Tag: medical marijuana legalization

Gov. Newsom Signs Medical Marijuana Compassionate Care Bill Into Law

The bill would exempt compassionate care programs from state cannabis taxes.

After years of support from compassionate care providers, veterans groups and medical marijuana advocates, California Governor Gavin Newsom signed SB-34—the Dennis Peron and Brownie Mary Act—into law on October 12, 2019.

High Times reported that the bill—named after San Francisco medical marijuana activists, Dennis Peron and Mary Jane Rathbun—would exempt compassionate care programs from state cannabis taxes.

High Tax Rates Have Hindered Compassionate Care Programs

The programs, which provide medicinal marijuana to low-income patients for minor fees or free of charge, have either been shuttered or incapacitated by the Golden State’s high marijuana tax rate, which as of January 2019 stood at 15%. The passage of the bill will allow such programs to continue to provide assistance to patients who may have turned to the state’s black market industry for cannabis.

The bill’s chief sponsor, Senator Scott Wiener (D-San Francisco), issued a statement that said, in part, “Access to medical cannabis has allowed so many people living with HIV, cancer, PTSD, and other health conditions to survive and thrive. Taxing programs that give away free medical cannabis, and thus have no revenue, makes no sense and has caused far too many of these programs to close. SB-34 will allow compassionate care programs to survive and serve those in need.”

The Bill Was Vetoed Back In 2018

The bill nearly passed in 2018, but then-Governor Jerry Brown vetoed the legislation, citing that exempting compassionate care programs from the same tax rate as retail cannabis businesses might run contrary to the decision of voters who passed Proposition 64, the state’s marijuana legalization initiative.

But as Josh Drayton, Communication and Outreach Director for the California Cannabis Industry Association, told High Times, “While Prop 64 did not intend to cut off medical cannabis to compassionate use patients, by imposing all state taxes on donated cannabis products, licensed operators have been inhibited from donating product, and as a result, patients have been forced to the unregulated, illicit market to get their much needed medicine.”

The Bill Pays Homage To Noted Marijuana Activists Dennis Peron & “Brownie Mary”

California NORML Deputy Director Ellen Komp was pleased to see that the bill paid homage to Peron and Rathbun, who earned the nickname “Brownie Mary” for baking cannabis brownies for, among others, AIDS patients at San Francisco General Hospital in the 1980s. Both were key figures in the passage of Prop 215, which in 1996 made California the first state to exempt caregivers and patients from criminal charges for medical marijuana possession or cultivation.

“Compassion is what they were all about,” she said. “And [that’s] what first brought medical marijuana to all of us in California and the nation,” Komp told High Times.

View the original article at thefix.com

25 October 2019
Georgia Expands Medical Marijuana Program

The new law allows cannabis to be grown at four facilities in the state, and oils to be sold at 28 dispensaries.

On Wednesday, Georgia governor Brian Kemp signed a bill into law that will allow medical marijuana patients to legally purchase some cannabis products in the state.

The state has allowed patients to use cannabis oil since 2015, but they have not been legally able to purchase oils in Georgia, according to The Atlanta Journal-Constitution. It is also illegal to grow cannabis or bring it in from another state.

Dr. Larry Tune, a geriatric neuropsychiatrist at Emory University Hospital, said that he would write prescriptions for medical marijuana, knowing how difficult it would be for patients to obtain.

“We can do that paperwork but it’s pointless,” he said.

The new law allows cannabis to be grown at four facilities in the state, and oils to be sold at 28 dispensaries, the AJC reported. Gov. Brian Kemp signed the measure on Wednesday, a little under a week after it passed the Senate.

Kemp said earlier this month that he understood why lawmakers in Georgia were hesitant to change the state’s marijuana laws, but he also recognized that the measure was important.

“It’s a very, very tough issue. But there’s a lot of legislative support for it. I respect the legislative process, and I understand why people are doing it, and I understand why people have grave concerns about this,” he said. “I have all of those feelings. It’s a really tough spot.”

Sen. Matt Brass, a Republican, said that the expansion will make life easier for people who are critically ill, including children.

“Some may argue that this is not medicine,” he said. “But we had testimony of children having 80 to 100 seizures a day, but after taking the oil are having just one a week.”

