The House of Representatives on Tuesday passed House Resolution 4709, the Ensuring Patient Access and Drug Enforcement Act of 2014. The measure sponsored by Rep. Tom Marino (R-PA) passed on a voice vote.
[image:1 align:right]Attempts in recent years to tighten up access to opiate pain medications have led to insistent charges that legitimate pain patients are left to suffer needlessly. This bill attempts to both reduce the diversion of prescription medications and ensure that people with medical needs for them have access.
The bill does the former by amending the Controlled Substance Act (CSA) to clarify that when the Justice Department issues a license to manufacture, distribute, or dispense a controlled substance "consistent with the public health and safety," that means the issuance of the license has a substantial relation to the CSA's purpose of preventing diversion and abuse.
It also clarifies that when the Justice Department issues a finding of "imminent danger" justifying the immediate suspension of such a license, that means a significant, current risk of death or serious bodily injury is more likely to occur without such a suspension.
The bill includes language providing some protections to licensees who face a revocation of their registrations. The Justice Department must provide specific grounds for doing so, and if it alleges a legal violation, it must cite the specific law. The Department would also have to give the registrant the opportunity to present a corrective plan of action.
When it comes to ensuring patient access to prescription pain medications, the bill calls for the Department of Health and Human Services, through the Food and Drug Administration and the Centers for Disease Control and Prevention, to assess "how patient access to medications could be adversely impacted by federal and state enforcement activities" and identify "how collaboration between agencies and stakeholder can benefit patients and prevent diversion and abuse of controlled substances."
The bill specifies that such an evaluation include consultation with patient groups, as well as pharmacies, drug manufacturers, health care providers, state attorneys general, state and federal law enforcement agencies, health insurance providers, common carriers, and wholesale drug distributors.
The measure now goes to the Senate.
The New York Times isn't done talking about marijuana, a House committee hears about stoned driving, you can comment now on Maryland's draft medical marijuana regulations, federal asset forfeiture and overdose prevention bills get introduced, and more. Let's get to it:
[image:1 align:left caption:true]Marijuana Policy
New York Times Has a Week's Worth of Legalization Editorials. The Times's editorial last Sunday calling for the end of federal marijuana prohibition, Repeal Prohibition, Again, was only the beginning. Throughout this week, the "newspaper of record" has kept at it -- and there's still more to come. The other editorials printed so far are Let States Decide on Marijuana, The Injustice of Marijuana Arrests, The Federal Marijuana Ban is Rooted in Myth and Xenophobia, and What Science Says About Marijuana. Still to come are editorials addressing track records and regulation. There is also a blog post providing background on the Times's decision to endorse legalization.
House Holds Hearing on Stoned Driving. The House Oversight and Government Reform Committee held a hearing yesterday on driving under the influence of marijuana, "Planes, Trains and Automobiles: Operating While Stoned," but the upshot was that the federal government has very little information about stoned driving and little basis for setting a legal limit for marijuana impairment. "No one is arguing that [driving while high is] a good idea, but the fact of the matter is that we don't have a lot of data," said Democratic Rep. Gerry Connolly. "[Public policy has] got to be based on science, and we need more of it." Researchers testifying before the committee agreed. Click on the hearing link to watch the whole thing.
Washington Attorney General Intervenes in I-502 Lawsuits. Attorney General Bob Ferguson yesterday moved to intervene in three marijuana lawsuits filed against the cities of Wenatchee and Fife, which have passed local ordinances barring the operation of retail marijuana outlets. An opinion released by Ferguson in January concluded that I-502 does not bar localities from banning such businesses, so it appears he will be siding with the localities.
More Michigan Towns to Vote on Marijuana Reform Measures. Three more Michigan communities have joined the list of towns and cities that will vote on municipal legalization measures. Saginaw, Clare, and Harrison all have measures that have qualified for the ballot. In Saginaw, up to an ounce would be legalized; in Clare and Harrison, up to 2.5 ounces. More than a dozen Michigan communities are expected to vote on reform measures in November.
Portland, Oregon, Moves to Tax Marijuana Before It's Even Legal. The city of Portland has created a marijuana advisory committee in anticipation of voters legalizing marijuana statewide in November. The committee is discussing where to allow pot shops, but it is also moving to create a city sales tax -- and it has to do that before the November election because the language of the New Approach Oregon initiative does not allow cities to impose taxes beyond the state tax it imposes. The thinking is that if a tax is passed before the election, it can be grandfathered in.
Maryland Medical Marijuana Draft Regulations are Now Available -- And You Have Until Tuesday to Comment. Maryland's medical marijuana commission has released draft regulations for cultivators and physicians. The Marijuana Policy Project has some problems with them, including calls for an "unnecessary" training course on medical marijuana for all certifying physicians, mandatory drug testing for patients, and a requirement that doctors specify dosage and strain type. These are draft regulations, but the period for comment on the draft ends Tuesday. Interested parties can email the commission to register their comments.
Legitimate Use of Medicinal Marijuana Act Picks Up New Cosponsor. House Resolution 4498, the Legitimate Use of Medical Marijuana Act, has picked up a fourth cosponsor, Rep. Earl Blumenauer (D-OR). The bill, sponsored by Rep. Morgan Griffith (R-VA), would move marijuana from Schedule I to Schedule II of the Controlled Substances Act and block the act from being used against medical marijuana in states where it is legal.
Smarter Sentencing Act of 2014 Picks Up New Cosponsor. Senate Bill 1410, the Smarter Sentencing Act of 2014, has picked up its 31st cosponsor, Sen. Patty Murray (D-WA). The bill would allow judges in some cases to sentence without regard to mandatory minimums, reduce mandatory minimums, and allow people sentenced for crack offenses after the 2010 Fair Sentencing Act went into effect to seek sentence reductions.
Senator Jack Reed Introduces Overdose Prevention Act. Sen. Jack Reed (D-RI) and four Democratic cosponsors today introduced the Overdose Prevention Act, which would expand overdose prevention services and providing funding for access to the overdose reversal drug naloxone. The bill is not yet up on the congressional web site.
Rep. Tim Walberg Introduces Asset Forfeiture Reform Bill. Rep. Tim Walberg (R-MI) has filed House Resolution 5212, the Civil Asset Forfeiture Reform Act. The bill would raise the standard of proof necessary for the government to seize property and reinstate due process so the government is required to prove a property owner's involvement in criminal activity. This is the second asset forfeiture reform bill filed in as many weeks. Last week, Sen. Rand Paul (R-KY) filed the FAIR (Fifth Amendment Integrity Restoration) ACT, Senate Bill 2644, which would require the government to prove with clear and convincing evidence that the property it wishes to forfeit is connected with a crime.
Justice Department Report Scolds DEA for Leaving Student in Cell for Five Days. A Justice Department report on the detention of San Diego student Daniel Chong, who was left unattended in a holding cell for five days at a DEA office there, has concluded that the DEA did not take simple measures to ensure that detainees are not forgotten. The report also slammed the agency for having the same agents who left Chong in the cell conduct the investigation into how it happened. Chong earlier received a $1.4 million payout from the DEA to settle a lawsuit he brought against the agency.
Russian Drug Agency Proposes Giving Social Benefits to Recovering Drug Users. In something of a surprise move, the Russian Federal Drug Control Service has proposed providing free housing, food subsidies, and home health care to help recovering drug users progress in their rehabilitation. The bill would add drug addicts to a list of categories of people considered socially vulnerable, such as senior citizens and people with disabilities. The proposal has drawn harsh criticism from opponents, who argue that it would encourage drug use.