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Medical Marijuana: Around the Country

Medical Marijuana: Around the Country. Presented by: Anna Rau of MontanaPBS September 20, 2011. STATE OF THE U.S. MEDICAL MARIJUANA LAWS. 16 States & Washington, D.C. allow for medical use of marijuana

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Medical Marijuana: Around the Country

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  1. Medical Marijuana:Around the Country Presented by: Anna Rau of MontanaPBS September 20, 2011

  2. STATE OF THE U.S. MEDICAL MARIJUANA LAWS • 16 States & Washington, D.C. allow for medical use of marijuana • Medical conditions covered by medical marijuana (MM) laws vary state by state and include, but are not limited to • Agitation due to Alzheimer's, Anorexia, Arthritis, Cachexia, Cancer, Cramping, Crohn's Disease, Epilepsy & Seizure Disorders, Glaucoma, Hepatitis C, HIV/AIDS, Hospice, Inflammatory Bowel Disease , Lou Gehrig's Disease, Migraine Headaches, Multiple Sclerosis (MS), Muscle Spasticity, Muscular Dystrophy, Nail Patella, Peripheral Neuropathy, Post Traumatic Stress Disorder, Severe Nausea, Severe/Chronic Pain

  3. FEDERAL COMPASSIONATE USE PROGRAM • Robert Randall 1976 lawsuit • Proved medical necessity • Gave rise to Investigational New Drug Program • Federal government only legal source • Contract with University of Mississippi as only legal grower • Unknown total number patients at height of program • IND Program shut down in 1992

  4. FEDERAL COMPASSIONATE USE PROGRAM • Remaining patients grandfathered in • Barbara Douglass – MS, 1991 • George McMahon – Nail-patella syndrome, 1990 • Corrine Millet – Glaucoma, 1990 • Elvy Musikka – Glaucoma, 1988 • Irvin Rosenfeld – Multiple Congenital Cartilaginous Exostoses, 1982 • Anonymous – Condition Unknown, Year Unknown • Anonymous – Condition Unknown, Year Unknown

  5. FIRST STATE TO PASS A MEDICAL MARIJUANA LAW • CALIFORNIA • 1996, Proposition 215 (56%) • Doctor’s written/oral recommendation • Voluntary patient registry • 8 ounces/6 mature plants • Dispensaries & caregivers allowed • Estimated 1.1 million medical marijuana patients in CA • New law allows cities to regulate dispensaries through zoning • Some cities curbing or capping number of dispensaries

  6. STATES WITH SIMILAR PROGRAMS TO CALIFORNIA • OREGON • 1998, Initiative (55%) • 24 ounces/18 seedlings • Mandatory patient registry with ID card • Bona fide Doctor/Patient relationship with documentation • No dispensaries allowed, "grow your own"

  7. STATES WITH SIMILAR PROGRAMS TO CALIFORNIA • HAWAII • 2000, Senate Bill (First Legislative MM Law) • 3 ounces/7 plants • Mandatory patient registry with ID card • Caregiver only allowed one patient at one time • No dispensaries allowed

  8. STATES WITH ADDITIONAL CAREGIVER RESTRICTIONS • ALASKA • 1998, Initiative (58%) • 1 ounce/6 plants • Mandatory patient registry with ID card • Caregivers allowed only one patient at a time • Exception: related by blood to the 4th degree: cousins, aunts, uncles, grandparents, etc. • Caregivers must not have felony drug convictions • No dispensaries, collectives or cooperatives

  9. STATES WITH ADDITIONAL CAREGIVER RESTRICTIONS • WASHINGTON • 1998, Initiative (59%) • 24 ounces/15 plants • No mandatory patient registry • Caregivers allowed only one patient at a time • Expanded authority to prescribe beyond doctors • Naturopaths • Physician Assistants • Osteopaths • Registered Nurse Practitioners

  10. STATES WITH ADDITIONAL CAREGIVER RESTRICTIONS • MONTANA • 2004, Initiative (62%) • 1 ounce/4 mature plants • Mandatory patient registry with ID card • Caregivers cannot be paid for marijuana • Repeal effort in 2011 session failed with Governor Schweitzer’s veto

  11. STATES WITH ADDITIONAL CAREGIVER RESTRICTIONS • MICHIGAN • 2008, Initiative (63%) • 2.5 ounces/12 plants • Mandatory patient registry with ID card • Caregiver may assist no more than 5 patients • Caregiver must have no felony drug convictions • In August 2011, Michigan court ruled dispensaries illegal

  12. STATES (AND D.C.) WITH LARGE, LICENSED DISPENSARIES • MAINE • 1999, Initiative (61%) • 2.5 ounces/6 plants • Mandatory patient registry with ID card • Authorized 8 state-licensed non-profit dispensaries

