Tag: the war on (some) drugs

South Dakota Senate Approves Medical Marijuana ‘Guardrails’ For People On Probation And Parole

The state Senate endorsed a bill that would require parolees and probationers to get additional sign-offs from a health care practitioner to get a medical cannabis card.

Current law on medical cannabis has no prohibitions on access for people on probation or parole, even as steering clear of drugs and alcohol are often expectations for those serving out a sentence of supervision.

Senate Bill 191 wouldn’t bar the issuance of a medical cannabis card for a person on supervised release. It would instead require that the recommending practitioner certify that the drug is consistent with the patient’s care plan for a debilitating medical condition, that it’s reasonable based on the practitioner’s observations about the patient and that it’s a better option than alternative treatments. Those certifications would need to be delivered in some form to a court services officer or parole officer.

Sen. Jim Mehlhaff (R-Pierre) told the Senate that the state’s Unified Judicial System and Department of Corrections wanted some “guardrails” against abuse of the medical cannabis system by people under their supervision.

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Top Ohio Democratic Senator Says House GOP Failure To Speed Up Marijuana Sales Is A ‘Disservice’ To Voters

A top Ohio Democratic senator says GOP House leadership is doing a “disservice” to the public by failing to advance legislation to expedite marijuana sales after voters approved a legalization ballot measure last year.

The criticism is increasingly bipartisan, as Gov. Mike DeWine (R) has similarly pushed the legislature to pave a faster pathway to sales to resolve the “ridiculous” situation Ohio has found itself in—a regulatory limbo where cannabis is legal to possess and grow but access to licensed shops is months away.

“It’s really being held up in the House,” Senate Minority Leader Nickie Antonio (D) told WKRC, adding that it’s “really a disservice to the people of Ohio.”

The Senate did pass a bill in December that would address the issue by allowing existing medical cannabis dispensaries to dually serve patients and adult consumers within 90 days of enactment, in addition to other changes to the initiated statute. But the House hasn’t taken it up, and the chamber has also been considering an alternative package.

“Every day that goes by where we don’t have the ability for folks to either go to the medical dispensaries to legally purchase, we also open ourselves up for an illegal market,” Antonio said. “All that time that passes without having these pathways to legal purchase, without having expungements, and that means people who could have this on their record that aren’t able to get jobs, not able to change things in their lives because of having this record.”

House Speaker Jason Stephens (R) said earlier this month that it’s a “complex issue,” after his chamber declined to take up the Senate-passed legislation.

Meanwhile, James Canepa, who was selected to serve as the first superintendent of the Division of Cannabis Control (DCC), says that the legislature’s delayed action could complicate regulators’ work to effectively stand up the new market.

“To test it, to process it, to sell it, to grow it—you need a permit. And there are steps that need to happen. One of the big steps is this rulemaking process,” he said. “The division doesn’t have unilateral authority to decide whatever the rules are going to be.”

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Justice Department Researcher Says ‘We May Need Better Tests’ For Marijuana Impairment, Questioning ‘Per Se’ THC Limits For Driving

A Justice Department research says states may need to “get away from that idea” that marijuana impairment can be tested based on the concentration of THC in a person’s system.

Frances Scott, a physical scientist at the National Institute of Justice (NIJ) Office of Investigative and Forensic Sciences under DOJ, discussed the challenges of cannabis impairment testing in an episode of the Justice Today podcast that was posted late last month.

Scott questioned the efficacy of setting “per se” THC limits for driving that some states have enacted, making it so a person can be charged with driving while impaired based on the concentration of cannabis components in their system. Ultimately, there may not be a way to assess impairment from THC like we do for alcohol, she said.

One complication, Scott said, is that “if you have chronic users versus infrequent users, they have very different concentrations correlated to different effects.”

“So the same effect level, if you will, will be correlated with a very different concentration of THC in the blood of a chronic user versus an infrequent user,” she said.

That issue was also examined in a recent federally funded study that identified two different methods of more accurately testing for recent THC use that accounts for the fact that metabolites of the cannabinoid can stay present in a person’s system for weeks or months after consumption.

“The problem is we’ve funded this research that pretty conclusively shows that the THC concentration in the blood is not particularly well-correlated with impairment for driving,” Scott said. “One of the outstanding questions is trying to figure out, is there a good proxy, a good metric, that we can use?”

