Tag: medical marijuana

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.”

Keep reading

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.

Keep reading

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.

Keep reading

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.

Keep reading

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.

Keep reading

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.

Keep reading

Feds Release 250+ Pages Of Redacted Documents On Marijuana Rescheduling Recommendation, Detailing Cannabis’s Medical Value

More than three months after news leaked that the U.S. Health and Human Services Department (HHS) was recommending that marijuana be moved to Schedule III under the federal Controlled Substances Act (CSA), the agency has finally released a tranche of documents related to its recommendation and the detailed review it undertook on cannabis’s accepted medical value.

Among the materials newly made public are correspondence from HHS officials to Drug Enforcement Administration (DEA) Administrator Anne Milgram as well explanations of the health agency’s reasoning for the recommended change after conducting a required eight-factor analysis under the CSA. Most pages are heavily redacted, however, and some were withheld completely.

The documents were posted online Thursday by attorneys Shane Pennington and Matt Zorn, coauthors of the blog On Drugs. Zorn previously submitted a request under the Freedom of Information Act (FOIA) to obtain the records.

“We haven’t had a chance to wade through it all,” the two lawyers wrote, “but are putting it up here now and will follow up as soon as we’ve studied everything more deeply.”

In response to the FOIA request, HHS “reviewed 252 pages of records,” releasing just two pages in their entirety. Another 236 were redacted in part, while 14 pages were withheld completely. All the released documents are embedded at the end of this article.

Broadly, the documents outline new scientific information that’s come to light in recent years subsequent to an earlier denial of a rescheduling petition, which HHS suggests might now necessitate rescheduling marijuana.

“The current review is largely focused on modern scientific considerations on whether marijuana has a CAMU [currently accepted medical use] and on new epidemiological data related to the abuse of marijuana in the years since the 2015 HHS” evaluation of marijuana under the CSA’s eight-factor analysis.

HHS also notes that it “analyzed considerable data related to the abuse potential of marijuana,” but added that it’s a complicated consideration.

“Determining the abuse potential of a substance is complex with many dimensions,” HHS wrote, “and no single test or assessment provides a complete characterization. Thus, no single measure of abuse potential is ideal.”

Most subsequent pages of the document were withheld completely.

Keep reading

Florida Medical Marijuana Company Asks Court To Block Legalization Initiative That Would ‘Significantly Impact’ Its Business And Patients

A Florida medical marijuana certification company is seeking to block an adult-use cannabis legalization ballot initiative in the state Supreme Court, arguing that the reform “disproportionately prioritizes” profits from recreational sales and that it would “significantly impact our business operations and the well-being of our clients.”

My Florida Green, a service that connects patients seeking medical cannabis cards to doctors who can certify them, is asking the court to allow it to submit an amicus curiae brief in the case contesting the Smart & Safe Florida legalization measure that was brought by state Attorney General Ashley Moody (R).

The company says that it’s not opposed to adult-use legalization in principle, but it’s arguing that there are “potential consequences” of the 2024 constitutional amendment that could impact “patient care and public health.”

Keep reading

DEA Threatens Georgia Pharmacies Over Dispensing Medical Marijuana Under State Law

Georgia recently became the first U.S. state to allow pharmacies to sell medical marijuana, with nearly 120 facilities applying to sell cannabis oil as of October. But now the federal Drug Enforcement Administration (DEA) is warning pharmacies that dispensing THC is unlawful because it remains a Schedule I drug.

“All DEA registrants, including DEA-registered pharmacies, are required to abide by all relevant federal laws and regulations,” says a copy of a letter sent to a Georgia pharmacy by Matthew J. Strait, a DEA deputy assistant administrator in the agency’s Diversion Control Division. “A DEA-registered pharmacy may only dispense controlled substances in Schedules II-V of the Controlled Substances Act. Neither marijuana nor THC can lawfully be possessed, handled, or dispensed by any DEA-registered pharmacy.”

The letter, dated November 27, was first posted online by Smart Approaches to Marijuana (SAM), an anti-cannabis advocacy group. DEA did not immediately respond to emails from Marijuana Moment attempting to confirm its authenticity.

One potential complicating factor around DEA’s advisory is a congressional budget rider that prevents the the Department of Justice from spending resources to interfere with the implementation of state medical marijuana laws. The provision was first enacted into law in 2014 and was extended last month to at least February 2024.

It’s not immediately clear how DEA squares its threat against state-authorized pharmacies that provide medical cannabis oil to patients with the agency’s obligation to follow the congressionally enacted federal law.

Keep reading

US States With Medical Cannabis Access See Decline in Nonmedical Opioid Prescriptions

Medical cannabis legalization is associated with a decrease in the frequency of nonmedical prescription opioid use, according to a Rutgers study.

The study, published in the International Journal of Mental Health and Addiction, examined data from a nationally representative survey of adults who reported nonmedical prescription opioid use – or using prescription medications without a prescription or in a manner other than prescribed.

According to the study, when states implement medical cannabis laws, there is a 0.5 to 1.5 percentage point decrease in regular to frequent (up to or greater than once per week on average) nonmedical prescription opioid use among people who reported using opioids in the previous year. However, these reductions were concentrated in people who met diagnostic criteria for cannabis addiction.

Still, the pros of legalizing marijuana to address risky opioid use should be considered alongside the cons, according to Hillary Samples, faculty member at the Center for Pharmacoepidemiology and Treatment Science in the Rutgers Institute for Health, Health Care Policy and Aging Research and lead author of the study.

“There might be some benefits to allowing legal access to medical cannabis in the context of opioid-related harms, ”Samples said. “However, from a policy perspective, there are much more effective interventions to address the ongoing overdose crisis, such as increasing access to treatment for opioid addiction.”

According to the Centers for Disease Control and Prevention, the rate of drug overdose deaths rose more than 14 percent from 2020 to 2021 in the United States. To understand approaches to mitigate this crisis, researchers have examined whether cannabis serves as an alternative to opioid use as cannabis might help with pain and symptoms of opioid withdrawal.

Keep reading