1 medical marijuana: around the country presented by: anna rau of montanapbs september 20, 2011
TRANSCRIPT
1
Medical Marijuana:Around the Country
Presented by: Anna Rau of MontanaPBSSeptember 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