Medical Marijuana

New Hampshire Adds Chronic Pain to Qualifying Conditions

August 17th, 2017 1 Comment Matt Simon

New Hampshire’s therapeutic cannabis law is finally expanding to include patients who suffer from chronic pain. HB 157 went into effect on Tuesday, adding “moderate to severe chronic pain” as a qualifying condition. This new law will allow many more Granite Staters to use cannabis as an alternative to prescribed opioids — a critically important reform for a state that is struggling to turn the tide against opiate addiction.

Until this week, patients could only qualify with a pain diagnosis if their pain was deemed to be “severe” and related to one of the specific medical conditions provided for in the law. As a result, it was much easier for medical providers to prescribe opioids than to certify patients for therapeutic cannabis. Patients who would like to apply now that the law has changed can access the updated application forms here.

For those who are waiting for the addition of post-traumatic stress disorder (PTSD), that is scheduled to take effect on August 27.

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Medical Marijuana

Utah Campaign Launches Signature Drive in Salt Lake City

August 16th, 2017 No Comments Marijuana Policy Project

The Utah Patients Coalition held a news conference on Thursday to announce the official launch of signature gathering efforts to get a medical marijuana initiative on the Nov. 2018 ballot.  Volunteers began collecting signatures in downtown Salt Lake City immediately following the event.

The Utah Medical Cannabis Act received approval from Lt. Governor Spencer Cox on August 10 to begin gathering signatures after supporters held 10 public hearings across the state and met with various state departments and stakeholders. More than 113,000 valid signatures are required to qualify for the ballot.

Good 4 Utah reports:

They are due April 15, 2018, but this group wants to get all the signatures turned in before the 2018 Legislative Session starts.

“The legislature has had an opportunity for the last three or four years to make substantive policy on this and has failed to do so, so now I think it’s time for the people to decide on this issue,” said DJ Schanz, Utah Patients Coalition Campaign Director.

The initiative would allow patients with certain qualifying conditions to legally and safely access medical cannabis with the recommendation of their doctor. It limits the number of dispensaries and cultivators, allows local zoning for medical cannabis facilities, prohibits using medical cannabis in public view, maintains the illegality of driving while intoxicated, and closely mirrors the legislation passed by the Utah Senate in 2016. Home cultivation and smoking medical cannabis would not be permitted.

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Medical Marijuana

New York Health Dept. Proposes Medical Marijuana Improvements

August 10th, 2017 1 Comment Marijuana Policy Project
The New York Department of Health proposed additional changes to the state’s medical marijuana program today. While the official proposed regulations will not be released until August 23, the changes appear to be very positive. Once the rules are released, the public will have 30 days to comment.
New forms of medicine would be allowed, including topicals and chewable lozenges, as well as “[c]ertain non-smokable forms of ground plant material,” which will hopefully be clarified in the full text of the regulations. Having whole plant cannabis available for vaporization could dramatically reduce prices for patients, and we will seek to make sure it’s permitted.
Other changes would reduce burdens on medical professionals, hopefully encouraging more of them to participate. For more information and the complete list of proposed changes, you can read the Department of Health’s full announcement.

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Medical Marijuana

New Approach Missouri Gathers More Than 50K Signatures

August 10th, 2017 No Comments Marijuana Policy Project

With nine months left to gather signatures, the hard-working volunteers of New Approach Missouri are well on their way with over 50,000 already collected! The total number required to qualify for the 2018 ballot is 160,199.

However, gathering enough total signatures is only one part of the process in Missouri. It is also necessary that the signatures be distributed across different congressional districts in the state. So New Approach Missouri is planning to hire a professional petitioning firm to help push the campaign over the finish line and to ensure that geographic distribution requirements are met.

In other news, the list of advocates calling for medical marijuana in Missouri has expanded to include retired NFL player Kyle Turley, who played for both the Kansas City Chiefs and the St. Louis Rams! Kyle is a patient and an advocate because medical marijuana has allowed him to live without pain and painkillers, as well as helping him to overcome depression. Check out his story here.

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Prohibition

National Conference of State Legislatures Passes Resolution Urging De-Scheduling of Marijuana

August 7th, 2017 2 Comments Marijuana Policy Project

The National Conference of State Legislatures (NCSL) approved a resolution Monday urging that the Controlled Substances Act should be amended to remove marijuana from scheduling in order to give federally approved banks the ability to work with marijuana businesses. This would also allow states to determine their own marijuana policies without the threat of federal interference. For a resolution to pass, it must be supported by a majority of participating legislators in each of 75% of the states represented at the conference’s general business meeting.

