Florida: Lawsuit Filed Challenging Medical Cannabis Smoking Ban

Posted on July 7, 2017 by ushempmuseum

cannabis_pillsRepresentatives of Florida for Care filed litigation today challenging a statewide ban on medical cannabis smoking. The suit was expected after lawmakers approved legislation (SB 8A) in June amending Amendment 2 — a voter initiated constitutional amendment permitting the use and distribution of medical cannabis. Seventy-one percent of voters approved the amendment in November.

Senate Bill 8A amends the definition of medical cannabis in a manner that prohibits “marijuana in a form for smoking” and that bars the personal possession of herbal cannabis flowers, except in instances where they are contained “in a sealed, tamper-proof receptacle for vaping.” The Florida for Care suit argues that these changes inconsistent with the constitutional definition of marijuana, as passed by voters, and therefore should not be implemented.

The lawsuit argues, “Inhalation is a medically effective and efficient way to deliver tetrahydrocannabinol (THC), and other cannabinoids, to the bloodstream. … By redefining the constitutionally defined term ‘medical use’ to exclude smoking, the Legislature substitutes its medical judgment for that of ‘a licensed Florida physician’ and is in direct conflict with the specifically articulated Constitutional process.”

Under the revised law, patients diagnosed with cancer, epilepsy, glaucoma, HIV/AIDS, PTSD, ALS, Crohn’s disease, Parkinson’s disease, or multiple sclerosis — or who suffer from chronic pain related to any of these diseases — are eligible to receive a 70-day supply of cannabis-infused oils or edible products from a limited number of state-licensed dispensing facilities.

NORML has long argued against regulations that limit or prohibit patients’ access to whole-plant cannabis in lieu of cannabis-derived extracts or pills. Cannabis inhalation is not associated with increased instances of lung cancer, COPD, or other tobacco-related adverse effects on pulmonary function. Inhaled cannabis is fast acting and permits patients to accurately self-regulate their dose. By contrast, non-herbal forms of cannabis possess delayed onset and their effects can often be far less predictable than those of herbal cannabis. Many patients seeking rapid relief of symptoms do not benefit from pills, tinctures, or edibles, and such restrictions unnecessarily limit patients’ choices.

If the court invalidates SB 8A, the task of writing the rules for implementing the initiative — which must be operational by October — will fall to the Florida Department of Health.

NORML Blog, Marijuana Law Reform

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Study: Cannabinoids Reduce Migraine Frequency

Posted on July 6, 2017 by ushempmuseum

mj_researchThe prolonged daily administration of cannabinoids is associated with a reduction in migraine headache frequency, according to clinical trial data presented at the 3rd Congress of the European Academy of Neurology.

Italian researchers compared the efficacy of oral cannabinoid treatments versus amitriptyline – a depressant commonly prescribed for migraines – in 79 chronic migraine patients over a period of three months. Subjects treated daily with a 200mg dose of a combination of THC and CBD achieved a 40 percent reduction in migraine frequency – a result that was similar to the efficacy of amitriptyline therapy.

Subjects also reported that cannabinoid therapy significantly reduced acute migraine pain, but only when taken at doses above 100mg. Oral cannabinoid treatment was less effective among patients suffering from cluster headaches.

“We were able to demonstrate that cannabinoids are an alternative to established treatments in migraine prevention,” researchers concluded.

Some five million Americans are estimated to experience at least one migraine attack per month, and the condition is the 19th leading cause of disability worldwide.

According to retrospective data published last year in the journal Pharmacotherapy, medical cannabis consumption is often associated with a significant decrease in migraine frequency, and may even abort migraine onset in some patients.

A just published review of several studies and case-reports specific to the use of cannabis and cannabinoids in the journal Cannabis and Cannabinoid Research concludes: “[I]t appears likely that cannabis will emerge as a potential treatment for some headache sufferers.”

An abstract of the study, “Cannabinoids suitable for migraine prevention,” appears online here.