Although no lawmakers spoke out against the new law, Lt. Gov. Geoff Duncan said that the law is not the first step to radially changing marijuana policy in Georgia.

“There is no part of me that wants any steps toward recreational marijuana,” he said.

Shannon Cloud, whose daughter uses medical marijuana, said the law will improve the lives of patients who need the treatment.

“I had a career, and I had to quit in part because of this. I wanted to spend more time with my kids, but it takes a lot of time to coordinate all of this,” she said of obtaining her daughters’ medication. “I am not getting paid. I am just trying to get people the medicine.”

View the original article at thefix.com

19 April 2019
Georgia To Expand Medical Marijuana Program

The new bill will allow cannabis to be grown at four facilities in the state, and oils to be sold at 28 dispensaries.

Georgia is set to expand its medical marijuana program this week when the governor signs a bill that will allow medical marijuana patients to legally purchase some cannabis products in the state.

The state has allowed patients to use cannabis oil since 2015, but they have not been legally able to purchase oils in Georgia, according to The Atlanta Journal-Constitution. It is also illegal to grow cannabis or bring it in from another state.

Dr. Larry Tune, a geriatric neuropsychiatrist at Emory University Hospital, said that he would write prescriptions for medical marijuana, knowing how difficult it would be for patients to obtain.

“We can do that paperwork but it’s pointless,” he said.

The new bill will allow cannabis to be grown at four facilities in the state, and oils to be sold at 28 dispensaries, the AJC reported. Gov. Brian Kemp is expected to sign the measure on Wednesday, after it passed the Senate on Friday (April 12).

Kemp said earlier this month that he understood why lawmakers in Georgia were hesitant to change the state’s marijuana laws, but he also recognized that the measure was important.

“It’s a very, very tough issue. But there’s a lot of legislative support for it. I respect the legislative process, and I understand why people are doing it, and I understand why people have grave concerns about this,” he said. “I have all of those feelings. It’s a really tough spot.”

Sen. Matt Brass, a Republican, said that the expansion will make life easier for people who are critically ill, including children.

“Some may argue that this is not medicine,” he said. “But we had testimony of children having 80 to 100 seizures a day, but after taking the oil are having just one a week.”

Although no lawmakers spoke out against the bill, Lt. Gov. Geoff Duncan said that the new measure is not the first step to radially changing marijuana policy in Georgia.

“There is no part of me that wants any steps toward recreational marijuana,” he said.

Shannon Cloud, whose daughter uses medical marijuana, said that the measure will improve the lives of patients who need the treatment.

“I had a career, and I had to quit in part because of this. I wanted to spend more time with my kids, but it takes a lot of time to coordinate all of this,” she said of obtaining her daughters’ medication. “I am not getting paid. I am just trying to get people the medicine.”

View the original article at thefix.com

19 April 2019
Florida Ends Medical Marijuana Smoking Ban

“It’s a triumph owed to the relentless advocacy of Floridians who refused to be silenced,” said the state’s Agriculture Commissioner.

Nearly two years after the state approved a medical marijuana program, officials in Florida have made it possible for people to smoke medical marijuana by lifting a ban on selling marijuana buds in the state.

Republican Gov. Ron DeSantis signed the bill that removed the ban on Monday (March 18). He had been pushing for the legislature to pass such a law that would lift the ban, after a court in Florida ruled that prohibiting smokable medical marijuana violated the state’s constitution, which was amended to allow medical marijuana use.

“Over 70% of Florida voters approved medical marijuana in 2016,” DeSantis tweeted last Monday. “I thank my colleagues in the Legislature for working with me to ensure the will of the voters is upheld.”

Because of the change to state law, Florida will not appeal the court ruling, DeSantis said.

“Now that we have honored our duty to find a legislative solution, I have honored my commitment and filed a joint motion to dismiss the state’s appeal and to vacate the lower court decision which had held the prior law to be unconstitutional,” he tweeted.

Agriculture Commissioner Nikki Fried said in a statement reported by CBS News that the removal of the ban was a victory for voters who had come out in favor of medical marijuana.

“It’s a triumph owed to the relentless advocacy of Floridians who refused to be silenced,” said Fried. “Our state must not disregard the voice of its people—when the people’s will is nullified by those with authority, liberty cannot survive.”

The law takes effect immediately, but in practice it will take time for the Florida health department to set standards for prescribing smokable marijuana, so there could be a delay for patients, CBS reported.

