After lengthy delays, the Maryland Medical Cannabis Commission is finally opening the patient registry in a phased rollout beginning on Monday, April 10. Please see below for the full announcement from the Commission. Dispensaries are required to be operational by December 9, 2017.

IMPORTANT NOTE: MEDICAL CANNABIS IS NOT AVAILABLE YET IN THE STATE OF MARYLAND. Pre-approved growers, processors, and dispensaries are still constructing their businesses, and depending on the date these operations commence, the Commission expects that medical cannabis will be available to qualifying patients by the end of summer 2017. The Commission will make a public announcement once medical cannabis is available to the public, and dispensary locations will be listed on the website.

This phased early rollout will allow patients time to establish a bona fide doctor-patient relationship months before any medicine is available. Open enrollment will officially begin on Monday, April 24.

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North Dakota Sen. Rich Wardner’s medical marijuana bill, SB 2344, continues to work its way through the North Dakota Legislative Assembly, being revised and improved along the way. While an earlier version of the bill would have significantly harmed patients, the current version — which passed the House in early April— leaves more of the will of the voters intact. Voters overwhelmingly voted in favor of establishing a medical marijuana program last November, in a margin greater than the support received by President Trump.

The current version of the bill, which you can read about here, allows whole plant cannabis and other preparations, but does not permit extracts or edibles. Advanced practice nurses will now be able to issue certifications to patients, though 18-year-olds will still need their parents’ permission to enroll. Unfortunately, the bill would eliminate the tightly controlled home cultivation provision that was included in Measure 5, along with the petition process to expand the list of qualifying conditions. However, terminal illnesses will be added to the program, along with critical legal protections originally missing from the voter initiative.

While MPP still believes the current version of the bill has severe limitations, we are pleased that the bill has improved, and recognize that clear legal protections are an essential element of medical cannabis laws.

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West Virginia is on the verge of becoming the next state with an effective medical marijuana law!

The bill received final approval in the West Virginia Legislature on Thursday and is headed to the desk of Gov. Jim Justice. He has publicly expressed support for legal access to medical marijuana and is expected to sign the bill into law, making West Virginia the 29th state to adopt an effective medical marijuana law.

SB 386, titled the West Virginia Medical Cannabis Act, charges the Bureau of Public Health with regulating medical marijuana growers, processors, and dispensaries. Patients with specifically listed qualifying medical conditions will be allowed to use extracts, tinctures, and other preparations of marijuana, but not marijuana in flower or leaf form. This differs from the original version of the bill and the medical marijuana programs in most other states. A summary of SB 386 is available at http://bit.ly/2nbUAq3.

MPP issued the following statement in a press release:

“Some of the House amendments to the bill are concerning, but it still has the potential to provide relief to thousands of seriously ill WestVirginians,” said Matt Simon of the Marijuana Policy Project, who is a West Virginia native and graduate of West Virginia University. “We commend the Legislature for passing this compassionate and much-needed legislation, and we encourage Gov. Justice to sign it into law.

“This will be an important and, in some cases, life-saving program,” Simon said. “It is critical that the state implement it promptly. We are committed to working with officials to make sure the program is as effective as possible and to get it up and running in a timely fashion. Many patients cannot afford to wait much longer.

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Governors of the first four states that legalize marijuana for adults sent a letter to Trump administration officials this week asking them to respect their states' marijuana laws.

In the letter, Alaska Gov. Bill Walker, Colorado Gov. John Hickenlooper, Oregon Gov. Kate Brown, and Washington Gov. Jay Inslee ask Attorney General Jeff Sessions and Treasury Secretary Steven Mnuchin to adhere to Department of Justice's 2013 Cole Memorandum and Financial Crimes Enforcement Network (FinCEN) guidance, which were distributed under the previous administration.

Some key excerpts are below, and you can read the full letter here.

As governors of states that have legalized marijuana in some form, we ask the Trump Administration to engage with us before embarking on any changes to regulatory and enforcement systems. The balance struck by the 2013 Department of Justice Cole Memorandum (Cole Memo) has been indispensable – providing the necessary framework for state regulatory programs centered on public safety and health protections.