NORML Blog, Marijuana Law Reform

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Study: Crimes Spike Following Closing of Dispensaries

Posted on July 6, 2017 by ushempmuseum

3410000930_95fc2866fa_zThe closure of medical marijuana dispensaries is associated with an increase in larceny, property crimes, and other criminal activities, according to data published in the Journal of Urban Economics.

Researchers at the University of Southern California and the University of California, Irvine assessed the impact of dispensary closures on neighborhood crimes rates in the city of Los Angeles. Investigators analyzed crime data in the days immediately prior to and then immediately after the city ordered several hundred operators to be closed. Authors reported an immediate increase in criminal activity – particularly property crime, larceny, and auto break ins – in the areas where dispensary operations were forced to close as compared to those neighborhoods were dispensaries remained open.

“[W]e find no evidence that closures decreased crime,” authors wrote. “Instead, we find a significant relative increase in crime around closed dispensaries.” Specifically, researchers estimated that “an open dispensary provides over $ 30,000 per year in social benefit in terms of larcenies prevented.”

They concluded, “Contrary to popular wisdom, we find an immediate increase in crime around dispensaries ordered to close relative to those allowed to remain open. The increase is specific to the type of crime most plausibly deterred by bystanders, and is correlated with neighborhood walkability. … A likely … mechanism is that ‘eyes upon the street’ deter some types of crime.”

The findings are consistent with those of prior studies determining that dispensary operations are not associated with ‘spillover effects’ in local communities, such as increased teen use or increased criminality.

An abstract of the study, “Going to pot? The impact of dispensary closures on crime,” appears online here.

NORML Blog, Marijuana Law Reform

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Weekly Legislative Update 7/1/17

Posted on July 4, 2017 by ushempmuseum

revolutionbumperWelcome to this week’s edition of the NORML legislative roundup!

At the federal level, the House Appropriations Committee this week released its 2018 Commerce, Justice, Science (CJS) Appropriations bill, which determines the funding levels for numerous federal agencies, including the Department of Justice. Predictably, the bill does not include language — known as the Rohrabacher-Blumenauer amendment — limiting the Justice Department from taking action against state-sanctioned medical cannabis producers, retailers, or consumers.

The text of this amendment has never been included in the base bill of the CJS Appropriations bill. In every case of its passage, lawmakers have needed to add the language as a separate rider to the legislation and then vote on it on the floor of the House.

This year is no exception. Our allies in Congress anticipate a similar process to take place this fall and they are confident that we will once again be victorious — despite the best efforts of our opponents.

At the state level, the biggest development has been the introduction of Wisconsin Senate Bill 318, to amend state law so that marijuana possession offenses (up to 10 grams) are reduced to a civil offense, punishable by a fine of $ 100, and no longer have the threat of jail time.

As we prepare for the Fourth of July celebration, it’s always good to have some critical self-reflection about how our democracy is functioning. Our system of government is not perfect – in fact, it is far from it. But for hundreds of years, citizens have organized and struggled to come closer to Thomas Jefferson’s iconic aspiration, “That all men are created equal; that they are endowed by their Creator with certain unalienable Rights; that among these are Life, Liberty and the pursuit of Happiness.”

Thomas Jefferson legally grew cannabis. You should be able to as well.

Following are the bills from around the country that we’ve tracked this week and as always, check http://norml.org/act for legislation pending in your state.

Don’t forget to sign up for our email list and we will keep you posted as these bills and more move through your home state legislature and at the federal level.

Thanks for all you do and keep fighting,
Justin

Priority Alerts

Federal

Protect Lawful Medical Marijuana Programs: The House Appropriations Committee released its 2018 Commerce, Justice, Science (CJS) Appropriations bill, which determines the funding levels for numerous federal agencies, including the Department of Justice. Predictably, the bill does not include language — known as the Rohrabacher-Blumenauer amendment — limiting the Justice Department from taking action against state-sanctioned medical cannabis producers, retailers, or consumers.

Click here to send a message to your federal elected officials to maintain existing protections from the Justice Department.