With the new law, medical marijuana patients who are older than 18 will be able to access 2.5 ounces of marijuana every 35 days.

Yet, by Thursday, at least one medical marijuana patient in Florida was able to purchase marijuana flower, according to Kim Rivers, CEO of Trulieve, the dispensary that made the first sale.

“Offering these whole flower products to our patients in their purest, most-effective form is something we—and patients—have been looking forward to since we opened the doors of the state’s first dispensary,” Rivers said in a statement, reported by The Orlando Sentinel.

Doug Dixon, 59, was the first patient to make a legal smokable marijuana purchase in the state.

“I didn’t know if I would ever see it in my time,” he said. “But it is good to see it. It is good to have the alternative. These pharmaceuticals are killing people. I have lost so many family members.’’

View the original article at thefix.com

25 March 2019
Florida Reconsiders Ban On Smoking Medical Cannabis

Governor Ron DeSantis is pressuring lawmakers to repeal the ban after the state lost a court case on the issue.

Patients in Florida who participate in the state’s medical marijuana program may soon be able to light up, but they may not be able to roll their own joints.

This week the Florida House of Representatives approved a bill that would allow patients to smoke medical marijuana, but only from pre-rolled, filtered joints, according to The Orlando Sentinel.

Currently Florida does not allow patients to smoke medical marijuana, while it is legal in pill, oil, vape or edible form. Some medical marijuana proponents argue that smoking provides the best therapeutic relief because it draws from all of the cannabis compounds, not just isolated ingredients like CBD or THC.

John Goodson, a military veteran, says that he has tried other forms of medical marijuana, but they “are not as helpful as the smokable cannabis” for treating post-traumatic stress disorder (PTSD).

“I have PTSD from Iraq,” he said. “It really shook my nerves to come up here, but it’s by far the most effective drug that I’ve had.”

However, state officials are concerned that allowing smoking would blur the lines between medical and recreational use of cannabis.

Governor Ron DeSantis is pressuring lawmakers to change the medical marijuana statute after the state lost a court case on the issue. The court ruled that the ban on smoking medical marijuana violated the constitutional amendment that legalized medical marijuana in Florida.

DeSantis said that he would give lawmakers until March 15 to figure out a solution, or he would drop the state’s appeal of the case, essentially allowing the court’s ruling in favor of smoking marijuana to stand.

House Health and Human Services Chairman Ray Rodrigues said that lawmakers are working together to come to a solution in line with the constitution, that also leaves some safeguards in place.

“If that [court] decision were to stand, what we would be facing essentially would be the wild, wild west when it comes to using medical marijuana. We believe there should be guardrails around that. That’s why we’ve reconvened and put this bill together moving forward,” said Rodrigues.

The state senate has approved a measure that would essentially remove the ban on smoking. Patients would be allowed to buy marijuana, roll their own joints and smoke with paraphernalia they purchase.

It’s not clear how the House and Senate measures will ultimately be resolved, but it does appear likely that Florida medical cannabis patients will soon be able to smoke weed in some form.

“We’ll ultimately find a place to land this,” said Sen. Jeff Brandes, who is sponsoring the Senate bill. “I think the March 15 deadline no longer seems out of reach.”

View the original article at thefix.com

15 February 2019
Thailand To Legalize Medical Marijuana

More than 99% of the Thai public supported the measure, according to news reports.

As medical marijuana has become widely accepted in the United States, Thailand will become the first Southeast Asian country to legalize the drug’s use in a medical setting.

Somchai Sawangkarn, a Thai lawmaker who was involved in the process of drafting the law, said that the change could take place soon.

“This is a New Year’s gift from the National Legislative Assembly to the government and the Thai people,” Sawangkarn said, according to The New York Times.

Thailand’s National Legislative Assembly voted overwhelmingly in favor of the measure, 166 to zero, with 13 members abstaining. However, before the change can become law, Thai King Maha Vajiralongkorn must approve it. It seems likely that will happen.

Cannabis legalization activist Chokwan Chopaka was pleased with the progress, Aljazeera reported.

“This is the first baby step forward,” Chopaka said.

Businesses and researchers who want to import, grow or handle medical cannabis will need to be licensed by the government. People who want to use cannabis to treat themselves will need prescriptions. In addition to covering cannabis, the change also covers the medical use of kratom, a Southeast Asian plant some say has medical benefits.

