Tag: medical marijuana

Pennsylvania District Attorney Sues Federal Government Over Gun Ban For Medical Marijuana Patients

A Pennsylvania district attorney and gun rights advocates have filed a lawsuit in federal court seeking to overturn the ban preventing medical marijuana patients from buying and possessing firearms—the latest in a series of legal challenges to the policy.

Warren County, Pennsylvania District Attorney Robert Greene, a registered medical cannabis patient in the state, teamed up with the Second Amendment Foundation (SAF) to file suit against the federal government in the U.S. District Court for the Western District of Pennsylvania on Tuesday.

This comes as the question over the constitutionality of the federal gun ban for people who use marijuana is now before the U.S. Supreme Court, which is considering taking up the issue.

The new lawsuit names U.S. Attorney General Merrick Garland, as well as the heads of the FBI and Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), as defendants. This represents what the lead attorney for the plaintiffs believes to be the first civil, rather than criminal, challenge to the federal statute.

Greene’s participation in the case is especially notable. The court filing states that the local prosecutor “intends to lawfully purchase, possess, and utilize firearms and ammunition so that he may exercise his constitutional right to keep and bear arms for self-defense and all other lawful purposes.” But he’s barred from doing so under federal statute because of his status as a state-certified medical cannabis patient.

The prosecutor announced late last month that he will not be seeking re-election and will be turning his focus to advocacy on medical cannabis patient rights issues.

Unlike the various previous court cases challenging the constitutionality of the gun ban for plaintiffs who have been criminally prosecuted, with a civl suit like this, “you’re looking at a challenge on behalf of people that are just asserting that this prohibition is unconstitutional, either on its face or as applied—’as applied’ meaning to that individual only,” Adam Kraut, lead attorney for the plaintiff and executive director of SAF, told Marijuana Moment on Tuesday.

“What I’m hoping is not only to win in our lawsuit, but that it sparks the federal Congress to do something and solve this problem because you have millions of Americans who are disenfranchised from their Second Amendment rights, being forced to choose either between treating their symptoms with medical marijuana or exercising their constitutionally guaranteed right,” he said. “That’s not an acceptable.”

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Arkansas Ballot Initiative Would Allow Medical Marijuana Homegrow And Trigger Recreational Legalization After Federal Reform

A marijuana industry group on Friday proposed a constitutional amendment to improve patient access to medical cannabis and legalize the drug for recreational use in Arkansas if it becomes legal under federal law.

Arkansans for Patient Access said it was submitting ballot language to Arkansas Attorney General Tim Griffin (R) on Friday for the Arkansas Medical Cannabis Amendment of 2024.

The ballot initiative would make it legal for patients to grow their own cannabis at home and make a series of changes to Amendment 98 to the Arkansas Constitution, which Arkansans ratified in 2016 to legalize marijuana for medical use.

The tweaks comprise a wishlist for patients as well as cultivators and dispensaries.

“The goal of this ballot proposal is to reaffirm and build upon Amendment 98 to better serve patients,” Amy Martin, owner of The Greenery dispensary in Fort Smith, said a statement from the ballot question committee. “This amendment reflects a commitment to the principles established by the state’s voters. It reduces barriers and streamlines processes so qualifying patients can access the medicines and treatment options that best serve them.”

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South Dakota Lawmakers Vote To Fine Medical Marijuana Dispensaries That Don’t Warn Patients About Federal Gun Ban

A South Dakota legislative panel advanced two bills on Friday aiming to better inform patients about federal restrictions on firearm ownership for people who use marijuana. One would require that medical cannabis patient applications include a written warning about the gun ban, while the other would mandate that informational signs be posted on-site at dispensaries while instituting daily fines for businesses that don’t comply.

Lawmakers in the state’s House Judiciary Committee approved both proposals, unanimously passing the measure to include a written warning on patient applications and voting 8–4 on requiring dispensary signs.

Both bills were introduced earlier this month, led by Rep. Kevin Jensen (R) in the House and Sen. Jim Stalzer (R) in the Senate, with multiple additional co-sponsors.

Jensen began his comments to colleagues at Friday’s hearing by saying he wanted to make it “perfectly clear that nothing in this bill precludes anyone from getting a medical marijuana card or using the card for whatever purposes.” But he pointed to federal rules prohibiting unlawful users of marijuana from obtaining guns, which he noted stretch back to 1968.

Pointing to a release from a Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) official in St. Paul regarding Minnesota’s legalization of adult-use cannabis, Jensen said federal law “does not provide any exception” for state-legal medical or recreational use.

“People are just totally unaware, and they could get caught,” Jensen admonished. “I almost hate to say this, but right now, if under Biden’s administration they wanted to enforce this law universally across the country, they would probably have 40 million people that they could arrest and confiscate all their firearms and ammunition.”

“That law already exists. If they enforced it right now, that could happen,” he added. “But that’s kind of a side note. The main issue with this bill is just a notification.”

