Sweeping changes include medical cannabis access for opioid patients, streamlined process, and others

Illinois’s medical cannabis program took a major step forward today as Gov. Bruce Rauner signed bill SB 336, the Alternatives to Opioids Act, into law.

This historic change makes several key improvements:

• Opioid patients now qualify. Patients who are — or could be — prescribed opioid drugs will be able to register to obtain medical cannabis as an alternative.

• Shorter wait times. Patients will get provisional authorization to access medical cannabis as soon as their paperwork is submitted for registration — saving weeks of wait time.

• No more fingerprint requirement! Patients and caregivers will no longer be required to submit fingerprints to register for the program, and those with felony convictions in their past will no longer be denied access to the program.

Many thanks go to bill sponsors Sen. Don Harmon and Rep. Kelly Cassidy, and the many medical cannabis patients and supporters who worked to pass this major improvement to state law. The full text of the measure is here.

In other news, if you are in the neighborhood, the public is invited to tonight’s town hall on cannabis legalization for adults in La Grange, Illinois.

When: Tuesday, August 28 7:00 p.m.

Where: La Grange Village Hall Auditorium, 53 S. La Grange Road, La Grange, Illinois

Who: Bill sponsor Sen. Heather Steans, Rep. Jim Durkin, and several other panelists

Another big win for medical cannabis patients today — please spread the word! And if you can, come to tonight’s town hall and support a sensible legalization law in Illinois!

Board seeks public input, with written comments due by November 1

The Marijuana Control Board, which oversees the state’s regulatory system for cannabis, has released proposed rules governing on-site consumption of cannabis at approved locations. Members of the public are invited to review and provide written comments on the proposed rules by 4:30 p.m. on November 1.

A link to the state’s page announcing the proposed rules is available here, and a copy of the rules themselves is here.

Under the proposal, a retailer in a freestanding location could obtain an endorsement to sell adults 21 or over up to a gram of cannabis, which could be consumed at the premises. Products containing up to 10mg THC could also be available, although concentrates would be prohibited. Retailers could provide non-alcoholic drinks and non-cannabis foods. Significant security and access provisions apply, but these seem reasonable.

The proposal would close a significant gap. Currently, adult consumers have nowhere to consume cannabis except in private residences, presenting significant problems for tourists visiting Alaska, who often don’t have access.

Written public comments are due no later than November 1. The board will also hold a public hearing, currently scheduled for December 19 in Anchorage. Those who want to provide comments in person are invited to present them at that time.

If you are an Alaska resident, please consider adding your voice in support of sensible rules for consumers, and help spread the word and forward this message to others in your network!

The Oklahoma Medical Marijuana Authority (OMMA) will begin accepting medical cannabis applications from patients and prospective businesses on Saturday at 10:00 a.m.! This will make it one of the quickest states to implement a medical marijuana law.

Application materials and FAQs are already available on the OMMA’s site, including for:

• Adult patients and caregivers
• Minor patients and their caregivers
• Visiting patients registered in other states (temporary applications); and
• Businesses

OMMA has also opened a call center, which is open Monday through Friday, 8.30 a.m. until 5:00 p.m. The number is 405-522-6662.

In other news, as you may have seen, the Board of Health and Gov. Mary Fallin signed off on revised final regulations. The revised regs fix the major problems — including by nixing a THC cap and the ban on sales of flower and edible marijuana.

Meanwhile, a legislative working group is continuing to meet on the issue, and the Food Safety Standards Board hasissued recommendations.

Unfortunately, some governmental bodies are moving to restrict patients’ rights: Oklahoma State and the University of Oklahoma are prohibiting medical cannabis on their campuses. And the Oklahoma State Bureau of Investigationupdated the state’s Self-Defense Act license application to warn individuals who use medical marijuana that they should answer “yes” when asked if they unlawfully use a controlled substance, which may prevent them from being licensed.

Please spread the word, so that Oklahoma patients can get the protections and safe access they deserve!

