In August 2023, the U.S. Department of Health and Human Services (HHS) formally recommended rescheduling cannabis. In a letter sent to the Drug Enforcement Administration (DEA), HHS provided findings from their review of marijuana’s scheduling status and recommended rescheduling marijuana to a Schedule III controlled substance. 

This historic development from the top federal health agency is an encouraging step forward. Rescheduling cannabis would provide many real-world benefits, including facilitating research and reducing burdens on medical cannabis patients, providers, and the businesses that serve them. 

Given that over half the U.S. population lives in states with medical cannabis programs, and millions of Americans are finding relief through cannabis products, it is long past due for the federal government to acknowledge cannabis’ medical value. 

While MPP still supports the full descheduling of cannabis, we recognize that the Biden administration’s rescheduling proposal offers the potential for a significant improvement in federal cannabis policy. As always, MPP adheres to a philosophy of incremental progress.

History
The Controlled Substances Act of 1970 placed all illicit and prescription drugs into five "schedules" (categories). Cannabis was placed in Schedule I, which is defined as having a high potential for abuse, having no currently accepted medical use in treatment in the United States, and lacking accepted safety standards for use under medical supervision.

That definition did not apply to cannabis in 1970 and certainly does not apply today. 

Even before the enactment of the Controlled Substances Act, cannabis had already been prohibited for more than three decades in our country. Interestingly, prior to 1937, there were at least 27 medicines containing cannabis that were legally available in the United States. Many were made by well-known pharmaceutical firms that still exist today, such as Eli Lilly. The Marijuana Tax Act of 1937 federally prohibited cannabis and set the United States on a course of waging an unjust and failed war on cannabis that lasted nearly a century. 

Next Steps
The DEA is expected to make the final decision on whether federal law will finally acknowledge the reality that cannabis has medical value sometime in 2024. We encourage you to sign up for MPP email alerts and stay informed on the latest developments.

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New Hampshire patients who have been desperately waiting for the state to begin issuing ID cards can finally breathe a sigh of relief. This afternoon, Merrimack County Superior Court Judge Robert McNamara ruled in favor of Linda Horan, a terminal lung cancer patient who wishes to obtain medical marijuana legally from a dispensary in Maine. The state will now have to issue Linda an ID card without delay (you can read the full court order here). The card will protect Linda from arrest in New Hampshire and allow her to comply with the terms of Maine’s law, which allows dispensaries to serve visiting patients if they possess ID cards from their home states.

[caption id="attachment_9374" align="alignright" width="250"] Paul Twomey, Linda Horan, and Rep. Cushing (PHOTO: InDepthNH)[/caption]

This lawsuit was needed because although New Hampshire passed its medical marijuana law in 2013, the attorney general’s office blocked the issuance of ID cards, advising that the state must wait until the first dispensary was ready to open (which is not expected until 2016). Congratulations and many thanks to Linda, her attorney, Paul Twomey, and state Rep. Renny Cushing for their courageous leadership!

Twomey summed the case up perfectly with the following quote: “Linda is a hero. Facing death, she has chosen to fight for the rights of all the critically ill patients in New Hampshire, who should not have to fear arrest because they are sick. She may be dying, but we all owe her our thanks for showing us how to live.”

If you are a patient, you can learn more about the registration process and download the relevant forms by visiting the program’s website here.

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Today, the New Hampshire Department of Health and Human Services announced the opening of a pre-registration process for the therapeutic use of cannabis program. The announcement, which appears on the department’s website, explains that patients and their designated caregivers may now submit their applications and that dispensaries are expected to open in the first quarter of 2016. The application forms are now available online.

Unfortunately, the department still says it will not begin issuing ID cards until the first dispensary is ready to open. This means patients could continue to be without legal protections for several more months. However, at least it is now possible for patients to submit applications rather than simply waiting for the program to become operational.

We encourage patients to pre-register, as this will reduce the chances the department will experience a backlog when it begins issuing ID cards.

Please share this news with your friends and family, and especially with any patients you know who have been waiting to benefit from this program.

