A handful of dispensaries open in New York, dispensary applications are now available in Hawaii, it looks like Florida will get another chance to vote for medical marijuana, and more.
Last Friday, a federal court okayed firing an employee for medical marijuana use. A federal district court in New Mexico has held that an employer is not obligated to accommodate an employee's use of medical marijuana, even when the drug had been supplied to the employee by a state-legal medical marijuana program. The ruling came in the case of an AIDS patient whose job offer was yanked after he tested positive for marijuana metabolites during a pre-employment drug test. The court noted that marijuana remains illegal under federal law.
As of Wednesday, Arizona GOP legislators are trying to chip away at medical marijuana access. Rep. Kelly Townsend (R-Mesa) has filed House Bill 2061, which would bar pregnant women from qualifying for the medical marijuana program, and Rep. Jay Lawrence (R-Scottsdale) has filed House Concurrent Resolution 2019, which removes homeopaths and naturopaths from the list doctors who can issue medical marijuana recommendations.
As of Wednesday, a fix was in the works for the state's medical marijuana regulation deadline. Legislators are working to fix a provision of the medical marijuana regulation law that requires localities to pass their own rules by March 1 or face loss of regulatory control to the state. The provision has caused a stampede of cities and counties seeking to get measures in place by that date, with most of them resorting to simple bans. The Senate Finance Committee last week passed a bill to remove the date.
Last Monday, the medical marijuana initiative campaign handed in signatures. United for Care, the group leading the campaign, handed in more than one million raw signatures to state officials. The group needs only 683,149 valid signatures to qualify for the November ballot. In 2014, United for Care's initiative failed even though it won 58% of the vote. Because it was a constitutional amendment, it needed 60% to pass.
Last Tuesday, dispensary applications became available online. Applications must be submitted online and will only be accepted during the application period of Jan. 12, 2016, 8:00am Hawaii Standard Time (HST) to Jan. 29, 2016, 4:30pm HST. Get the online application here. There's a $5,000 application fee. Read about dispensary license requirements here.
On January 7, a medical marijuana initiative was approved for signature gathering. An initiative from New Approach Missouri has been approved for circulation by the secretary of state's office. The group is seeking 250,000 raw signatures to ensure it meets the requirement of 160,000 valid voter signatures to qualify for the ballot. The campaign estimates it will cost $800,000 for paid signature gathering and is trying to raise funds now.
Last Friday, the state approved its first medical marijuana production facility. The Department of Health and Human Services said last Friday that it has approved the first of three locations to grow medical marijuana and started mailing out ID cards. Some 176 Granite Staters have qualified to use medical marijuana so far.
On January 7, the state's first dispensaries opened for business. Eight dispensaries opened in the state, a slow start to a medical marijuana program in a state with nearly 20 million people. The state has authorized another 12 to open later this month.
Last Monday, the state failed to approve PTSD and other health conditions for medical marijuana use. The state Health Commissioner determined there is not yet enough evidence of effectiveness to approve the use of medical marijuana to treat PTSD, Alzheimer's disease, muscular dystrophy, dystonia, and rheumatoid arthritis. The commissioner can, however, add qualifying conditions at any time and will be meeting with specialists to evaluate new scientific evidence as it becomes available.
Last Thursday, lawmakers formed a medical marijuana task force. Ohio House Republicans unveiled details on a new task force on medical marijuana. In November, voters rejected Issue 3, which would have included medical marijuana in a broader legalization initiative, but there is broad popular support for medical marijuana in the state. Recent public opinion polls show 85% support medical marijuana.
[For extensive information about the medical marijuana debate, presented in a neutral format, visit MedicalMarijuana.ProCon.org.]
The Kansas Supreme Court throws out Wichita's voter-approved "decrim" ordinance on a technicality, GOP committee chairs quash medical marijuana bills in Indiana, the DEA partnered with a TSA screener in a bid to seize cash from travelers, the Argentines want to shoot down drug planes, and more.
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Key Vermont Politico Says No To Home Growing Marijuana. Senate Judiciary Committee Chairman Richard Sears (D-Bennington) said today he would advance a marijuana legalization bill if it has majority support in his committee, but that he does not support home cultivation.
Kansas Supreme Court Throws Out Wichita "Decrim" on a Technicality. The state's high court ruled that the initiative was invalid because it was improperly filed with the city clerk, but did not address arguments by the state that the ordinance conflicted with state marijuana laws. The Wichita ordinance lessened penalties for first offense possession to a $50 fine, but was not true decriminalization because that first offense would still be a criminal infraction.
Indiana Medical Marijuana Bills Pronounced Dead. State Sen. Jean Leising (R-Oldenburg) said Thursday that medical marijuana bills in the state legislature would not got a hearing this year. "They are all dead," she said. "There just isn't the appetite in the Senate for approving any kind of medical marijuana, not with the current makeup of the (50-member) Senate. You need 26 votes, and they're just not there." Parents of children suffering from epilepsy had pleaded with lawmakers to act, to no avail.
