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ASA Activist Newsletter - APRIL 2013
Volume 8, Issue 4
ASA Petitions DC Circuit to
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Massachusetts Issues Draft RegulationsSafe access in Massachusetts is beginning to take shape. The state’s Department of Public Health (DPH) last month issued draft regulations for implementing the state's medical cannabis program.The draft regulations establish a framework for the program 63% of Massachusetts voters approved last November. The law allows qualifying patients to use and possess medical cannabis on the recommendation of their physician and establishes Medical Marijuana Treatment Centers (MMTCs) for obtaining it. Local governments would be barred from banning MMTCs in their community. DPH will license MMTCs to cultivate, process, and sell medical cannabis. Qualified patients will be able to obtain up to 10 ounces in a 60-day period. A hardship provision allows patients to cultivate their own medicine if they are unable to access a MMTC due to distance, disability, or low income. The regulations include input gathered from medical cannabis patients and other stakeholders at “listening sessions” DPH held. ASA, working in coalition with the Massachusetts Patient Advocacy Alliance and the ACLU, has raised concerns with DPH regarding limits to patient access and barriers to doctor recommendations. The limits on patients include prohibiting them from obtaining cannabis from more than one MMTC and requiring patients under 18 to be certified by two physicians as having a debilitating, terminal medical condition. The draft regulations also require physicians to register with DPH and undergo training before being authorized to recommend cannabis to their patients. ASA Board Member Dr. Karen Munkacy, an anesthesiologist and delegate to the Massachusetts Medical Society, agreed that educating doctors about medical marijuana would be helpful, but said, 'I have concerns about any regulation that would create additional obstacles for physicians who want to incorporate this medicine into their practice.' DPH will present the regulations to the department’s Public Health Council on April 10 and hold public hearings on April 19. The opportunity for written public comment closes on April 20. Final draft regulations will be presented to the PHC on May 8 and, if adopted, go into effect on May 24. By law, DPH has until May 1 to enact regulations, but some state lawmakers have proposed an extension. The proposed regulations call for the state to license at least 14 dispensaries the first year. Until then, qualified patients may cultivate a limited amount of cannabis for their own use. The proposed rule against banning MMTCs follows a decision by the state Attorney General that such bans would be illegal. Four cities have sought to ban MMTCs, and at least one is appealing the AG’s decision. More information: Mass. Dept. of Public Health Draft Regulations for Medical Cannabis |
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New Hampshire Medical Cannabis Bill AdvancesAfter two previous attempts were vetoed, the Granite State appears to be on track to become the 19th to legalize medical cannabis.Late last month, the New Hampshire House voted 286-64 to approve a bill that would permit qualifying patients to use medical cannabis when their doctors recommended it. The state Senate is now considering the bill. Passage is expected, as the Republican-controlled legislature approved similar legislation in both 2009 and 2012. If enacted, the new law would establish state-licensed dispensaries and allow qualified patients or their designated caregivers to cultivate up to three plants. The two previous bills were vetoed by then-Gov. John Lynch (D), who voiced concerns over potential for abuse. A spokesperson for New Hampshire’s new governor, Maggie Hassan (D), has said the governor supports access to medical cannabis under tight restrictions. |
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Maryland Moves to Protect
Caregivers in Maryland may soon share the affirmative defense protection afforded qualified patients in the state. On April 1, the state House on a vote of 95-37 approved Senate Bill 580, which was passed unanimously in the Senate on March 14. If signed by Gov. Martin O’Malley, caregivers in possession of an ounce or less of cannabis could have charges dismissed if they can present evidence they were assisting a qualified patient. |
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New York Considers Medical Cannabis AgainNew York state legislators are again considering measures that would establish a medical cannabis program. The bipartisan seed-to-sale bills, Bill 6357 in the Assembly and Bill 4406 in the Senate, were introduced simultaneously late last month.If enacted, New York would have a regulated system of cultivation and distribution to qualified patients. The New York Assembly has passed similar bills in the past only to see them blocked by lawmakers in the Senate. The bills’ supporters also face opposition from Gov. Andrew Cuomo (D), who has said in the past that he believes the dangers of abuse outweigh therapeutic benefits. |
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West Virginia Holds Hearing on Medical CannabisA bill that would establish a medical cannabis program in West Virginia got a hearing before the state’s House Health and Human Resources Committee last month.If enacted, House Bill 2961, 'The Compassionate Medical Marijuana Use Act of 2013,' would allow qualifying patients to possess up to six ounces of marijuana and cultivate up to 12 plants. The state would license eleven dispensaries—five by the end of the first year and another six by the end of the second. Introduced by Del. Mike Manypenny (D-Taylor), who offered a similar bill last year, the bipartisan measure has nine cosponsors. A January poll by Public Policy Polling found a majority of West Virginia voters support safe access by a 13-point margin, with 53% in favor and 40% opposed. West Virginia has the nation’s highest disability rate. |
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Oregon House Committee to Hear Dispensary BillA bill introduced in the Oregon House last month would license and regulate medical cannabis dispensaries there. House Bill 3460 would require the estimated 150 dispensaries currently operating in the state to obtain a license from the Oregon Medical Marijuana Program similar to what is required of patients and caregivers under existing law. Medical cannabis dispensaries would be required to test for pesticides, mold and mildew and comply with security guidelines. They would be prohibited from operating in residential areas or within 1000 feet of a school. |
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Illinois Proposes 4-Year Pilot ProgramSeveral attempts in previous legislative sessions came to naught, but proponents of a medical cannabis bill in Illinois say a new bill is close to passage. House Bill 1 would create a four-year pilot program for qualified patients through which they could obtain up to 2.5 ounces every 14 days. After four years, lawmakers could make the program permanent or end it.Bill sponsor Rep. Lou Lang (D-Skokie), who touts his bill as the most restrictive medical cannabis law ever written, says the measure is just a few votes short of passage. HB 1 was approved by the House Human Services Committee last month. |
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ACTION ALERT: Lobby Your Congressional Rep!Contact your Representative today and explain why supporting the two bipartisan medical cannabis bills in the House is so important. HR 710, the Truth in Trials Act, would finally allow medical evidence in federal trials. HR 689, the States Medical Marijuana Patient Protection Act, would reschedule cannabis, end federal interference, and remove barriers to research.We’ve made it easy for you to take action online. Send your Representative a message today! |
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