Two compassionate cannabis-related bills are advancing, and, if you’re a California resident, now is a good time to voice your support. Here’s a rundown:

AB 1793 would make expungement automatic for cannabis-related convictions that today are no longer considered crimes. It passed the Assembly in May, the Senate earlier today, and it’s now headed to Gov. Jerry Brown’s desk! If you live in California, let Gov. Brown know it’s time to repair the harm caused by outdated marijuana-war policy. Californians shouldn’t be branded with a scarlet letter for conduct that is now legal.

Meanwhile, SB 829 would waive cultivation fees for donations medical cannabis businesses make to low- or no-income patients. This bill passed the Senate on May 17 followed by three Assembly committees after that. Now it faces an Assembly floor vote. If you’re a Californian and you haven’t already, use this link to send a message to your Assemblymember in support.

Finally, it’s not too late to comment on proposed agency rules for cannabis businesses. For the proposed text, summaries, and contact info for submitting comments, visit the state’s website. Comments must be received by 5:00 p.m. on Monday, August 27.

Students in Illinois who require access to medical cannabis during school hours were granted relief earlier in August, when Gov. Bruce Rauner signed Ashley’s Law into law. This marked a major step forward for patients, including the new law’s namesake, Ashley Surin, who sought access to help manage her seizure condition. Another bill, which would allow those prescribed opioids to qualify for the state program, is still awaiting the governor’s signature.

The governor only has until August 28 to sign, amend, or reject the bill.

The Opioid Alternative Pilot Program Act, which passed on May 31, not only allows those who could be prescribed opioid drugs to qualify for the medical cannabis program, it also dramatically improves current law by streamlining wait times and removing fingerprint requirements for patients. For a summary written by bill supporters — including key changes to background checks and shortened approval process — click here. The final bill draft language is here.

Gov. Rauner needs to hear from those who support this important change. If you are an Illinois resident, please click here to send an email message to his office.

Heading to Burning Man? Here’s what you need to know about Black Rock City’s and Nevada’s marijuana laws.

If you are heading to Burning Man this year, you may be thinking about bringing cannabis to the playa, since Nevada has legalized marijuana. Not so fast! Before you head out, there are some important things you need to know:

• Burning man is held on FEDERAL land, and the Bureau of Land Management will enforce federal law, which unfortunately considers all marijuana possession a criminal offense — even if you have a medial card! BLM may also ticket you for violations of various rules in the “closure order,” though these, thankfully, are civil rather than criminal.

• “Gifting” marijuana to others is drug trafficking under federal law, even though no money is being exchanged. And if you are caught selling marijuana, or are found in possession of more than one ounce, you will likely be prosecuted under Nevada law by the local Pershing County Sheriffs, who also patrol Burning Man.

• Especially important: GATE ROAD is also federal property, and a lot of the law enforcement activity happens while people are driving into the event. In addition, some of the roads into the event, near Wadsworth and Nixon, pass through tribal reservations, where federal law enforcement can and do make arrests. Keep in mind that you have fewer rights while driving than you do in your home (or in this case, your tent or RV), and can be stopped for a broken taillight or any other minor infraction by law enforcement, who may ask you for consent to search your vehicle (you have the right to refuse). Any marijuana consumption while on the Gate Road could result in a ticket or charges for DUI or marijuana possession.

• Before or after Burning Man, when you are not on federal land: Adults ages 21 and older may legally purchase marijuana from retail establishments in Nevada! MPP supported the initiative that made Nevada the fifth of eight states to end prohibition.

• Public consumption could result in a misdemeanor charge, with a fine of up to $600. And because the casinos’ regulators directed them to follow federal law, you cannot consume in hotel-casinos. MPP and our allies hope to establish safe, legal consumption spaces for tourists, but that won’t happen before Burning Man 2018. But you can consume in private homes, which may include private homes for rent.

• You should also know that Nevada has very strict laws on driving under the influence of marijuana. There is a “per se” threshold of two ng/mL of THC in your blood, meaning that you can be convicted based on a positive test result whether you were impaired or not. If you are a regular marijuana consumer, please note that you can have this amount in your system even if you haven’t consumed in a couple of days.

• If you do have an encounter with law enforcement, it’s always a good idea to know your rights. In addition, Burning Man would like to know about your experience, and if you get into trouble, you can reach out to the volunteer group Lawyers for Burners for help after you return home.

