On Friday, Florida Governor Rick Scott signed medical marijuana regulation legislation into law. The legislature passed SB 8A in a special session after the regular session ended without a bill to implement Amendment 2, which legalized medical marijuana and was supported by 71% of voters last year.
The new law outlines licensing for 10 new companies as growers by October, which would increase the statewide total to 17. The law also allows patients, with a doctor’s recommendation, to use medical marijuana in the form of pills, oils, and edibles. Patients may engage in vaping, but unfortunately, the law does ban smoking.
Additionally, the Department of Health is simultaneously working to regulate the amendment. Spokeswoman Mara Gambineri says the department is crafting rules to comply with SB 8A, “which provides a framework for patients to access marijuana safely.”
Amendment 2 gives health officials until July 3 to craft rules to regulate the amendment and until October 3 to implement those rules.
Amendment 2, Department of Health, Florida, Mara Gambineri, Rick Scott, SB-8A
On Thursday, Hawaii Gov. David Ige signed into law H.B. 1488, a bill to expand the existing medical marijuana dispensary program.
H.B. 1488 adds rheumatoid arthritis, lupus, epilepsy, and multiple sclerosis to the list of qualifying conditions and allows patients and caregivers to access testing facilities. Patients and caregivers will be allowed to cultivate three additional plants of any maturity, for a total of 10 plants. The phasing out of caregivers’ ability to grow marijuana plants for patients has been pushed back five years, to the end of 2023.
The new law, which goes into effect on June 29, also authorizes the Department of Health to permit current licensees to open one additional dispensary — for a possible total of 24 statewide — and allows them to cultivate more plants at their production sites. It also amends certain deadlines and relaxes overly restrictive laboratory standards to accelerate implementation.
With the updated regulations, laboratories should find it easier to meet the requirements for certification. Several dispensaries are ready to start serving patients but cannot do so until they can submit their products for the required testing.
Congratulations and thank you to Gov. Ige, the Drug Policy Forum of Hawaii, and all of the advocates and lawmakers who made these improvements possible.
David Ige, Department of Health, dispensary, epilepsy, H.B. 1488, Hawaii, laboratory, lupus, multiple sclerosis, qualifying conditions, rheumatoid arthritis
Yesterday, the Vermont Senate amended and passed H. 511, a bill that would make marijuana legal in Vermont. Unfortunately, the House rejected an effort to bring the bill up for consideration, and the veto session ended without further action. H. 511 will have to wait until the Legislature reconvenes — either later this year or in January — before it can pass the House and advance to the desk of Gov. Phil Scott.
A group of representatives led by Rep. Don Turner (R-Milton) delayed passage of H. 511 by opposing a vote to suspend rules and consider the bill. The vote to suspend rules — which required three-quarters of members to vote in favor — was 78-63, considerably short of the 107 votes that would have been needed to consider the bill.
If you are a Vermont resident, you can see how your representatives voted and send them a follow-up message.
The House voted to pass a similar bill earlier this year, so there is little question that H. 511 will pass when it is brought to a vote. Unfortunately, this may not be possible until the Legislature reconvenes in January. It’s also possible that the Legislature will hold a special session later this year, and the bill could be considered then.
On the bright side, H, 511 was not scheduled to take effect until July 1, 2018, so this delay may have no impact on the effective date of legalization.
Oklahoma will vote on medical marijuana in 2018! The Oklahoma Secretary of State has certified Question 788 for the ballot, meaning Oklahomans will finally have the opportunity to vote on medical marijuana in November of next year. After collecting enough signatures to qualify for the 2016 election, the group Oklahomans for Health faced legal difficulties when the state's attorney general took issue with the ballot summary of the new law.