Thai business leaders want to protect the medical cannabis market from foreign firms, which they say could easily come to dominate it. Panthep Puapongpan, who runs an integrative medicine company in Thailand, said his company will be asking the government for protections.

“We’re going to demand that the government revoke all these [foreign] requests before the law takes effect,” Puapongpan said.

The Bangkok Post reported that more than 99% of the Thai public supported the measure.

Despite the shifting stance on medical marijuana, Thailand is expected to maintain strict penalties for recreational use of cannabis. Thais who are caught with less than 10 kilograms of cannabis can spend up to five years in prison.

The Southeast Asian region is known for strict laws around drugs, including the death penalty for users. In August, a man who sold cannabis oil to people with cancer and other illnesses was sentenced to death by hanging after he was convicted of trafficking marijuana.

However, Malaysian Prime Minister Mahathir Mohamad said that the sentence of Muhammad Lukman Mohamad, 29, should be reexamined.

“No, I think we should review that,” the Prime Minister said, according to Reuters.

Nurul Izzah Anwar, a member of Parliament in Malaysia, agreed.

“From the reports, it looks to be a miscarriage of justice,” she said.

View the original article at thefix.com

28 December 2018
Elderly Man, Evicted For Using Medical Marijuana, Allowed To Return Home

“I can tell you I really don’t want to move back there,” he said. “I was just kicked out by those lovely people there, in the cold.”

A disabled New York senior citizen evicted from his apartment for using state-approved medical cannabis has returned home after his plight was made public in the media. John Flickner, 78, who is confined to a wheelchair, was evicted from his apartment on Dec. 4 after employees of the government-subsidized Niagara Towers in Niagara Falls, New York discovered his doctor-prescribed cannabis during an apartment inspection. The Tennessee-based LHP Capital, which owns the building, enforced its strict drug policy and evicted Flickner from the apartment. But coverage in the New York press drew national attention, as well as a rebuke from Housing and Urban Development (HUD) Administrator Lynne Patton, and spurred a reversal by the Niagara Towers landlord, who permitted Flickner to return to his apartment.

As reported by High Times and other sources, Flickner uses medical marijuana to treat pain from spinal injuries incurred in a 1968 skydiving accident. When Niagara Towers employees conducted an inspection of his apartment in June 2018, they found botanicals he had obtained in Canada, and notified the police. Since that form is not authorized in New York, law enforcement did not arrest Flickner but instead told him to get a New York State medical marijuana card, which he was able to obtain, along with a vaporizer and cannabis oil.

Despite his compliance with the police request, LHP decided to continue with the eviction process. Amy Styles, a spokesperson for LHP Capital, told The Buffalo News on Dec. 7 that the company “does not allow marijuana of any kind – liquid, smoking, whatever.” Federal lawcurrently allows landlords of government-subsidized housing like Niagara Towers to exercise their own discretion in evicting residents whom they believe are using an illegal substance. Since marijuana of any kind remains a Schedule I drug, LHP was within its rights to remove Flickner. After a brief November 1 hearing, he was removed from the apartment on Dec. 4.

Flickner eventually found temporary shelter at local missions, and his plight was taken up by The Buffalo News and other newspapers. Word of his eviction spread to national media like High Times and was addressed in a Twitter post by Lynne Patton, who oversees HUD for Region II (New York and New Jersey). She admonished state and federal law regulations that allow such evictions, stating that they “need to catch up with medicinal marijuana usage and require private landlords to legally permit the same. Period.”

On Dec. 10, The Buffalo News reported that LHP had allowed Flickner to return to Niagara Towers. In a statement, the company stated that they would “[rescind its] decision and [revisit its] policy. We’ve spoken with Mr. Flickner to let him know he is welcome to return to Niagara Towers. He was appreciative and will let us know in the next day or so.”

Flickner’s response, as noted in The Buffalo News, was decidedly less effusive. “I can tell you I really don’t want to move back there,” he said. “I was just kicked out by those lovely people there, in the cold.” But he also acknowledged that the apartment was “a roof over my head.” His attorney has requested that LHP submit in writing that they will allow him to use his medical marijuana device without interference.

View the original article at thefix.com

19 December 2018