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[W]e have committed to implementing the will of our citizens and have worked cooperatively with our legislatures to establish robust regulatory structures that prioritize public health and public safety, reduce inequitable incarceration and expand our economies.

The Cole Memo and the related Financial Crimes Enforcement Network (FinCEN) guidance provide the foundation for state regulatory systems and are vital to maintaining control over marijuana in our states. Overhauling the Cole Memo is sure to produce unintended and harmful consequences. Changes that hurt the regulated market would divert existing marijuana product into the black market and increase dangerous activity in both our states and our neighboring states.

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The Cole Memo and FinCEN guidance strike a reasonable balance between allowing the states to enact reasonable regulations and the federal government’s interest in controlling some of the collateral consequences of legalization.

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Voters in Kansas City — the largest city in Missouri and the sixth largest city in the Midwest — overwhelmingly approved a ballot measure on Tuesday to reduce the city's penalties for marijuana possession.

The Kansas City Star reports:

The measure lowers the maximum fine for marijuana possession in city court to $25 from $500 and eliminates jail time as a penalty. Under the old ordinance, a sentence of 180 days was possible.

The change applies only to cases in Kansas City Municipal Court in which defendants possessed 35 grams or less of marijuana — about 1 1/4 ounces.

The issue landed on the ballot through a petition drive led by the Kansas City chapter of the National Organization for the Reform of Marijuana Laws. Jamie Kacz, executive director of NORML KC, said residents who signed the petitions sent a message that they don’t want people jailed or fined heavily for marijuana offenses.

 

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The ballot measure also eliminates city charges for possession of marijuana-related paraphernalia, which carried penalties of 15 days to six months in jail and fines from $100 to $500.

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A bill that would allow patients with certain debilitating conditions to access medical marijuana if their doctors recommend it was approved by the West Virginia House of Delegates on Tuesday. SB 386 passed 76-24 on third reading after being revised on second reading.

SB 386 was originally introduced by Sen. Richard Ojeda (D-Logan) in the Senate, where it was approved 28-6 last week. The House version of the bill, which is titled the West Virginia Medical Cannabis Act, would charge the Bureau of Public Health with regulating medical marijuana growers, processors, and dispensaries, while the Senate version would set up a 16-member independent commission. Under the amended House bill, patients with specifically listed qualifying medical conditions could use extracts, tinctures, and other preparations of marijuana, but not marijuana in flower or leaf form. This differs from the Senate version of the bill and most of the other state medical marijuana programs.

MPP issued the following statement in a press release:

“The Legislature has answered the prayers of many seriously ill West Virginians and their families,” said Matt Simon of the Marijuana Policy Project, who is a West Virginia native and graduate of West Virginia University. “This could be life-saving legislation for some patients. We commend House members for working diligently to make sure it passes this year, but we urge the Legislature to continue efforts to make sure the program truly works for the seriously ill and to ensure it does not unnecessarily drive up costs.”

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A proposal to reduce penalties for marijuana possession in Texas received bipartisan approval from the House Criminal Jurisprudence Committee on Monday and will soon be scheduled for a full vote in the House. The measure passed by a vote of 4-2, receiving support from two Democrats and two Republicans.

HB 81, authored by committee Chairman Joe Moody (D-El Paso) and Rep. Jason Isaac (R-Dripping Springs) with 37 co-authors, would remove the threat of arrest, jail time, and a criminal record for possession of up to one ounce of marijuana and replace them with a civil fine of up to $250. Under current Texas law, individuals found in possession of less than two ounces of marijuana can be arrested and given a criminal record, and they face up to six months in jail and a fine of up to $2,000.

“This is a bipartisan proposal that represents a moderate shift in how Texas manages low-level marijuana offenses,” said Heather Fazio, a spokesperson for Texans for Responsible Marijuana Policy in a press release. “The state’s current policy of arresting and jailing people for simple marijuana possession is completely unwarranted. Law enforcement officials’ time and limited resources would be better spent addressing serious crimes."