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Nevada patients who have been waiting for years for a licensed dispensary to open in the Las Vegas area finally have some good news. On Monday, doors opened to the Las Vegas area’s first dispensary — Euphoria Wellness. Over 70% of Nevada’s medical marijuana patients are located in Clark County and, until now, they had nowhere to purchase their medicine.

In 2000, voters overwhelmingly supported an initiative that made Nevada one of the earliest states to adopt a medical marijuana law. It took the Nevada Legislature another 12 years to pass a law permitting regulated businesses to provide Nevadans with safe access to cannabis. The first store opened a few weeks ago in Sparks — a little over two years after the bill allowing dispensaries was passed.

The delays have been very frustrating for patients, but hopefully this is a sign that Nevada is finally getting its act together and implementing the medical marijuana law in an appropriate manner.

For more information on the medical marijuana program, visit the Department of Health and Human Services’ website.

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There is finally good news regarding the implementation of New Hampshire’s medical marijuana law. Last week, the Department of Health and Human Services announced that three applicants have been approved to move forward with their plans to open dispensaries in four geographic areas (one applicant was granted the ability to operate two dispensaries, while the two others may operate one dispensary each).

The announcement came more than four months after the department’s January 23 deadline. The delay was very disappointing, but late is obviously better than never. The details, including the names of the three approved entities, are available here at the department’s website.

This news, while positive, does not necessarily mean that safe, state-legal access for patients is right around the corner. The approved applicants may face unexpected obstacles and delays before they are able to serve patients’ needs, and unfortunately, the Attorney General’s office has advised the state to refrain from issuing ID cards to patients until the first dispensary is nearly ready to open.

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State legislators in Maine are planning to introduce at least four marijuana-related bills in the upcoming session.

From the Portland Press Herald:

The marijuana OUI bill is being proposed by the Department of Public Safety, which wants to set a limit that will allow police officers to determine when a driver is too stoned behind the wheel.

[caption id="attachment_8429" align="alignright" width="152"] Rep. Diane Russell[/caption]

Rep. Diane Russell, D-Portland, said she will introduce her fourth bill to tax and regulate the use of recreational marijuana. She said this bill will be the Legislature’s last chance to get out in front of two competing citizen initiatives that are likely to end up on the 2016 ballot. Two groups – the Marijuana Policy Project and Legalize Maine – plan to launch petition drives to collect signatures for 2016 referendums to legalize recreational drug use, as the states of Colorado and Washington have both done. The two proposals differ in approach and details, such as whether marijuana use should be limited to private homes or allowed in social clubs.

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Russell also will sponsor a bill to remove the list of qualifying conditions for which patients can be approved to use medical marijuana. That would effectively leave it to patients and doctors to determine when the drug might help with a medical condition. Previous bills have been introduced to expand the number of approved conditions, including post-traumatic stress disorder.

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Hillary Lister, director of Medical Marijuana Caregivers of Maine, anticipates legislation specifying that the state cannot collect identifying information about medical marijuana patients. She said patients and caregivers are concerned about a recent rule change that requires medical providers to give patients a certification card that is generated through an online portal.

The Department of Health and Human Services also will propose amendments to the Maine Medical Use of Marijuana Act, but details of those amendments will not be released until the bill is finalized and the language becomes public, said department spokesman David Sorensen.

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The delays in implementing New Hampshire’s medical marijuana program have been very frustrating for patients. Fortunately, the state finally appears to be making progress toward the adoption of alternative treatment center (dispensary) rules. The Concord Monitor reported some details of the rule-making process this morning.

You can read the first draft of the proposed rules here. The Department of Health and Human Services will accept comments as part of an “advance comment period,” which ends tomorrow. After that, the department will enter its formal rule-making phase, which will include a public hearing and additional opportunities for public comment. The department released a timeline indicating that it hopes to secure final approval of the dispensary rules by November 20.

You can read the comments being submitted by MPP here. While we have identified a number of issues with the rules, we think the most troubling provisions are the onerous application fee of $80,000 and the annual renewal fee of $80,000. We understand that the law requires the Department to set fees that cover the costs of administering the program, but it is unclear whether New Hampshire will have any qualified applicants who wish to enter this heavily restricted dispensary market with fees this high.

For information on how to submit comments, please visit the department’s website for the “therapeutic use of cannabis” program.

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