This legal information is provided as a courtesy and does not create an attorney-client relationship. For legal advice, which is an interpretation of the applicable law to your specific circumstances, we encourage you to consult an attorney. MPP is offering this information as a public service and is in no way affiliated with the Burning Man Project. 

Members of the public are invited to provide comments on California’s proposed rules for cannabis businesses. The Bureau of Cannabis Control and other agencies seek public comments as they consider a permanent set of rules — replacing those temporarily in place.

For background, including the text of the proposed rules, summaries, and the agencies’ reasoning for seeking changes, visit the state’s website. Comments must be received by 5:00 p.m. on Monday, August 27.

For the most part, permanent rules would mirror those currently in place – but there are some key differences. A big improvement is a clarifying statement that adults 21 and older could receive cannabis deliveries at their own homes, statewide. This is a much-needed solution for those who live in parts of the state that have banned retail sales.

Unfortunately, the transition from illicit to legal sales has not gone as quickly as many had predicted in California, due in large part to rural communities that have refused to allow legal sales. By ensuring that deliveries are available for adults everywhere, consumers are given an option for safe, discreet, and legal sales.

Not all proposed rule changes are positive. One change would limit medical cannabis dispensaries to the sale of cannabis products and branded merchandise, preventing them from offering holistic health services such as counseling and support.

If you are a California resident, take a look at the proposed rules and be sure to send comments so they can be received before the deadline on the 27.

We're pleased to announce that Steve Hawkins has been named the new executive director of the Marijuana Policy Project. Steve brings three decades of experience fighting for criminal justice reform, having previously served in leadership roles at the NAACP, Amnesty International USA, and the Coalition for Public Safety.

The entire MPP staff is thrilled to welcome Steve to our organization.

Steve began his career as an attorney with the NAACP Legal Defense Fund challenging racial disparities in the criminal justice system. He later served as executive vice president of the NAACP, spearheading its efforts to end the police practice of “stop and frisk” in New York City and successfully encouraging the NAACP board of directors to adopt a policy in support of marijuana decriminalization. Steve also previously served as executive director of Amnesty International USA, as a program executive for the Atlantic Philanthropies, and as a senior program manager at the JEHT Foundation. You can read a more detailed biography here.

The marijuana reform movement has made incredible gains in the past several years but there’s still a great deal of work ahead. With Steve leading our experienced and talented team of reformers, and with your support, MPP will continue to enact medical marijuana and marijuana legalization laws that serve the interests of the American people.

Check out our updated voter guides to learn where candidates for state legislature and governor stand on cannabis regulation!

The Vermont state primary election will be held tomorrow, Tuesday, August 14. If you are a Vermont resident and haven’t already voted, please check out our legislative voter guide to learn where candidates for state legislature stand on marijuana policy. Then, please read our guide on the candidates for governor.

This year, we sent candidates a survey consisting of only one question: “Do you support regulating and taxing the production and sale of cannabis in Vermont for use by adults 21 and older?” Our voter guides include responses from candidates for state representative, state senator, and governor, in addition to public statements and incumbent legislators’ votes on the legalization bill.

We have updated the gubernatorial voter guide to include a fifth candidate, state Sen. John Rodgers, who is running as a write-in candidate. At a recent public forum, all five Democratic candidates talked about their support for taxing and regulating cannabis.

For information on where and how to vote in Vermont, click here.

Strong contrast emerges between Democratic candidates for attorney general

The Connecticut primary election will take place next Tuesday, August 14. If you're a Connecticut resident and you’re not sure how or where to vote, please visit the secretary of state’s website for more information.

On the Democratic ticket, both candidates for governor and both candidates for lieutenant governor have said they support taxing and regulating marijuana. However, in the race for attorney general, there is a strong contrast between the Democratic candidates’ positions. At a recent debate, former U.S. Attorney Chris Mattei spoke strongly in favor of regulating marijuana, while the other two candidates, state Rep. William Tong and state Sen. Paul Doyle, “expressed reservations.” Additionally, Mattei has criticized Tong for his failure to support the medical cannabis bill when it passed in 2012.

None of the five Republican candidates for governor have spoken publicly in favor of ending marijuana prohibition.