by Allen St. Pierre, NORML Executive DirectorApril 11, 2012

From the International Association for Cannabinoid Medicines
IACM-Bulletin of 8 April 2012

World: Increasing numbers of patients use cannabis for medicinal purposes

An increasing number of patients in the world are using cannabis for therapeutic reasons, with available data from countries, which have installed programs for their citizens. Good data are available for Israel, Canada, the Netherlands and many states of the US with medicinal cannabis laws and registries. In several more countries only a few patients are allowed to use cannabis for medicinal purposes, including Germany, Norway, Finland and Italy. In many other countries such as Spain and some states of the US without a registry such as California the number of medicinal users is estimated to be high, but no detailed data are available.

The numbers in California with hundreds of cannabis dispensaries and clinics that issue medical cannabis recommendations are unclear, since the state does not require residents to register as patients (see below**)
Most of the 16 states that allow the medicinal use of cannabis require a registration. Recently the press agency Associated Press published data on registered patients in different states of the USA based on state agencies responsible for maintaining patient registries:

State: Number of registered patients (per 1,000 of the whole population) –
Colorado: 82,089 (16.3)
Oregon: 57,386 (15.0)
Montana: 14,364 (14.5)
Michigan: 131,483 (13.3)
Hawaii: 11,695 (8.6)
Rhode Island: 4,466 (4.2)
Arizona: 22,037 (3.5)
New Mexico: 4,310 (2.1)
Maine: 2,708 (2.0)
Nevada: 3,388 (1.3)
Vermont: 505 (0.8)
Alaska: 538 (0.8)
Patient registration is mandatory in Delaware, New Jersey and the District of Columbia (Washington D.C.), but their registries are not yet up and running. Washington State has neither voluntary nor mandatory registration.

Data from Israel show that in August 2011 6,000 patients got medicinal cannabis (0.8 patients in 1,000). It is estimated that the number increases to 40,000 in 2016 (5.2 patients in 1,000 citizens).

In Canada 12,116 patients were allowed to use cannabis on 30 September 2011 (0.35 patients in 1,000 citizens).

Numbers of patients using cannabis from the pharmacies in the Netherlands were estimated to be 1,300 in 2010 (0.08 patients in 1,000 citizens). However, many patients in the Netherlands use cannabis from the coffee shops or grow their own.

In Germany about 60 patients are currently allowed to use cannabis for medicinal purposes.

(Sources: Associated Press of 24 March 2012, website of the Israeli Prime Minister of 7 August 2011, UPI of 31 October 2011, Pharmaceutisch Weekblad No. 20, 2011)

**[Editor's note: CA NORML published a white paper last May estimating that California has 750,000 - 1,125,000 citizens who possess a physician's recommendation to use cannabis medicinally.]

MONTPELIER, VT – According to a Public Policy Polling survey released Monday, a majority of Vermont voters are in favor of removing criminal penalties for possession of small amounts of marijuana. Under current Vermont law, the penalty for possession of marijuana is up to six months in jail and up to a $500 fine. Of those polled, 63% supported replacing criminal penalties for possession of an ounce or less of marijuana with a civil infraction and a fine of up to $150, with no threat of arrest or jail.

The poll also reported that a majority of Vermonters would support politicians who also supported making this change. When asked if they would be more likely to vote for a legislator that voted to replace criminal penalties for possession of small amounts of marijuana, 52% reported that they would be more likely to support such a lawmaker. This is particularly relevant in light of a bill currently being considered in the Vermont House, HB 427, which closely mirrors the reform described to respondents in the poll.

Part of the reason behind support for this bill is the perception of danger associated with marijuana as compared to alcohol. Of those polled, 74% responded that marijuana is as safe or safer than alcohol. This perception, which is supported by many scientific studies, only serves to highlight the discrepancy between marijuana and alcohol penalties.

“Vermont voters overwhelmingly believe marijuana is no more harmful than alcohol and that people who possess a small amount should not face up to six months in jail and a criminal conviction,” said Karen O’Keefe, director of state policies for the Marijuana Policy Project. “It’s time for legislative leadership to bring this sensible proposal to a vote, so that Vermont can focus its limited criminal justice resources on crime with actual victims.”

The results of the poll can be viewed here: mpp.org/VTpoll.

Contributed by MPP on February 28, 2012.

​A majority of Vermont voters favor removing criminal penalties for possession of small amounts of marijuana, according to a Public Policy Polling survey released on Wednesday.

Of those polled, 63 percent supported replacing criminal penalties for possession of an ounce or less of cannabis with a civil infraction and a fine of up to $150, with no threat of arrest or jail.

Marijuana Policy Project

Karen O’Keefe, MPP: “Vermont voters overwhelmingly believe marijuana is no more harmful than alcohol”

​Part of the reason behind the support for this bill is the perception of danger associated with marijuana as compared to alcohol. Of those polled, 74 percent responded that marijuana is as safe or safer than alcohol.

