Tag: medical marijuana

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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Pennsylvania Lawmakers Approve Bills To Protect Medical Cannabis Patients From DUI Charges

Pennsylvania lawmakers have advanced a pair of bills meant to prevent police from charging medical cannabis patients with impaired driving without proof of intoxication.

The Senate version of the legislation from Sen. Camera Bartolotta (R) cleared the Senate Transportation Committee, with amendments, in a unanimous vote last week.

Meanwhile, a House bill sponsored by Rep. Christopher Rabb (D), which is drafted differently but meant to achieve the same goal, passed that chamber’s Transportation Committee, 14-10.

Bartolotta said the measure—an earlier version of which also advanced last year—is designed to close a “loophole” in Pennsylvania’s medical cannabis law that currently permits law enforcement to arrest and prosecute patients for driving under the influence of marijuana without demonstrating that they are actively impaired.

“In 2016, we legalized the use of medicinal cannabis for a myriad of conditions. We were very careful with how the language was crafted in an attempt to avoid unintended consequences,” the senator said during the committee meeting. “Since that time, it has become very obvious that we overlooked one very important aspect.”

She pointed out that the majority of states, including some that have not legalized medical marijuana, require proof of impairment for DUI cases. But Pennsylvania’s law maintains that cannabis is considered a Schedule I drug for the purposes of impaired driving, regardless of a person’s status as a state-registered medical marijuana patient.

That’s led to situations where people have faced DUI charges after being stopped by police, identifying as a medical cannabis patient and then being required to submit to a drug test that showed the presence of inactive THC metabolites, which can stay in a person’s systems for days or weeks after using marijuana.

“No one should be put through this situation if they are legally and responsibly using medical cannabis in Pennsylvania,” Bartolotta said. “It is past time that we correct this egregious oversight.”

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29 Former Federal Prosecutors Urge Biden Administration To Leave Marijuana In Schedule I

In a letter sent to the heads of the Department of Justice (DOJ) and Drug Enforcement Administration (DEA) this week, 29 former U.S. attorneys are urging the Biden administration to leave cannabis in Schedule I of the Controlled Substances Act (CSA), arguing that “marijuana has only become more dangerous, potent, and addictive” since the government last reviewed its scheduling in 2016.

The correspondence comes as DEA continues its review of marijuana’s scheduling after the U.S. Department of Health and Human Services (HHS) recommended in August that the substance be moved, reportedly to Schedule III.

“Almost no one has benefitted from legal weed,” the former federal prosecutors claim in the new letter, “but there is one group coming out on top: drug cartels. Many states have enacted home-grow marijuana laws, which led to cartels growing marijuana in the United States to cut trafficking costs.”

The letter, to Attorney General Merrick Garland and DEA Administrator Anne Milgram, does not cite a source for that claim. Most states limit legal home cultivation for cannabis to less than a dozen plants and outlaw unlicensed commercial sales.

One of the main reasons for marijuana’s current Schedule I status is the government’s assertion that the plant has no recognized medical use—an issue reform advocates have challenged as more than three-quarters of all U.S. states have adopted medical cannabis laws.

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GOP Kansas Senate President Is ‘Open’ To Limited Medical Marijuana For Seriously Ill While Dismissing Public Support For Legalization

The GOP Kansas Senate leader says he’s “open” to medical marijuana—but only in restricted form for seriously ill or terminal patients. And he might want to do a pilot program first before potentially expanding the limited reform.

During an interview with KCUR that aired on Thursday, Senate President Ty Masterson (R) was asked about his willingness to enact cannabis legalization given how recent polling shows overwhelming public support for the policy change.

He first suggested that most Kansans only support medical cannabis for “palliative care,” and claimed that “recreational was not addressed as a majority” in the recent survey. The host pressed him, pointing out that the recent Kansas Speaks fall poll found 67 percent support for taxing and regulating adult-use marijuana.

“If you look at that question, I think most people would answer yes, but they don’t know what they’re actually saying yes to,” Masterson, whose chamber declined to act on a House-passed medical marijuana legalization bill in 2021, argued. He cited concerns with the implementation of adult-use legalization in neighboring Oklahoma.

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Arizona Officials Will Stop Investigating Reports Of Newborn Marijuana Exposure If Parent Is Medical Cannabis Patient

Arizona officials say they will stop investigating reports of marijuana exposure in newborns so long as the parents are registered medical cannabis patients.

The Arizona Department of Child Safety (DCS) said a state appeals court ruling that upheld parental rights to use medical cannabis means that its own policy must be revised.

