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.
The second bill, HB 2397, increases the availability of expungement, for example by allowing the expungement of misdemeanors where the sentence was simply a fine of $500 or less.
HB 2479 also took effect Monday. It reduces the sentence for a second marijuana possession conviction by half, from a two-year mandatory minimum to a one-year mandatory minimum sentence of incarceration.
In other news, although signatures were not submitted in time for this year’s ballot, a medical marijuana provision has qualified to be on a future Oklahoma ballot. The campaign is embroiled in a lawsuit with Oklahoma Attorney General Scott Pruitt, a foe of marijuana policy reform, over his rewriting of the ballot summary.
Earlier this month, Gov. Dannel Malloy signed HB 5450, which will make changes to Connecticut’s medical marijuana program including to allow certain patients who are under 18 to access medical cannabis. The bill previously passed the House 129 to 3 and the Senate 23 to 1.
To participate in Connecticut's medical marijuana program, minors will have to have been diagnosed with terminal illness, an irreversible spinal cord injury, cerebral palsy, cystic fibrosis, or severe or intractable epilepsy. In addition, they must have a written certification from two doctors — a primary care provider and a specialist. Finally, a parent or guardian must also submit a written statement of consent and attest that they will serve as the minor patient’s primary caregiver.
Connecticut first enacted medical marijuana legislation in 2012, but the law did not allow access for minor patients, many of whom would benefit greatly from access to this safe and effective treatment. Of the 24 states that have effective medical marijuana programs, Connecticut is the last state to exclude younger patients.
The new law will also extend legal protections to nurses who administer medical marijuana to patients in hospitals, and creates a research program. It goes into effect on October 1.
Virginia is in its final week of its 2016 legislative session and of the many marijuana-related bills Virginian lawmakers considered this year, only one — SB 701 — has made it to the desk of Gov. Terry McAuliffe.
This limited bill allows the cultivation of cannabis by pharmaceutical processes that would then produce cannabidiol oil. Patients suffering from intractable epilepsy could receive the oil with a written certification from their doctor. While Gov. McAuliffe is expected to sign the legislation, epileptic patients won’t receive any benefit until at least 2017, as the bill requires a second passage next year.
While MPP applauds the Commonwealth’s effort to bring relief to residents suffering from epilepsy, this measure does not go nearly far enough. If you are a resident of Virginia, please ask your elected officials to show compassion for our sickest residents, including those with other serious conditions, such as multiple sclerosis, intractable pain, and PTSD. Medical marijuana is far less harmful and poses fewer negative side effects than most prescription drugs — especially painkillers — and patients often find it to be a more effective treatment.
We celebrate this narrow victory and look forward to a future where patients can benefit from the expertise of their doctors by finding relief in medical cannabis.
The Georgia government enacted an ineffective law last year that was intended to provide relief to patients with epilepsy, but which didn't provide for a source of medical marijuana within the state.
Since then, state Rep. Allen Peake (R) publicly admitted to illegally transporting medical marijuana from Colorado to Georgia to help some parents with epileptic children, and he's now pushing hard to fix the ineffective law by legalizing dispensaries for patients to purchase medical marijuana.
If you are a Georgia resident, please tell your lawmakers to support a workable medical marijuana bill.
On Tuesday, Gov. Jack Markell (D) signed SB 90 — Rylie’s Law — into law. Gov. Markell’s approval is yet another sign of Delaware lawmakers understanding the benefits that medical marijuana holds for seriously ill patients of all ages. Not one lawmaker opposed this new law
Introduced by Sen. Ernesto Lopez (R), SB 90 is now Delaware law. Doctors may now recommend medical marijuana oils to certain patients under the age of 18. To qualify, the young patients must suffer from intractable epilepsy or a medical condition that has not responded to other treatments and that involves wasting, intractable nausea, or severe, painful, and persistent muscle spasms. This compassionate proposal recognizes the sad truth that kids face serious illnesses, too, and it gives doctors one more legal option to help them find relief.