This perception, which is supported by many scientific studies, only serves to highlight the discrepancy between cannabis and alcohol penalties.

“Vermont voters overwhelmingly believe marijuana is no more harmful than alcohol and that people who possess a small amount should not face up to six months in jail and a criminal conviction,” said Karen O’Keefe, director of state policies for the Marijuana Policy Project.

“It’s time for legislative leadership to bring this sensible proposal to a vote, so that Vermont can focus its limited criminal justice resources on crime with actual victims,” O’Keefe said.

The full results of the poll can be viewed here: http://mpp.org/VTpoll

State legislatures have convened or are convening all around the country, and once again this year, marijuana decriminalization or legalization are hot topics at the statehouse.

February 14, 2012  |

State legislatures have convened or are convening all around the country, and once again this year, marijuana decriminalization or legalization are hot topics at the statehouse. Legalization bills are pending in three states (as well as on the ballot as initiatives in Washington and almost certainly Colorado), decriminalization bills are alive in nine states, and bills that would improve existing decriminalization laws have been filed in two states.

And this is still early in the legislative season. Bills can still be introduced in many states, and bills that have already been introduced can advance or be killed. By around the beginning of May, a clearer picture should emerge, but 2012 is already looking to be even more active than last year when it comes to decriminalization and legalization bills.

There’s a reason for that, said leading reformers.

“We’re seeing more bills introduced, and they’re having stronger and more sponsors,” said Karen O’Keefe, state policy director for the Marijuana Policy Project (MPP). “We’re also seeing more and more public support for decriminalization and legalization. We’re approaching critical mass as more and more people see marijuana prohibition as a failed public policy, and in legislatures because of fiscal constraints and changing public sentiment.”

“Each year, these bills are easier to introduce, there is less controversy, and the media reaction is generally neutral to positive,” said Allen St. Pierre, executive director of NORML. “Baby boomers, medical marijuana, the Internet, and the state of the economy have all had an impact, even, finally, on legislators and their staffs,” he explained.

“Before 1996, nobody invited NORML; now our staff is regularly going to meetings requested by legislators around the country,” St. Pierre recalled. “First, we couldn’t get them to return our phone calls; now they’re calling us. Everything is in play because of activists around the country doing years of work.”

That contact with legislators has led to results, St. Pierre said. “We’ve been involved in almost all of this legislation. Either we helped write it or legislators contacted us for deep background and we’re testifying at public hearings on these bills.”

MPP has been busy, too, O’Keefe said. “We have paid lobbyists in Rhode Island and Vermont, and one of our legislative analysts, Matt Simon, is from New Hampshire and has been working on bills up there,” she said.

Perhaps not surprisingly, O’Keefe thought the prospects of passage were best in Rhode Island and Vermont. “In Rhode Island, more than half of both chambers are cosponsors of the decriminalization bill, while in Vermont, Gov. Shumlin has been very supportive, and for the first time we have a Republican sponsor in the Senate — we already had one in the House,” she said.

Getting a marijuana bill through a state legislature is a frustrating, time-consuming process, and there is a chance that none of these bills will pass this year. But there is also a chance some will, and some will pass eventually, if not this year, next year, or the year after.

Here is what is currently going on around marijuana law reform at the state house (compiled from our Legislative Center, with additional information from MPP’s list of bills and from cantaxreg.com):

Legalization Bills

Massachusetts

Thirteen months ago, Rep. Ellen Story introduced House Bill 1371, which would allow the legal and regulated sale of marijuana to adults. It was referred to the Joint Committee on Judiciary then, and it is still pending. A hearing is scheduled on March 6.

New Hampshire

Last month, Rep. Calvin Pratt (R) introduced HB 1705, which would allow people 21 and over to possess up to an ounce and allow for regulated retail and wholesale sales. Marijuana would be taxed at a rate of $45 an ounce at wholesale and at 19% of the wholesale price at retail. The bill is now before the House Criminal Justice and Public Safety Committee.

Washington

Last year, Rep. Mary Lou Dickerson (D) and 13 cosponsors introduced House Bill 1550, which would replace prohibition with regulation. It and a companion bill, Senate Bill 5598, are still both alive. Dickerson’s bill is pending in the House Committee on Public Safety & Emergency Preparedness.

Decriminalization Bills

Arizona

On January 9, Rep. John Fillmore (R) filed House Bill 2044, which would make possession of up to an ounce of marijuana a petty offense punishable by up to a $400 fine. Simple possession is currently a Class 6 felony in Arizona.