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Delaware House Committee Approves Bill To Significantly Expand Medical Marijuana Program Ahead Of Adult-Use Sales Launch

Delaware House lawmakers have approved a bill to significantly expand the state’s medical marijuana program ahead of the launch of adult-use sales that may take another year to implement.

At a meeting of the House Health & Human Development Committee on Wednesday, members took public testimony and then voted to pass the reform legislation from Rep. Ed Osienski (D).

The bill would make a series of changes to Delaware’s medical cannabis program, including removing limitations for patient eligibility based on a specific set of qualifying health conditions. Instead, doctors could issue marijuana recommendations for any condition they see fit.

Osienski, who also sponsored a pair of complementary adult-use legalization and regulation bills that Gov. Jay Carney (D) allowed to become law without his signature last year, said on Wednesday that the medical cannabis legislation will allow the program “to be more successful as the state moves forward with recreational sales, and to make it less expensive and easier for patients to access medical marijuana.”

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Wisconsin Republicans Unveil Plan To Legalize Non-Smokable Medical Marijuana With State-Run Dispensaries

Wisconsin Republicans have unveiled a plan to legalize non-smokable medical marijuana through state-run dispensaries staffed by government-employed pharmacists, with a limited set of conditions that could qualify patients for the program.

At a series of press conferences across the state on Monday, GOP state lawmakers detailed the much-anticipated legislation, which would make Wisconsin the “first state to have state-run dispensaries,” operated by the Department of Health Services (DHS).

As expected, the proposal would create a restrictive system that limits patients to smokeless cannabis options such as oils and gummies. People with qualifying conditions would be eligible to receive a doctor’s recommendation and access the products, which would be sold at five dispensaries across the state.

“We’ve come up with a program I think is going to be very beneficial to a lot of Wisconsinites,” Rep. Jon Plumer (R) said, while acknowledging that the state-controlled dispensaries component is a key area “where our program is different” than other medical marijuana states.

The qualifying conditions include cancer, epilepsy, post-traumatic stress disorder (PTSD), glaucoma, severe chronic pain, muscle spasms, chronic nausea, multiple sclerosis, inflammatory bowel disease, Alzheimer’s disease and terminal illness with less than one year life expectancy.

While the dispensaries would be state-run, growers and processors would be independently operated if they obtain a permit from the state. The pharmacists who dispense the cannabis to patients would be “state employees,” Plumer said.

“We think we have a good program put together. It’s going to be probably modified over the years as we learn about it—as we realize we have changes we should probably make,” he said. “But I think we’re at a really strong starting point here.”

Rep. Tony Kurtz (R) said the proposal underscores how Republicans are “leading to have a great opportunity to introduce a much-needed program with medical cannabis with controls.”

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Kentucky Governor Pushes Lawmakers To Approve More Medical Marijuana Qualifying Conditions While Unveiling First Program Rules

The governor of Kentucky is urging lawmakers to significantly expand the state’s medical marijuana law by adding new qualifying conditions as the administration puts forward a series of initial proposed regulations to begin implementing the program.

At a briefing on Thursday, Gov. Andy Beshear (D) announced that two independent advisory groups he appointed have unanimously voted to recommend that the legislature add more than a dozen new conditions to qualify patients for medical cannabis under a law he signed last year.

“This is a crucial step. While the legislation referenced several qualifying conditions, it left others out,” he said, adding that the expanded list includes “very serious conditions that we believe—but more importantly that these medical groups and advisory groups all unanimously agree—should become a part of the program.”

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South Dakota Bill Would Force Medical Cannabis Dispensaries To Warn Patients About Federal Gun Ban For People ‘Addicted To Marijuana’

South Dakota Republican lawmakers have filed a bill to mandate that state-licensed medical marijuana dispensaries post a sign at their businesses warning patients that federal law prohibits cannabis consumers from possessing firearms.

The legislation, led by Rep. Kevin Jensen (R) and Sen. Jim Stalzer (R) and 10 other legislators, comes at a time when the constitutionality of the underlying federal gun ban for marijuana consumers is being challenged in multiple courts.

Under the bill, South Dakota medical cannabis dispensaries would need to post at each entrance to their business and at each register or point of sale a sign that reads:

“WARNING: Federal law prohibits the possession of a firearm by certain individuals who are users of or addicted to marijuana. See 18 U.S.C. § 922(g).”

The measure, HB 1036, states that the warning requirement would be suspended if the attorney general certifies that “federal law no longer prohibits the possession of a firearm by certain individuals who are users of or addicted to marijuana.”

Until then, businesses that fail to post the notice would be subject to a civil penalty of $250 per day, with those fees going to state general fund.

The GOP lawmakers also filed a separate bill, HB 1024, that would require state application forms for medical cannabis cards to contain a notice of the federal restrictions on gun possession by marijuana consumers. Patients would have to sign to specifically acknowledge the warning.