After a hard-fought legal battle, Oklahomans for Health has come out on top, ensuring that the question will appear on the ballot in next year's election. Seventy-one percent of Oklahomans believe that marijuana should be legal for medical purposes. There are a multitude of studies that show that medical marijuana can help patients suffering from cancer, HIV/AIDS, multiple sclerosis, and other devastating conditions. These patients should not have to wait any longer or risk jail time to access treatments that may help them. Mark your calendar for November 6, 2018, then forward this message to let your friends and family know about this important development.
cancer, HIV/AIDS, initiative, multiple sclerosis, Oklahoma, Oklahomans for Health, Question 788, secretary of state
For the third time this year, the Vermont Senate has passed a marijuana legalization bill. This time, the bill has been revised to address Gov. Phil Scott’s concerns, and we have good reason to expect that he will sign it when it reaches his desk.
Unfortunately, it is not clear at all when the amended bill, H. 511, might receive a vote in the House. The House voted to pass a similar bill earlier this year, so there is little question that H. 511 will pass when it is brought to a vote. However, since the current veto session is scheduled to end tomorrow, the bill will not be considered unless three-quarters of House members vote to suspend the rules and allow consideration.
Republican House Leader Don Turner has said that his caucus will likely block the bill from being considered until 2018. Vermonters should not tolerate this attempt to obstruct a reform that has earned the support of the Senate, House, and governor.
“There is no good reason for the House to delay passage of this modest and sensible legislation,” MPP's Matt Simon said in a press release. “Now that Gov. Scott has agreed with the House and Senate that marijuana should be legal for adult use, House Republicans should follow the governor’s lead and vote to advance this compromise. Failing to waive the rules will only mean the marijuana regulatory commission has less time to do its important work.”
If you are a Vermont resident, please call your representatives right now, and urge them to push for an up or down vote on H. 511.
Don Turner, H. 511, Phil Scott, possession, study commission, Vermont, VT
Since the formation of the Joint Select Committee on Marijuana Legalization Implementation in Maine, a few bills have been progressing steadily.
The first bill is LD 243, which would transfer the authority to oversee adult-use marijuana from the Department of Agriculture, Conservation and Forestry to the Bureau of Alcoholic Beverages and Lottery Operations within the Department of Administrative and Financial Services (DAFS). The Bureau would be responsible for licensing adult-use marijuana businesses, in addition to creating and enforcing regulations. LD 243 also allocates $200,000 to the Joint Select Committee on Marijuana Legalization Implementation and $1.4 million to DAFS to implement Question 1. The bill is now sitting on the Appropriations table. Once appropriated, it will go to the governor’s desk for his signature.
The second bill they have been working on is LR 2391, which would create a framework for retail marijuana testing facilities. By setting up testing facilities first, Maine would hopefully avoid regulatory bottlenecks experienced in other states. Mandated marijuana testing means that enough laboratories are needed to test all the marijuana that will be sold in Maine. LR 2391 is on track to be passed before the Legislature adjourns today.
The Joint Select Committee will continue to meet in the summer and fall, after the Legislature adjourns. We will be working closely with the committee to make sure Maine’s adult-use marijuana program is set up swiftly and responsibly.
To receive updates directly from the committee, please sign up here.
Bureau of Alcoholic Beverages and Lottery Operations, Conservation and Forestry, Department of Administrative and Financial Services, Department of Agriculture, Joint Select Committee, LD 243, LR 2391, Maine, ME, Question 1
On Tuesday, the New York Senate took an important step toward improving the state’s medical marijuana program by passing S 5629, which would add post-traumatic stress disorder (PTSD) as a qualifying condition. The Assembly had already overwhelmingly passed an identical bill, A 7006. The bills now head to Gov. Andrew Cuomo’s desk.
MPP's Kate Bell said the following in a press release:
“State lawmakers are standing up for thousands of New Yorkers who are suffering from PTSD and might benefit from medical marijuana,” said Kate Bell, legislative counsel for the Marijuana Policy Project. “We hope Gov. Cuomo will do the same and sign this important legislation. With a single swipe of his pen, he can help countless people find relief.”
Gov. Cuomo has not yet indicated if he’s supportive. If you are a New York resident, please call him now at (518) 474-8390, and politely ask him to make this important treatment option available to patients! To make it easy, we have a sample script available here. You can also click here to send an email in support.