Join The Caucus: With public support for reforming marijuana laws at an all time high, Reps. Earl Blumenauer (D-OR), Dana Rohrabacher (R-CA), Jared Polis (D-CO), and Don Young (R-AK) earlier this year formed the Congressional Cannabis Caucus to develop and promote sensible cannabis policy reform and work to ease the tension between federal and state cannabis laws.

Click here to email your Member of Congress to urge them to join the Congressional Cannabis Caucus

California

Legislation is pending, Assembly Bill 1578, to try and limit potential federal interference in the state’s marijuana regulatory laws.

The bill states, “This bill would prohibit a state or local agency, as defined, from taking certain actions without a court order signed by a judge, including using agency money, facilities, property, equipment, or personnel to assist a federal agency to investigate, detain, detect, report, or arrest a person for commercial or noncommercial marijuana or medical cannabis activity that is authorized by law in the State of California and transferring an individual to federal law enforcement authorities for purposes of marijuana enforcement.”

Update: AB-1578 was passed by members of the Senate Public Safety Committee on June 27 by a 5-2 vote.

CA resident? Click here to send your lawmakers a message in support of AB-1578

Delaware

Senate Bill 24, introduced by Senate Majority Leader Margaret Rose Henry to expand the list of qualifying conditions to medical marijuana to include PTSD.

On June 22 Senate Bill 24 was passed the Health & Human Development Committee in statehouse.

DE resident? Click here to send a message to your lawmakers in support of this effort. 

Wisconsin

Senate Bill 318 has been introduced to amend state law so that marijuana possession offenses (up to 10 grams) are reduced to a civil offense, punishable by a fine of $ 100.

The policy proposed by this bill is line with those of numerous other states, including Nebraska and Ohio. Such a change will save taxpayers money and allow police and the courts to re-prioritize their resources toward addressing more serious crimes.

WI resident? Click here to send a message to your lawmakers in support of decriminalization

NORML Blog, Marijuana Law Reform

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Setting The Record Straight

Posted on July 2, 2017 by ushempmuseum

ReThink the LeafOne of NORML’s primary missions is to move public opinion sufficiently to legalize the responsible use of marijuana by adults. One of the ways we successfully achieve this goal is by debunking marijuana myths and half-truths via the publication of timely op-eds in online and print media. Since the mainstream media seldom casts a critical eye toward many of the more over-the-top claims about cannabis, we take it upon ourselves to set the record straight.

The majority of NORML’s rebuttals are penned by Deputy Director Paul Armentano. In the past few weeks, he has published numerous op-eds rebuking a litany of popular, but altogether specious claims about the cannabis plant.

Below are links to a sampling of his recent columns.:

“Cannabis mitigates opioid abuse — the science says so”
in Santa Fe New Mexican

“Is big alcohol taking a hit from legal weed?”
in Salon

“Can marijuana help mitigate America’s opioid crisis?”
in The Hill

“The Deputy Attorney General is ignorant to the science of medical marijuana”
in The Daily Caller

“The DEA says ‘marijuana is not medicine’ — reality says otherwise”
in The Hill

For a broader sampling of NORML-centric columns and media hits, please visit NORML’s ‘In the Media’ archive here.

If you see the importance of NORML’s educational and media outreach efforts, please feel free to show your support by making a contribution here.

NORML Blog, Marijuana Law Reform

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Will the House of Representatives Let Jeff Sessions Shut Down Medical Marijuana?

Posted on July 1, 2017 by ushempmuseum


Medical marijuanaThis week, the House Appropriations Committee released its 2018 Commerce, Justice, Science (CJS) Appropriations bill, which determines the funding levels for numerous federal agencies, including the Department of Justice. Predictably, the bill does not include language — known as the Rohrabacher-Blumenauer amendment — limiting the Justice Department from taking action against state-sanctioned medical cannabis producers, retailers, or consumers.

Although the amendment was reauthorized by Congress in May, US Attorney General Jeff Sessions has been aggressively lobbying leadership to ignore the provisions. President Trump also issued a signing statement objecting to the Rohrbacher-Blumenauer provision.