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New Idaho Bill Would Apply $420 Mandatory Minimum Fine For Marijuana Possession

Anyone convicted of possessing less than three ounces of marijuana in Idaho would receive a mandatory minimum fine of $420 if a new bill introduced in the Idaho Legislature becomes law.

House Bill 606 is Rep. Bruce Skaug’s second attempt to pass a bill creating a mandatory minimum fine for possession of less than three ounces of marijuana, after House Bill 559 was introduced on February 13.

On Tuesday, Skaug, R-Nampa, told members of the House State Affairs Committee that House Bill 606 replaces House Bill 559 and makes a technical correction. The difference is the newest bill adds language that basically says any other penalties specified in state law can also be applied, in addition to the $420 fine.

If passed into law, the new bill would amend the existing penalties in Idaho law for manufacturing, delivery or possession of controlled substances. Idaho law already specifies that anyone possessing more than three ounces of marijuana can be punished with a prison sentence of up to five years and a fine of up to $10,000, or both. The new bill simply adds a fine of not less than $420 for possession of less than three ounces of marijuana. State law describes marijuana as “all parts of the plants of the genus cannabis, including the extract or any preparation of cannabis which contains tetrahydrocannabinol.”

The $420 fine is a known reference to slang for getting high on marijuana. During Tuesday’s short introductory hearing, Skaug also dropped several marijuana-related puns when he told committee he “smoked out” the problem in his last bill and ran the changes by his assistant, “Mary Jane.”

Other than Wyoming, Idaho’s neighboring states have legalized medical or recreational marijuana. Utah allows for the possession and use of medical marijuana for qualified patients who have a medical cannabis card. Washington, Oregon, Montana and Nevada allow recreational marijuana.

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Analysis: Cannabis Products Provide Sustained Improvements In Sleep Quality For Patients With Insomnia

Insomnia patients who consume cannabis products report sustained improvements in their sleep quality, according to data published in the journal Brain & Behavior. 

British investigators assessed the safety and efficacy of plant-derived cannabis products (either oils, flower, or a combination of both) in over 60 patients enrolled in the UK Medical Cannabis Registry. Cohort participants possessed a doctor’s authorization to access cannabis products. (Since 2018, specialists have been permitted to prescribe cannabis-based medicinal products to patients unresponsive to conventional medications.) Authors assessed the efficacy of cannabis at one, three, and six months.

Researchers reported that cannabis products were “well tolerated” and that they were associated with better sleep, reduced anxiety, and greater quality of life. 

They concluded: “More than 40 percent of participants who completed each PROM [patient-reported outcome measure] round reported clinically significant improvement in their sleep quality at each time period. These results show that initiation of CBMP [cannabis-based medicinal products] therapy was associated with improvements in those patients who had previously failed to respond to currently licensed treatments for insomnia.”

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Alabama Medical Marijuana Access Could Take Months, Even After Licensing Lawsuits End

Antoine Mordican has a medical cannabis cultivation license. And he is building out a facility to begin growing the product.

Under state law, he has to demonstrate he can maintain cultivation facilities; use an inventory control system approved by the state; can start cannabis cultivation within 60 days; can dispose of plant waste according to regulations; and can maintain financial stability.

“I’m building—getting everything in place, getting the necessary parameters and everything in place to be in compliance, such as security,” said Mordican, the CEO of Native Black Cultivation.

But when he will see actual marijuana plants grow depends on what approach he takes.

If he grows from seed, which Mordican plans to start out with, it would take about six to eight months before he can get the first harvest.

If growing from a clone, or a cutting from a growing plant, it would be closer to four to six months. Mordican said he might look at that approach, but added that he’s not in a rush.

“Everybody’s got their own techniques,” he said. “My goal is to be within compliance with the revenue rules and regulations.”

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Medical marijuana market balloons as Florida weighs recreational use

As Florida inches closer to recreational marijuana with a 2024 ballot initiative, the Sunshine State is looking to double the size of its medical marijuana industry within the next six months.

Florida’s $2 billion medical-only cannabis market is already the nation’s most lucrative — and the state Department of Health has just spiked the biennial license fee from $60,000 to $1.33 million to grow, process and sell the substance.

