticism has not been limited to the world of mixed martial arts, however. In March, MPP and boxing advocates publicly decried the $900,000 fine levied on Julio Cesar Chavez Jr. with a Las Vegas billboard and a petition to the Nevada State Athletic Commission.
The UFC’s evolving opinion of the drug is a positive step in protecting athletes who choose to use a safer substance than alcohol and it will enable regulators to focus their efforts on detecting competitors who take potentially dangerous performance-enhancing drugs. Now is the time for athletic commissions around the country to do the same.
Alex Caceres, J, Julio Cesar Chavez Jr., Marc Ratner, Matt Riddle, Nevada, Nevada State Athletic Commission, Nick Diaz, NSAC, Pat Healy, UFC, Ultimate Fighting Championship, WADA
On Thursday, in a 36-21 vote, Oregon lawmakers approved a bill that would allow individuals suffering from post-traumatic stress disorder (PTSD) to register for medical marijuana cards.
Currently, Oregon’s medical marijuana program only permits patients with certain debilitating medical conditions such as cancer, glaucoma, HIV/AIDS, and Alzheimer's disease to register. Senate Bill 281 would add PTSD to this list.
According to the National Center for PTSD, approximately 5.2 million adults in the nation suffer from the anxiety disorder during a given year.
[caption id="attachment_6512" align="alignright" width="180"] Rep. John Lively[/caption]
Rep. John Lively (D-Springfield) revealed that he personally suffered from PTSD; he also has family and friends with the anxiety disorder. Rep. Lively’s fellow lawmaker Rep. Jim Weidner (R-Yamhill) stated that his son, who served in Iraq, had three friends who committed suicide.
The bill now heads to Gov. John Kitzhaber for approval.
MPP supports the state’s effort to help veterans and others trying to cope with PTSD and hopes Gov. Kitzhaber will make Senate Bill 281 a reality so that patients and their doctors have the opportunity to decide what treatment works for them.
Jim Weidner, John Kitzhaber, John Lively, Oregon, PTSD, Senate Bill 281
UPDATE: Katz wrote this article Thursday explaining his voting history and personal feelings about medical marijuana.
On Wednesday, in an unofficial 80-59 vote, the New York Assembly passed legislation to reduce the penalty for publicly holding a small amount of marijuana. Only one Republican assembly member voted in favor of the bill: Steve Katz.
[caption id="attachment_6508" align="alignright" width="158"] Assemblyman Steve Katz[/caption]
Originally a staunch prohibitionist, Katz voted against allowing medical marijuana in 2012, but a brush with the law this past March seems to have brought about a change of heart.
The state police stopped Katz for speeding on the state thruway and subsequently found less than 25 grams of marijuana in his vehicle; he later failed a drug test. Fortunately for the assemblyman, in accordance with a favorable plea deal, his drug charges will be dismissed after he completes a mere 20 hours of community service (and keeps out of legal trouble for six months).
Katz declined to discuss his vote on Wednesday when approached in the Assembly chamber. However, he did issue a statement later in the day saying he hopes the bill leads to "a broader discussion of our state's policies."
The bill, if passed, would lower the penalty for the public possession of less than 15 grams of marijuana from a misdemeanor to a violation. It now faces an uncertain fate in the Senate.
assembly, medical, New York, NY, possession, Republican, Steve Katz
The imprisonment of Jerry Duval, a seriously ill medical marijuana patient convicted of distributing the drug, could cost taxpayers upwards of $1.2 million, reports the Huffington Post.
Duval suffers from Type 1 diabetes. He has received both a kidney and a pancreas transplant, and he also lives with glaucoma and neuropathy. Consequently, he has a strict medical regime, which prior to his arrest included medical marijuana.
Despite the fact that Duval was a registered Michigan medical marijuana cardholder acting in compliance with state law, the Department of Justice (DOJ) brought the ailing farmer to court.
During the trial, Duval was not allowed to refer to his medical condition or the fact that he was acting in accordance with Michigan law, and in April 2012, he was found guilty of drug trafficking and given a 10-year sentence, which he will serve in a federal medical facility.
Now, Duval’s healthcare falls on taxpayers.
“The annual cost to preserve my kidneys and pancreas alone tops $100,000,” wrote Duval in a request for compassionate release.
“In addition, I require treatment for coronary artery disease and diabetic retinopathy, which has forced me to undergo nearly two-dozen eye surgeries. These expensive optical procedures will likely need to be repeated several times during the decade that I am in BOP custody.”