Due to the Schedule I status of marijuana under federal law, federally insured banks risk penalties if they offer financial services to marijuana-related businesses. For that reason, many of these businesses are forced to operate on a cash-only basis, making them a target for criminals. While limited guidance has been issued, which intended to encourage financial institutions to serve marijuana businesses, access to banking remains a problem.

The full resolution can be found here.

MPP’s Karen O’Keefe said the following statement in a press release:

“State legislators and the vast majority of voters agree that marijuana policy should be left to the states,” said Karen O’Keefe, director of state policies for the Marijuana Policy Project, which tracks marijuana policy in all 50 states and lobbies in state legislatures throughout the country.

“Legitimate, taxpaying marijuana businesses should not have to face the difficulties of operating on a cash-only basis. Allowing banks to offer them financial services will be good for the industry and benefit public safety,” O’Keefe continues. “Even more so, states should not have to worry about the federal government interfering with their marijuana policy choices.”

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Medical Marijuana, Tax and Regulate

South Dakota Has 90 Days to Collect Enough Signatures for 2018 Ballot

August 7th, 2017 1 Comment Marijuana Policy Project

New Approach South Dakota has 90 days to collect the remaining signatures needed to place marijuana initiative measures on the 2018 ballot.

Two petitions are being circulated — one seeks to legalize marijuana for medical uses and the other to legalize certain amounts of marijuana for adult use and to regulate and tax marijuana businesses.

Signatures are tied to the number of votes cast in the state’s most recent gubernatorial election, so each petition needs at least 13,871 signatures by November 2017 to make it on the November 2018 ballot.

To read the petitions and for more information about adding your signature, check out New Approach South Dakota’s website.

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Prohibition

Burning Man and Marijuana Laws

August 7th, 2017 No Comments Kate Bell

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, now that Nevada finally 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 1 oz., 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 in the past, a lot of the law enforcement activity has occurred while people are driving into the event. 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 2017. 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 2 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.

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Prohibition

DOJ Task Force Recommends No Change in Federal Marijuana Policy

August 4th, 2017 1 Comment Marijuana Policy Project

A Dept. of Justice task force subcommittee on marijuana policy is not recommending any policy changes that would target state-legal marijuana programs or businesses operating in compliance with state laws, according to a report by the Associated Press. The task force asked for continued study and dialogue on the issue. The recommendations are meant to inform ongoing policy decisions and are non-binding.

Since August 2013, Dept. of Justice policy has been not to enforce federal marijuana laws against individuals or businesses in states that are complying with state medical or adult-use marijuana laws, provided that one of eight federal priorities is not implicated.

You can find out more about federal policy here.

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Prohibition, Research

Virginia Crime Commission Taking Public Comments on Marijuana Policy

August 3rd, 2017 No Comments Maggie Ellinger-Locke

Earlier this year, the Virginia General Assembly empowered the state’s Crime Commission to consider whether Virginia should decriminalize marijuana possession. Now, the commission wants to hear from residents.

Between now and Friday, August 25 at 5 p.m., Virginia residents can send written comments to [email protected] or mail them to:

1111 East Broad Street, Ste. B036
Richmond, VA 23219

Then, on October 5 at 10:00 a.m., the Crime Commission will hold a meeting open to the public where you will have the opportunity to make your voice heard in person. The meeting will take place in Richmond, but the exact location will not be announced until the fall.

Nearly eight in 10 Virginians support replacing marijuana criminal convictions with a fine (decriminalization), and 62% favor ending cannabis prohibition altogether.

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Medical Marijuana

New Jersey Medical Marijuana Expansion Moving Forward

August 3rd, 2017 1 Comment Kate Bell

The New Jersey Medical Marijuana Review Panel has issued initial recommendations to add several new qualifying conditions to the state’s medical marijuana program: chronic pain related to musculoskeletal disorders or of visceral origin, migraine, anxiety, and Tourette’s Syndrome. There will now be a 60-day public comment period, after which the Panel will consider the comments and hold another meeting before making its final recommendations.

If you are a New Jersey resident suffering from one of these conditions who could benefit from access to medical cannabis, we encourage you to submit public comments via email or mail. Mailed comments must be postmarked by Monday, September 25, 2017, and sent to:

NJ Department of Health, Medicinal Marijuana Program
Attn: Medicinal Marijuana Review Panel
PO Box 360
Trenton, NJ 08625-0360

In other good news, the sixth Alternative Treatment Center permitted under New Jersey law has finally been issued a permit to begin cultivating medical cannabis! It will be located in Secaucus.

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