  13. STATES (AND D.C.) WITH LARGE, LICENSED DISPENSARIES • VERMONT • 2004, Legislation • 2 ounces/7 immature plants • Mandatory patient registry with ID card • Licensed physicians in neighboring states can recommend cannabis to VT patients • Allows for 4 state-licensed, nonprofit facilities to dispense marijuana • Each dispensary can have 1,000 patients • Caregivers limited to one patient

  14. STATES (AND D.C.) WITH LARGE, LICENSED DISPENSARIES • RHODE ISLAND • 2006, Legislation • 2.5 ounces/12 plants • Mandatory patient registry with ID card • Caregivers limited to 5 patients • Allows for state-licensed nonprofit “compassion centers” that grow and dispense cannabis • Patients can still grow their own • Compassion centers on hold due to concerns of federal prosecution of state employees

  15. STATES (AND D.C.) WITH LARGE, LICENSED DISPENSARIES • NEW MEXICO • 2007, Legislation • 6 ounces/16 plants • Mandatory patient registry with ID card • Allows for state-licensed “cannabis production facilities” • Production facilities can grow up to 150 plants • Patients can still grow their own • 2011 – lawmakers introduced and eventually withdrew a bill to repeal state’s MM law

  16. STATES (AND D.C.) WITH LARGE, LICENSED DISPENSARIES • NEW JERSEY • 2010, Legislation • Patients CANNOT grow their own • Mandatory patient registry with ID card • Creates 6 state-licensed, nonprofit “alternative treatment centers” • Caregivers allowed one patient at a time • Governor initially blocked implementation over concerns of federal prosecution of state employees

  17. STATES (AND D.C.) WITH LARGE, LICENSED DISPENSARIES • ARIZONA • 2010, Initiative (50.13%) • 2.5 ounces/12 plants • Mandatory patient registry with ID card • Allows for 126 state-licensed nonprofit dispensaries • Patients who live within 25 miles of a dispensary may not grow their own • Dispensaries put on hold in June after Governor files federal lawsuit seeking declaratory judgment regarding the licensing of MM dispensaries

  18. STATES (AND D.C.) WITH LARGE, LICENSED DISPENSARIES • WASHINGTON, D.C. • 2010, Legislation [D.C. Council] • 2 ounces • Will include a patient registry • Patients cannot grow their own • Allows up to 8 licensed for-profit and/or not for profit dispensaries with no more than 95 plants each • Caregivers limited to one patient • In the process of accepting applications for dispensary licenses and setting up the patient registry program

  19. STATES (AND D.C.) WITH LARGE, LICENSED DISPENSARIES • DELAWARE • 2011, Legislation [Most recent state to pass MM law] • 2.5 ounces/12 plants • Mandatory patient registry with ID card • Patients cannot grow their own • Allows at least 1 state-licensed, nonprofit “compassion center” per county • Patients can obtain up to 6 ounces from centers • State began accepting applications for centers in July and is set to issue licenses within six months

  20. STATES WITH MM CONSTITUTIONAL AMENDMENTS • COLORADO • 2000, Constitutional Amendment (54%) • 2 ounces/6 plants • Voluntary patient registry with ID card • Caregivers limited to 5 patients in areas where dispensaries are banned • Colorado & Washington, D.C. ONLY – allow for-profit dispensaries • Lawsuit pending

  21. STATES WITH MM CONSTITUTIONAL AMENDMENTS • NEVADA • 2000, Constitutional Amendment (65%) • 1 ounce/7 plants • Mandatory patient registry with ID card • No dispensaries • Law requires Nevada School of Medicine to seek federal permission for state run MM distribution program

  22. STATES WITH PENDING MM LEGISLATION • MASSACHUSETTES • 2 bills, testimony heard in August 2011 • ILLINOIS • Failed House in August (can be reconsidered) • NEW YORK • House Bill pending (legislature adjourned until fall) • OHIO • In Committee • PENNSYLVANIA • In Committee

  23. STATES WITH RECENT FAILED MM LEGISLATION • BILLS DIED IN COMMITTEE • Alabama • Connecticut • Florida • Idaho • Mississippi • New Hampshire • North Carolina • Texas • BILLS STALLED IN COMMITTEE • Iowa • Kansas • Oklahoma • West Virginia

  24. PENDING CONGRESSIONAL MM BILL • States’ Medical Marijuana Patient Protection Act • Protects individuals and entities acting in compliance with state MM laws from federal prosecution • Directs administration to reschedule marijuana to Schedule III or lower • Introduced May 2011 • Referred to U.S. House Committee on Energy and Commerce June 2011

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