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A proposal to reduce penalties for marijuana possession in Texas received bipartisan approval from the House Criminal Jurisprudence Committee on Monday and will soon be scheduled for a full vote in the House. The measure passed by a vote of 4-2, receiving support from two Democrats and two Republicans.

HB 81, authored by committee Chairman Joe Moody (D-El Paso) and Rep. Jason Isaac (R-Dripping Springs) with 37 co-authors, would remove the threat of arrest, jail time, and a criminal record for possession of up to one ounce of marijuana and replace them with a civil fine of up to $250. Under current Texas law, individuals found in possession of less than two ounces of marijuana can be arrested and given a criminal record, and they face up to six months in jail and a fine of up to $2,000.

Heather Fazio, spokesperson for Texans for Responsible Marijuana Policy, released the following statement:

“This is a bipartisan proposal that represents a moderate shift in how Texas manages low-level marijuana offenses. The state’s current policy of arresting and jailing people for simple marijuana possession is completely unwarranted. Law enforcement officials’ time and limited resources would be better spent addressing serious crimes.

No one should be saddled with a lifelong criminal record simply for possessing a substance that is less harmful than alcohol,” Fazio said. “Texans overwhelmingly agree that the punishment for simple marijuana possession should be reduced to a simple fine.”

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Legislation was introduced in the Senate and House of Representatives on Thursday that would end marijuana prohibition at the federal level and replace it with a system in which marijuana is regulated and taxed similarly to alcohol.

Bills filed by Sen. Ron Wyden (D-OR) and Rep. Jared Polis (D-CO) would remove marijuana from the Controlled Substances Act, leaving states to determine their own marijuana policies, and impose federal regulations on marijuana businesses in states that choose to regulate marijuana for adult use. Wyden’s bill would also enact a federal excise tax on marijuana products. In the House, the tax is being proposed in a separate bill introduced by Rep. Earl Blumenauer (D-OR).

Wyden and Blumenauer also filed marijuana policy “gap” bills that would eliminate many of the collateral consequences associated with federal marijuana convictions without removing marijuana from the Controlled Substances Act.

An additional bill filed by Wyden with Sens. Rand Paul (R-KY) and Michael Bennett (D-CO) would reform section 280E of the U.S. Tax Code to allow state-legal marijuana businesses to deduct ordinary and necessary business expenses from their federal taxes. A companion bill was filed in the House by Rep. Carlos Curbelo (R-FL) and Rep. Blumenauer.

MPP Director of Federal Policies Robert Capecchi issued the following statement in a press release:

“This is commonsense legislation that will eliminate the growing tension between federal and state marijuana laws. Voters and legislatures are rolling back antiquated state marijuana prohibition policies, and it’s time for Congress to step up at the federal level. States are adopting laws designed to improve public safety by replacing the illegal marijuana market with a tightly regulated system of production and sales. The federal government should be working to facilitate that transition, not hinder it. It’s time for Congress to come to grips with the fact that marijuana is safer than alcohol, and most Americans think it should be treated that way.

“We commend Sen. Wyden and Reps. Polis and Blumenauer for proposing a sensible path forward. We hope their colleagues will take an objective look at the benefits of replacing prohibition with a system of regulation. There will surely be some members on the fence about this legislation, but consider it unthinkable that we would return to alcohol prohibition. They need to ask themselves why they are still clinging to the prohibition of a less harmful substance.”

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After years of advocacy on the part of MPP and our local partners, Delaware Rep. Helene Keeley and Sen. Margaret Rose Henry introduced HB 110, the Delaware Marijuana Control Act. The bill seeks to legalize and regulate cannabis for adults 21 years of age or older. The marijuana tax revenue would be used to fund education, public health campaigns, and to support re-entry campaigns for ex-offenders, among other programs.

An October 2016 poll by the University of Delaware found that 61% of state residents favor this important policy change. Now it is up to voters to let their lawmakers know they want to see them vote in favor of this bill!

In a press briefing to announce the bill’s introduction, sponsors of the bill — which enjoys bipartisan support — spoke about why they see this topic as a social justice issue, and how the failed “reefer madness” policy views of the past should come to an end.

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