Utah Governor Signals Support for Medical Marijuana. Gov. Bob Herbert (R) said Thursday that he is not familiar with two medical marijuana bills filed this session and that he doesn't want a "Dr. Feelgood" situation, but "if there's a medicine out there that will alleviate pain and conditions and health concerns for people, if there's a medicine out there that can do that, we ought to see if we can embrace it." He added that he would prefer that Congress legalize it federally rather than leaving it up to the states to act.
DEA Hired TSA Informant to Help Steal Money From Travelers' Luggage. The agency recruited a TSA security screener to alert agents to cash in luggage that the DEA could confiscate, an arrangement that "violated DEA policy," according to the Justice Department's Office of the Inspector General. The agency planned to pay the screener a cut of the cash he seized, but the Inspector General found that the screener never actually provided any actionable intelligence for seizures. Still, the DEA scheme "could have violated individuals' protection against unreasonable searches and seizures if it led to a subsequent DEA enforcement action," the OIG noted.
Argentina Approves Shooting Down Suspected Drug Planes. The new government of President Mauricio Macri continues to burnish its drug warrior credentials by announcing plans to begin shooting down suspected drug trafficking planes, a move the opposition called "the death penalty without trial." Macri has already decreed a "public security emergency" for a year to fight drug trafficking, which he said had led to "situation of collective danger."
The state legislative season is now underway and marijuana-related bills are popping up in various states, Michigan ponders roadside drug testing bills, Canada's Tories bow before the inevitability of marijuana legalization, and more.
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Kansas Legislators Hold Hearing on Decrim, Hemp, and Medical Marijuana Bill. The Senate Corrections and Juvenile Justice Committee met Wednesday to hear testimony on House Bill 249, which would reduce penalties for pot possession, allow the limited use of medical marijuana, and allow for a pilot project on hemp production. The measure has already passed the House.
Maryland Legislature Overrides Veto of Pot Paraphernalia Decrim. Both the House and the Senate voted today to override Gov. Larry Hogan's (R) veto of Senate Bill 517, which fixed an oversight in the state's decriminalization law. The bill removes criminal penalties for the possession of pot paraphernalia, which the original decrim bill failed to do.
Marijuana Policy Project Eyes Ohio Medical Marijuana Initiative. MPP said Wednesday it plans to put a medical marijuana initiative on the 2016 ballot. The initiative would take the form of a constitutional amendment, but has not yet been drafted.
Utah "Whole Plant" Medical Marijuana Bill Filed. Sen. Mark Madsen (R-Saratoga Springs) has introduced Senate Bill 73, which would create a full-fledged medical marijuana system in the state. The bill would only allow marijuana to be consumed in the forms of oils and gummies, not smoked. Another bill already filed would allow only cannabidiol.
Missouri Hemp Bill Hearing Turns Into Debate About Possibility It Could Lead to Pot Legalization. It was supposed to be a debate about establishing a pilot program for industrial hemp production, but the discussion of Senate Bill 584 quickly devolved as representatives of law enforcement said that while they didn't oppose the bill, they feared it be the camel's nose under the tent for pot legalization. "It is no secret that many would look at a bill such as this as the first step to legalizing marijuana," said St. Charles County Prosecuting Attorney Tim Lohmar. No vote was taken on the bill. Similar legislation passed the House last year, but never got a Senate vote.
Indiana Unemployment Drug Testing Bill Hits Snag. The Senate Pensions and Labor Committee heard an unemployment drug testing bill, Senate Bill 245, but took no vote on it after the committee chairman said it "needs some more work." The bill sponsor, Sen. Jon Ford (R-Terre Haute) was unable to say how many people would be drug tested or produce any supporting data for the bill other than to say that employers in his district tell him they can't get people to take drug tests.
Michigan Bills Would Allow Roadside Drug Testing. A pair of bills, Senate Bill 207 and Senate Bill 434 would create a pilot program for roadside drug testing. The latter would authorize State Police to create a pilot program, while the former would authorize officer who are certified drug recognition experts to require drivers to submit to drug tests.
Scientists Call for New Approach to Evaluating Illicit Drug Policy. In an open letter released by the International Centre for Science in Drug Policy (ICSDP), scientific experts from around the globe called on governments to align illegal drug policies with community concerns -- not on reducing the availability of illicit drugs. The move comes as part of the run-up to the UN General Assembly Special Session on Drugs, set for April.
Canada's Tories See the Writing on the Wall for Marijuana Legalization. Liberal Prime Minister Justin Trudeau has vowed to legalize marijuana, and Canada's Conservative Party seems to realize it can do nothing to stop it. "The new government will legalize marijuana," Rona Ambrose, interim leader of the Conservative Party of Canada, said in a radio interview on Wednesday. "We know that."