There are only two drugs that are FDA-approved to treat PTSD, and neither has been shown to be more effective than a placebo. Both of these drugs, and others commonly prescribed “off-label,” have dangerous side effects that cannabis does not. Many veterans suffer from PTSD, which is why the State Council of Veterans’ Organizations has come out in support of this bill. Shouldn't those who have served our country and others who have survived trauma have access to any treatment that might help ease their suffering?
Please ask Gov. Cuomo to allow New York to join the other 26 states — of the 29 states with medical marijuana programs — that include PTSD as a qualifying condition by signing this legislation.
A 7006, Andrew Cuomo, New York, PTSD, S 5629, State Council of VeteransÕ Organizations
PNC Bank notified MPP that it would be closing our accounts on July 7. The bank cited federal prohibition and the fact that some of our donors are involved in legal, regulated marijuana businesses as the reason for closing the accounts.
CNN Money reports:
The organization does not deal directly with the sale or distribution of marijuana, Tvert said. But the 22-year-old lobby group does receive money from state-legal marijuana businesses that pay taxes.
Marijuana remains illegal in the eyes of the federal government, though medical marijuana is legal in 29 states and recreational pot is legal in eight states and the District of Columbia. Banks are supposed to adhere to federal law, so many of them shun state-legal marijuana businesses, forcing some of those businesses to deal in cash.
[MPP's Mason] Tvert said he wonders why a bank would have a problem dealing with an organization that receives money from marijuana businesses when those businesses pay taxes.
"We receive contributions from state regulated marijuana businesses ... that are paying taxes," he said. "Yet we don't see anyone shutting down the federal government's bank account or state or local governments' bank accounts. We have moved so far toward legitimizing this industry yet we are still seeing these kinds of ridiculous situations that need to be addressed."
MPP has secured alternative banking options and will be moving forward with our efforts to end marijuana prohibition.
At a press conference today, the Pennsylvania Department of Health announced the recipients of the first round of medical marijuana business permits. A total of 12 cultivation and processing permits were awarded, two in each of six designated regions.
The department received approximately 177 applications for this type of permit. The announcement of up to 27 dispensary permit recipients will be made before the end of June.
Act 16, the Pennsylvania Medical Marijuana Act, allows for up to 25 grower/ processor permits and up to 50 dispensary permits. The department is expected to issue additional permits after evaluating where additional medical cannabis access is necessary. If program implementation maintains its current pace, dispensaries should be able to begin serving patients in less than year. The department recently released regulations for doctors, but has yet to release regulations for patients wishing to participate in the program. The registry for doctors will be available in July.
cultivation, licensing, Pennsylvania Department of Health, Pennsylvania Medical Marijuana Act, processing
Earlier this year, New Mexico Governor Susana Martinez vetoed H.B. 527, which would have strengthened and expanded the state’s medical cannabis program. Among other changes, the bill would have created legal protections for agency staff and employees of labs, product manufacturers, and others; added protections for patients visiting from other medical cannabis states; and expanded qualifying medical conditions.
Patients and their families then called on Health Secretary Lynn Gallagher to adopt similar provisions, which the Medical Cannabis Advisory Board had already recommended. Despite the support of the board and the Legislature, Secretary Gallagher announced that she is rejecting most of the recommended changes, while reserving judgment on some issues.
Although this development is deeply disappointing, the fight isn’t over. Marijuana policy reform is always a difficult battle, but across the country, medical programs continue to expand while public support grows stronger.
Thanks to the hard work of advocates like our colleagues at the Drug Policy Alliance and other committed activists, an enormous amount of progress has already been made in New Mexico — which was the first state to explicitly allow medical marijuana for PTSD. With continued determination, more improvements will surely be on the horizon.
H.B. 527, Health Secretary, Lynn Gallagher, Medical Cannabis Advisory Board, New Mexico, NM, PTSD