That case concerned a mother who petitioned to have her name removed from a registry for people who are deemed to be potential threats to at-risk populations such as children. She was placed on that list after her newborn tested positive for THC metabolites at a hospital, and the appeals court unanimously ruled last year that the mother’s status as a medical cannabis patient meant she needed to be removed from the registry.

After the state Supreme Court declined to take up the case on appeal, DCS said it is implementing a reform to broadly enact parental medical cannabis protections, AZ Central reported. Specifically, the administration of Gov. Katie Hobbs (D) will work with DCS to update its hotline and other policy resources for child welfare reporting to reflect the court precedent.

The new policy change only affects cases involving parents who are registered medical cannabis patients and does not impact rules surrounding recreational marijuana use.

“Under current law, the Department is required to take a report and investigate prenatal substance exposure that is reported to the Department for recreational, but not medical marijuana use, if the parent has a valid medical marijuana card,” a DCS spokesperson told Marijuana Moment on Tuesday. “A change to state law would be required for the Department to no longer take reports on recreational prenatal use.”

That said, the use of marijuana or other drugs after pregnancy is not on its own considered evidence of child neglect, the spokesperson added. Drug use must be shown to be “causing a substantial risk to the child” in order to warrant investigation. And even then, “the Department does not remove children for substance use” alone.

“The Department removes a child when a parent or guardian’s substance use makes the child unsafe, and the safety concern cannot be remedied in a less intrusive way,” they said.

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New Jersey Cuts Cost Of Medical Marijuana Registration As Enrollment Declines

In an attempt to keep enrollment for medical marijuana patients from continuing to drop, the state cannabis agency has lowered registration costs to just $10 every two years, down from $50 for most patients.

Enrollment in the medical marijuana program has been declining since the state launched recreational marijuana sales in April 2022, officials with the Cannabis Regulatory Commission said at their meeting Thursday. The number of medical marijuana patients has tumbled to fewer than 94,000, down from 128,000 when recreational cannabis sales started, state data shows.

Jeff Brown, the commission’s executive director, said while medicinal sales drop, adult sales continue to grow at about 10 percent each quarter. Consumers spent about $206 million on cannabis in the third quarter of 2023, with nearly $177 million in recreational sales, the commission said. Medicinal sales totaled about $29 million in the third quarter of 2023, down from $61 million at the same time last year.

Brown said the move to drop the cost of registering in the medicinal program will “hopefully incentivize patients.”

“Many patients face barriers to accessing treatment due to costs, like paying out of pocket for doctor’s visits and the cost of cannabis. NJ-CRC is doing everything in our power to eliminate as many barriers as possible to ensure those who can benefit from cannabis treatment remain in the program,” Brown said in a statement.

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Medical Marijuana Growers And Caregivers Can Own Guns, But Patients Can’t, FBI Says In Little-Noticed Memo

Being a state-registered medical marijuana caregiver or grower doesn’t automatically disqualify a person from owning a firearm, the FBI says. But merely possessing a medical cannabis card as a patient does render a person ineligible.

Amid the growing tension between federal gun policies and the ever-expanding state marijuana legalization movement, a little-noticed FBI memo from 2019 offers a lens into the byzantine legal interpretations surrounding cannabis and firearms—an issue that’s recently been raised in multiple federal court cases.

The government has several different ways it assesses firearm eligibility in the context of cannabis, according to the memo from FBI’s Criminal Justice Information Services (CJIS) Division, which was briefly noted in a report from The New York Times last week. In some cases, that involves affirmatively restricting gun rights based on activities or documentation that doesn’t necessarily mean a person is an active marijuana consumer.

At their core, the federal rules say that being an “unlawful user” of a controlled substance, including marijuana, means a person cannot buy or possess a gun. Would-be gun purchasers are required to disclose such use as part of a Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) form before making a purchase, and lying on that form is a felony offense.

The statute behind that prohibition has been challenged in a number of federal courts over the past couple of years, with more than one judicial body determining that the restriction is unconstitutional. The Department of Justice (DOJ) has steadfastly defended the ban, however, contending that medical marijuana patients and everyday consumers pose unique dangers to society that justify withholding Second Amendment rights.

But the federal government’s interpretation of the policy is apparently more nuanced, as evidenced by the memo from CJIS’s National Instant Criminal Background Check System Section that’s gone largely unscrutinized since being published more than four years ago.

A person’s firearm eligibility is partly determined by whether their use of a controlled substance is deemed “current.” FBI says that’s “not limited to the use of drugs on a particular day, or within a matter of days or weeks before, but rather that the unlawful use has occurred recently enough to indicate the individual is actively engaged in such conduct.”

“ATF has determined that the present time is represented by the time frame of within the past 12 months,” the memo says.

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