Nonetheless, support for the Rohrbacher-Blumenauer protection amendment has only grown in recent years. House members initially passed the amendment as a budgetary rider in 2014 by a vote of 219 to 189. By the following year, 242 House members voted in support of the language.

Yet even with bipartisan support, the text of this amendment has never been included in “the inline text” or “the base bill” of the CJS Appropriations bill. In every case of its passage, lawmakers have needed to add the language as a separate rider to the legislation and then vote on it on the floor of the House.  

This year is no exception. Our allies in Congress anticipate a similar process to take place this fall and they are confident that we will once again be victorious — despite the best efforts of our opponents.

Reps. Blumenauer and Rohrbacher last night in a statement:

“The policy championed by Representatives Blumenauer and Rohrabacher that prevents the Department of Justice from interfering in the ability of states to implement legal medical marijuana laws (previously known as “Rohrabacher-Farr”) has never been included in the base Commerce, Justice, Science, and Related Agencies (CJS) Subcommittee Appropriations bill. Rather, in previous years, Congress has amended the base CJS bill to include these protections.

We are exactly where we thought we would be in the legislative process and look forward to amending the underlying bill once again this year to make sure medical marijuana programs, and the patients who rely on them, are protected. Voters in states across the country have acted to legalize medical marijuana. Congress should not act against the will of the people who elected us.”

Thirty states now permit the doctor-authorized use of medical cannabis by statute, and an additional 16 states include statutory protections for the use of CBD. It is hard to imagine a scenario where a majority of lawmakers from these jurisdictions would vote against the best interests of their constituents, given the broad and bipartisan support that the amendment has received in the past.

It has been and will continue to be in politicians’ best interests to protect this progress and to protect voters’ freedoms from the encroachment of Jeff Sessions and the Justice Department.

Click here to send a message to your member urging them to support the Rohrabacher-Blumenauer amendment.

Then click here to tell them to go one step further by urging them to support the newly introduced CARERS Act of 2017 which will codify these protections into law so that we no longer have to have these annual budget fights.

 

NORML Blog, Marijuana Law Reform

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Nevada: Licensed Adult Use Marijuana Sales Set To Begin Saturday

Posted on June 30, 2017 by ushempmuseum

Nevada Legalized MarijuanaStarting on Saturday, July 1, specially licensed medical cannabis dispensaries in Nevada will have the opportunity to engage in the retail sale of marijuana to adults.

State tax regulators finalized temporary rules on Monday governing adult use sales. Regulators so far have issued over 80 licenses to business establishments seeking to engage in activities specific to the production, testing, or sale of cannabis to adults.

“Adults in Nevada will now be able to access cannabis in a safe, above ground, regulated environment,” NORML Political Director Justin Strekal said. “To their immense credit, lawmakers expeditiously to implement the will of their voters. Elected officials elsewhere would do well to follow Nevada’s example.”

Adult use sales are anticipated to be limited because of an ongoing legal dispute regarding who may legally transport cannabis to retail stores. Last week, a Carson City judge issued an injunction prohibiting any entity other than liquor distributors from engaging in retail marijuana transport. As a result, retailers will only be able to sell their existing inventory.

“While we applaud Nevada for moving to enact their voter approved legalization initiative in a timely fashion, interested parties must now move quickly and decisively to resolve the pending issues around distribution. If supply remains constrained in the state it will drive up prices and ultimately lead to most retail outlets being entirely out of sellable product for the recreational market.” NORML Executive Director Erik Altieri said. “This will only serve to continue to drive consumers to the black market, the very thing residents voted to demolish, and will deprive the state of needed tax revenue that will instead go to underground operators.”

A majority of voters decided in November in favor of the Regulation and Taxation of Marijuana Act – a voter-initiated regulating the adult use marijuana market. In May, state regulated decided in favor of expediting the timeline for retail marijuana sales from January 1, 2018 to July 1, 2017.