Once again, the DOJ’s refusal to acknowledge state laws has devastated a family and misused taxpayer dollars.
DOJ, glaucoma, Huffington Post, Jerry Duval, kidney, Michigan, neuropathy, pancreas
[caption id="attachment_6498" align="alignright" width="139"] Sen. Tick Segerblom[/caption]
Yesterday, the Nevada Senate passed SB 374, which would allow and regulate medical marijuana dispensaries and growers in the state. Sponsored by Sen. Tick Segerblom, the bill received a 17-4 vote — well above the 2/3 votes needed to advance the bill to the Assembly. The legislature is scheduled to adjourn by early Tuesday morning, so time is running short.
Despite the constitutional rights established in Article IV, Section 38 of the Nevada Constitution, the legislature failed to provide seriously ill patients with a way to obtain medical marijuana — other than growing it themselves or finding a volunteer to do so. SB 374 aims to fix that shortfall by authorizing and regulating producers and providers.
There are still several critical steps ahead for this bill. If you are a Nevada resident, please ask your assembly member to support SB 374.
assembly, dispensary, Nevada, SB 374, Senate, Tick Segerblom
Yesterday, Louisiana state Rep. Austin Badon’s HB 103, a bill that would reduce marijuana possession penalties for second and subsequent offenses, passed the House 54-38.
Unfortunately, time is running short on this year’s session. The Louisiana Legislature plans to adjourn June 6, so the Senate must act quickly to pass this sensible reform.
[caption id="attachment_6494" align="alignleft" width="158"] Rep. Austin Badon[/caption]
Rep. Badon’s proposal has been weakened somewhat since the last vote, but it’s still a solid step in the right direction. As approved by the House yesterday, HB 103 would change the maximum sentence for a second possession offense to two years rather than five; a third offense would carry a five-year maximum sentence instead of 20; and the maximum sentence for a fourth offense would be set at eight years rather than life. In addition to lowering penalties and possible incarceration time for marijuana possession offenses, the proposal would also remove marijuana possession from the list of offenses that receive mandatory minimum sentences.
If you are a Louisiana resident, please ask your senator to support this sensible legislation.
The New Hampshire Senate voted 18-6 last week to pass HB 573 and send it back to the House. Unfortunately, after hearing a number of objections from Gov. Maggie Hassan, the Senate had little choice but to amend the bill in ways that will be bad for patients. The Senate removed home cultivation from the bill, gutted the affirmative defense provisions that would have immediately given patients a defense they could raise in court, and adopted other changes that are detailed here (some of which would actually render the bill unworkable if not corrected).
[caption id="attachment_6484" align="alignright" width="210"] Gov. Hassan[/caption]
The bill will now return to the House, which we expect will disapprove of the Senate’s amendments. This means a “committee of conference” will be formed, in which a special committee of representatives and senators will work to agree on a final version of the bill that will move forward to the governor’s desk.
Gov. Hassan has been quoted saying she is still open to listening and learning more, so if you are a New Hampshire resident, please call Gov. Hassan's office and politely urge her to reconsider her insistence on these provisions that will harm patients!
affirmative defense, HB 573, home cultivation, House, Maggie Hassan, New Hampshire, Senate
Governor John Hickenlooper signed the first bills in history to establish a regulated marijuana market for adults and initiate the development of a regulatory framework for the cultivation, distribution, and processing of industrial hemp. The four measures were approved by the General Assembly earlier this month in accordance with Amendment 64, a ballot measure approved by 55% of Colorado voters last November.
The Huffington Post reports:
"We applaud Gov. Hickenlooper for the initiative he has taken to ensure the world's first legal marijuana market for adults will entail a robust and comprehensive regulatory system" said Mason Tvert, director of communications for the Marijuana Policy Project, who served as an official proponent of Amendment 64 and co-director of the campaign in Colorado...
Tvert added: "Colorado is demonstrating to the rest of the nation that it is possible to adopt a marijuana policy that reflects the public's increasing support for making marijuana legal for adults."
The Colorado Dept. of Revenue now has until July 1 to develop the specific regulations necessary for implementation, and voters will need to sign off on the proposed tax levels in the upcoming November election. If all continues to go smoothly, state-regulated marijuana retail stores will begin opening their doors to adults 21 and older in January 2014.