The governor and the General Assembly have joined respected organizations like the American Academy of Pediatrics in recognizing that medical cannabis may be appropriate for minors in certain circumstances. The compassion shown by lawmakers from across the state in enacting this bill means many seriously ill children and their families have one more legal option to help ease their symptoms. But it would not have been possible without the compassion of all Delawareans who wrote to their elected officials in support of this bill.
Texas Gov. Greg Abbott signed a bill into law Monday that recognizes the medical benefits of marijuana. SB 339, sponsored by Sen. Kevin Eltife (R-Tyler), is intended to allow patients with intractable seizure conditions to access marijuana extracts containing high levels of cannabidiol (CBD) and only trace levels of THC.
SB 339 requires doctors to “prescribe” low-THC marijuana extracts to patients, which exposes doctors to federal criminal sanctions. By contrast, doctors “recommend” medical marijuana or “certify” patients to use medical marijuana in the 23 states with comprehensive medical marijuana laws and the District of Columbia. Unlike “prescriptions,” recommendations and certifications are federally legal and protected under the First Amendment.
The bill also only allows for extracts with very little THC, and some seizure patients say a greater ratio of THC to CBD is necessary for it to be effective in reducing the frequency and severity of seizures. The bill also fails to allow access to any medical marijuana products for people suffering from other debilitating conditions, such as PTSD, cancer, and multiple sclerosis, for which medical marijuana has been found to have significant medical benefits.
Despite SB 339’s significant limitations, advocates supported Gov. Abbott signing it into law and promptly implementing the program. It has frequently taken as long as two to three years for patients to begin safely accessing medical cannabis preparations after state medical marijuana laws are enacted. First, rules need to be crafted for the operation of dispensaries, then there is an application process, and finally the providers must find locations, build out their facilities, and begin cultivation.
While this low-THC cannabis oil program is very restrictive, the passage of SB 339, Texas’ Compassionate Use Act, is an historic moment that reflects the great work done by advocates. Here is an overview of the program.
The 84th Texas Legislature introduced a record number of marijuana related bills. The results varied — details can be found here — but there can be no doubt that more humane marijuana laws are on the horizon.
On Thursday, Georgia Gov. Nathan Deal signed into law HB 1, the Haleigh’s Hope Act. This new law, which was sponsored by Rep. Allen Peake, will allow qualified patients to legally possess up to 20 fluid ounces of low-THC cannabis oils with their doctors’ recommendations. While this is an improvement to current law, it leaves the vast majority of medical marijuana patients without legal protections for using and possessing the medicine their doctors think is best for them. It also forces patients to smuggle the oil back from other states in which medical marijuana products can be legally produced.
If you are a Georgia resident, please email your lawmakers today. Thank them for taking this modest first step, and encourage them to support a more comprehensive medical marijuana program.
Georgia took a step forward this year, but the law is so incomplete that MPP will not be counting it as a “medical marijuana state.” Nonetheless, in some ways HB 1 is better than the 12 other CBD-focused laws: It includes eight medical conditions, while most of the other CBD laws only protect patients with intractable epilepsy, and it allows up to 5% THC, which is more than most of the other states with CBD-focused laws.
For more information, please see our summary of the law.
Last week, Virginia Gov. Terry McAuliffe signed a bill into law that will provide limited legal protections to patients with intractable epilepsy who find relief from low-THC marijuana. MPP does not consider Virginia a medical marijuana state because the law is so limited that it does not meet our definition of an effective medical marijuana law.
The new law allows certain patients and their parents to raise a defense in court for possession of certain strains of marijuana, which must have no more than 5% THC. It does not prevent the trauma and expense of an arrest or prosecution.
HB 1445 also fails to include any means of accessing those oils. The only realistic way to obtain them is for families to travel across the country to one of the very few states that allows out-of-state patients to access medical cannabis preparations. Even then, patients will have to travel through states where all marijuana is illegal to get home.
You can learn more about the law’s details here.
If you are a Virginia resident, please ask your legislators to make sure this is only a first step. Ask them to champion a compassionate, comprehensive law next year that doesn't leave thousands of patients with other serious conditions behind. Let them know Virginia should join the 23 other states that leave medical decisions to patients and doctors, and allow safe, in-state access to this beneficial medicine.