Seven additional states — Alaska, California, Colorado, Maine, Massachusetts, Oregon, and Washington — no longer impose criminal penalties with regard to the adult possession or use of cannabis.

Businesses in the state still do not have protections from the Justice Department, led by militant prohibitionist Attorney General Jeff Sessions, who recently stated marijuana is “only slightly less awful” than heroin.

You can click here to easily send a message to your federal lawmakers in support of pending legislation, HR 1227: The Ending Federal Marijuana Prohibition Act by clicking HERE.

NORML Blog, Marijuana Law Reform

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Study: Patients Report Substituting Cannabis For Opioids, Other Pain Medications

Posted on June 29, 2017 by ushempmuseum

medical_mj_shelfPain patients report successfully substituting cannabis for opioids and other analgesics, according to data published online in the journal Cannabis and Cannabinoid Research.

Researchers from the University of California, Berkeley and Kent State University in Ohio assessed survey data from a cohort of 2,897 self-identified medical cannabis patients.

Among those who acknowledged having used opioid-based pain medication within the past six months, 97 percent agreed that they were able to decrease their opiate intake with cannabis. Moreover, 92 percent of respondents said that cannabis possessed fewer adverse side-effects than opioids. Eighty percent of respondents said that the use of medical cannabis alone provided greater symptom management than did their use of opioids.

Among those respondents who acknowledged having recently taken nonopioid-based pain medications, 96 percent said that having access to cannabis reduced their conventional drug intake. Ninety-two percent of these respondents opined that medical cannabis was more effective at treating their condition than traditional analgesics.

Authors concluded: “[M]ore people are looking at cannabis as a viable treatment for everyday ailments such as muscle soreness and inflammation. … [T]his study can conclude that medical cannabis patients report successfully using cannabis along with or as a substitute for opioid-based pain medication.”

The study’s conclusions are similar to those of several others, such as these here, here, here, here, and here, finding reduced prescription drug use and spending by those with access to cannabis. Separate studies report an association between cannabis access and lower rates of opioid-related abuse, hospitalizations, traffic fatalities, and overdose deaths.

Full text of the study, “Cannabis as substitute for opioid-based pain medication: patient self-report,” appears online here.

NORML Blog, Marijuana Law Reform

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Wisconsin: Measure Pending to Reduce Marijuana Possession Penalties

Posted on June 26, 2017 by ushempmuseum

Legislation is pending to reduce minor marijuana possession penalties.

Under current law, possession of any amount is a misdemeanor that carries up to 6 months in jail and a $ 1,000 fine if convicted by a plea or trial.

Senate Bill 318 amends state law so that marijuana possession offenses (up to 10 grams) are reduced to a civil offense, punishable by a fine of $ 100.
The policy proposed by this bill is line with those of numerous other states, including Nebraska and Ohio. Such a change will save taxpayers money and allow police and the courts to re-prioritize their resources toward addressing more serious crimes. 

Minor marijuana possession offenders, many of them young people, should not be saddled with a criminal record and the lifelong penalties and stigma associated with it.

Please contact you elected officials in support of reducing marijuana possession penalties.

National Organization for the Reform of Marijuana Laws – Advocacy Campaigns

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Vermont: House Blocks Marijuana Depenalization Bill From Further Consideration

Posted on June 24, 2017 by ushempmuseum

marijuana_seedlingMembers of the Vermont House of Representatives decided late last night to block a marijuana depenalization measure, H. 511, from further consideration this legislative session.

The vote came after Senate members approved the bill, which eliminated civil and criminal penalties for the private possession and cultivation of small quantities of marijuana. Republican Gov. Phil Scott – who had vetoed an earlier version of the bill in May – had also recently expressed his support for the revised legislation.

Further action on the bill during this week’s special veto session required the votes of three-quarters of the House. But only a majority voted to take action on the bill, with almost all Republican House members voting ‘no.’

If enacted, the bill would have permitted adults to legally possess up to one ounce of cannabis and to grow up two mature plants at home.

NORML Blog, Marijuana Law Reform

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