The Justice Department has insisted on the necessity of the ban in numerous federal courts, arguing at points that people who use marijuana and possess guns pose a unique danger, akin to permitting people with serious mental illness to own firearms.

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Federal Lawsuit Challenges Mississippi’s Ban On Marijuana Advertising, Citing Free-Speech Rights

Mississippi’s medical cannabis advertising ban is preventing a small dispensary from attracting customers, Tru Source owner Clarence Cocroft is arguing in a federal lawsuit that casts the law as a violation of his free-speech rights.

Though medical marijuana is now legal for Mississippians with qualifying conditions and a medical cannabis card, state law prohibits dispensary owners and cultivators from advertising cannabis products.

“It’s a daunting task to stay in the industry when you can’t advertise,” Cocroft told the Mississippi Free Press on December 8. “And it’s legal. If they allow you to get licensed, they should allow you to promote your business.”

Cocroft owns Tru Source, the state’s first Black-owned medical cannabis dispensary, located in the southeast industrial zoning area of Olive Branch, Mississippi. Cocroft and his dispensary filed a lawsuit on November 14 against the officials in charge of the regulations at the Mississippi State Department of Health, the Mississippi Department of Revenue and the Mississippi Alcohol Beverage Control Bureau.

To open a medical cannabis shop in the state, a person must apply for a dispensary license, register for a sales tax permit and pay thousands of dollars in fees. A person must have a medical cannabis card and be over the age of 21 to enter a dispensary.

“The fight was, ‘OK, we’re paying you all a lot of taxes. We’re abiding by all your rules that you have set forth. All we’re asking is simple: Allow us to advertise. It’s going to increase your tax rate as a state,’” Cocroft said.

Tru Source relies on its website, word of mouth and signs posted on the building for advertising. But Cocroft cannot advertise his dispensary or its website in any other advertising medium. The owner said many customers would not have known about the store if they had not driven by the area.

“It’s not just me in my location that cannot advertise,” he said. “It’s every location in Olive Branch; it’s every dispensary in DeSoto County and all 82 counties,” Cocroft said.

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Most Military Service Members, Veterans And Their Families Support Allowing VA Doctors To Recommend Marijuana And Psychedelics

Active duty military personnel, veterans and their family members support allowing U.S. Department of Veterans Affairs (VA) doctors to recommend medical marijuana and psychedelics to patients if they believe it would provide a benefit, according to results of a survey from Ohio State University (OSU).

Researchers polled service members, veterans, their family members and non-military respondents over a few weeks in late August and early September, the report says. All told, 1,168 individuals participated, including 315 active and veteran military members, 426 members of military families and 427 non-military individuals. The goal was to assess the differing likelihoods across the categories of respondents to support various statements about medical marijuana and psychedelics as available treatment options.

“Given the prevalence of health issues within the veteran community and the need for a wide range of treatment options, some researchers have started to explore whether and how veteran populations should have access to alternative treatment options such as marijuana and psychedelics,” authors wrote in the preprint paper, which was published this month by OSU law school’s Drug Enforcement and Policy Center and has not been peer-reviewed. “Studies of veteran views on these issues, however, have not closely explored how veteran perspectives on certain drug issues compare directly to those in their immediate and broader community.”

The survey participants, drawn from the volunteer American Population Panel, were asked whether they agreed or disagreed with four statements about marijuana and psychedelics:

  1. Marijuana/psychedelics can be an effective treatment for various medical conditions.
  2. A doctor should be legally allowed to recommend marijuana/psychedelics if the doctor believes the patient could benefit from medical marijuana/psychedelics, even without FDA approval.
  3. A doctor should be legally allowed to recommend marijuana/psychedelics, but only after it has received an approval by the U.S. Food and Drug Administration.
  4. Because of the unique hardships and health conditions experienced by veterans, U.S. Veterans Administration doctors should be legally allowed to recommend marijuana/psychedelics to veterans if the doctor believes the patient could benefit from marijuana/psychedelics.

Strong majorities of all three surveyed groups agreed the substances can be effective treatments, with even more sizable proportions saying that Veterans Administration (VA) doctors should be able to legally recommend the substances to patients if they believe they would provide some benefit.

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Ukraine Legalizes Medical Marijuana

Ukraine’s unicameral parliament, the Verkhovna Rada’ passed a bill Thursday on the legalization of medical marijuana. The bill was approved in a 248-16 votes, reported the Odessa Journal.

The legislation was recently blocked by a single opposition party and hundreds of its “spam amendments.”

In June 2023 Ukraine’s president Volodymyr Zelenskyy confirmed his support for legalizing medical marijuana. He said at the time that Ukraine should undertake an effort to create the best mental and physical rehabilitation sector in Europe by building centers and educating personnel.

“In particular, we must finally honestly legalize cannabis-based medicine for everyone who needs it, [with] the relevant scientific research and controlled Ukrainian manufacturing,” Zelensky said.

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