Florida’s medical-only market is also the nation’s largest — its patient roster is 15 times larger than it was 5 years ago when Gov. Ron DeSantis signed the Medical Use of Marijuana law that removed smoking restrictions.

Today, the Sunshine State is home about 872,000 patients with ID cards issued by 2,741 physicians filled at 618 dispensaries, according to the state’s top marijuana regulator.

Citing a 71% increase in active patients over just the past two years, Florida’s Office of Medical Marijuana Use is now hoping to process 22 more medical cannabis licenses by this summer, which would nearly double the number of operators.

A medical marijuana card costs $75 each time it is issued or renewed, which is required every six to seven months.

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Decriminalizing marijuana in Ohio is long overdue, but work is not done

In a historic move, Ohio has embraced the legalization of recreational marijuana, marking a significant shift in our state’s approach to cannabis. This landmark decision promotes personal freedom and fosters justice, equity and economic opportunity.

With the legalization of recreational marijuana, Ohioans now have the freedom to possess, consume and cultivate cannabis for personal use without fear of legal repercussions. This policy change represents a crucial step forward, bringing an end to the unjust criminalization of individuals for nonviolent offenses.

However, our work is far from over. Despite the legalization of recreational marijuana, many Ohioans continue to suffer the consequences of past convictions. Misdemeanor marijuana charges have hindered individuals from obtaining driver’s licenses, seeking employment and rebuilding their lives. It is time for our courts to do their part in righting these wrongs.

That is why it is imperative for courts across the state to host “Amnesty Days” and dismiss misdemeanor marijuana cases. These events would allow individuals to clear their records and regain their ability to drive legally. By removing this barrier to employment and mobility, we can empower Ohioans to participate fully in society and contribute to their communities.

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New South Dakota Law Removes Workplace Protections For Medical Marijuana Patients In Safety-Sensitive Jobs

South Dakota’s Gov. Kristi Noem (R) signed a bill into law this week that would roll back employment protections medical marijuana patients slightly, allowing employers to take action against people who test positive for THC if they work in a safety-sensitive position.

The bill, SB 12, also clarifies that discipline or termination for violating a drug-free workplace policy is not grounds for an employment discrimination or wrongful termination claim.

The change adds clear boundaries to the state’s workplace drug law, which says that “a registered qualifying patient who uses cannabis for a medical purpose shall be afforded all the same rights under state and local law, as the person would be afforded if the person were solely prescribed a pharmaceutical medication.”

SB 12‘s adoption means that’s no longer the case for safety-sensitive workers, which include positions like pilots, construction workers, healthcare professionals, teachers, nursing home employees, truck drivers and others.

While state law already contains a provision specifying that no employer is required to “allow any employee to work while under the influence of cannabis,” testing positive for THC or its metabolites does not mean that a person is impaired on the job, as evidence can be detectible in a person’s bloodstream for days or weeks after consuming marijuana.

On one hand, the change brings South Dakota in line with other states that have established anti-discrimination protections for workers who use marijuana but excluded safety-sensitive positions. On the other hand, the move to limit workplace protections around cannabis rather expand them makes South Dakota an outlier relative to recent trends.

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New Mexico Senate Passes Psilocybin Therapy And Research Resolution In Unanimous Vote

The New Mexico Senate has unanimously approved a bipartisan resolution requesting that state officials research the therapeutic potential of psilocybin and explore the creation of a regulatory framework to provide access to the psychedelic.

The body voted 37-0 to pass the measure from Senate Minority Whip Craig Brandt (R) and Sen. Jeff Steinborn (D).

The action came days after the Health and Public Affairs Committee had approved the legislation, also unanimously.

As “memorial” legislation, the proposal isn’t binding. Rather, it would represent a formal request for the state Department of Health to “study the efficacy of using psilocybin mushrooms for therapeutic treatments and the establishment of a program for psilocybin mushrooms to be used for therapeutic medical treatments.”

The whereas section of the resolution cites various studies supporting the therapeutic benefits of psilocybin for conditions such as major depression and substance misuse, while pointing out that the federal Food and Drug Administration (FDA) has designated the psychedelic as a “breakthrough therapy.”

To that end, the measure states that the health department should look into “necessary statutory or regulatory framework for developing” a state-level psilocybin program.

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