Hawaii

In March 2011, the Hawaii Senate passed Senate Bill 1460, which would reduce the penalty for possession of less than an ounce to a civil fine capped at $100. The current law specifies a jail stay of up to 30 days and a $1,000 fine. That bill was carried over and is now before the House Health, Public and Military Affairs, and Judiciary committees. Also carried over is House Bill 544, which would make possession of less than an ounce a violation instead of a misdemeanor and impose a maximum $500 fine. That bill is before the House Judiciary Committee.

Illinois

In January 2011, Rep. LaShawn Ford introduced House Bill 100, which would reduce the penalty for possession of up to 28.35 grams of marijuana to a $500 fine for a first offense, $750 for the second, and $1,000 for a subsequent offense. It would also reduce the charge from a misdemeanor to a petty offense. Under current law, possession of up to an ounce can be penalized with up to six months in jail and a $2,500 fine. The bill has been referred to House Rules Committee, and is still alive in Illinois’ two-year session.

Indiana

Last month, Sen. Karen Tallian introduced Senate Bill 347, which would reduce several marijuana-related penalties, including by making possession of up to three ounces of marijuana a civil infraction, punishable by up to a $500 fine and court costs. SB 347 was referred to the Committee on Corrections, Criminal, and Civil Matters.

New Hampshire

Last week, House Bill 1526, which would decriminalize possession of up to an ounce, got a hearing in the Criminal Justice and Public Safety Committee. Sponsored by Rep. William Panek (R),the bill would mandate a maximum $100 fine. It also provides for notification of parents of minor offenders, who could be ordered to attend a drug awareness program.

New Jersey

Last month, Assemblyman Reed Gusciora (D) introduced Assembly Bill 1465, which would reduce the penalty for 15 grams or less of marijuana to a civil penalty. The first violation would be punishable by a $150 fine, $200 fine for a second offense, and $500 after that. Any adult caught three times would be ordered to undertake a drug education program, as would any minor regardless of prior offenses. The bill is currently before the Assembly Judiciary Committee.

Rhode Island

Last month, more than half of the Rhode Island House of Representatives cosponsored Rep. John Edwards’ bill to fine adults for simple possession of marijuana and to sentence minors to drug awareness classes. The bill, House Bill 7092, was referred to the House Judiciary Committee. Current law provides for up to a year in jail and $500 fine; the bill would make it a civil offense with a maximum $150 fine.

Tennessee

In February 2011, Rep. Mike Kernell introduced House Bill 1737, which would reduce the penalty for less than 1/8 of an ounce of marijuana to a fine between $250 and $2,500. Possession would remain a Class A misdemeanor, but the bill would remove the possibility of a year-long jail sentence. Fines would remain the same.  A companion bill, Senate Bill 1597, has been referred to the Senate Judiciary Committee. Both bills remain alive in the state’s two-year legislative session.

Vermont

Last year, a tri-partisan group of legislators led by Rep. Jason Lorber filed House Bill 427, which would reduce the penalty for adults’ possession of up to an ounce of marijuana to civil fine of up to $150. Minors would be sent to drug education and community service for a first offense, as would adults under 21 convicted of a second or subsequent offense. The current penalty for first offense possession of marijuana is a fine of up to $500 and/or up to six months in jail. Second offense possession is currently punishable by up to two years in prison and/or up to a $1,000 fine. The bill is still alive in the state’s two-year legislative session. Last month, Sen. Joe Benning (R) and Sen. Philip Baruth (D) filed Senate Bill 134, which would reduce marijuana penalties, including by reducing the penalty for possession of up to two ounces of marijuana to a civil fine of up to $100. It has been referred to the Senate Judiciary Committee.

Decriminalization Improvement Bills

New York

Last year, legislators filed bills aimed at removing New York City’s reputation as the world’s marijuana arrest capital. The state’s current decriminalization law creates an exception for marijuana possessed in a public place and which is burning or open to the public view. The NYPD has used that exception to arrest more than 50,000 people a year on misdemeanor charges instead of issuing them tickets. In May, Sen. Mark Grisanti (R) filed Senate Bill 5187, while Assemblyman Hakeem Jeffries introduced a companion bill, A 7620. Both bills were referred to their chambers’ Codes Committees and are still alive.

North Carolina

A bill that would reclassify possession of an ounce as an infraction instead of a misdemeanor has been filed in North Carolina. HB 324 increases the decrim amount from a half-ounce, but removes the automatic suspended sentence for a first offense.

Twelve states have decriminalized marijuana possession so far (and possession in small amounts at home is legal under the Alaska constitution), but between an initial burst of reform activity in the 1970s and Nevada’s decriminalization in 2002, there were three decades of stagnation. Since then, three more states- — California, Connecticut, and Massachusetts — have come on board, and chances are more will follow shortly, Legalization remains a tougher nut to crack, but so far, there are opportunities in five states this year.

by Phillip Smith, February 09, 2012, 10:31am, (Issue #720)

State legislatures have convened or are convening all around the country, and once again this year, marijuana decriminalization or legalization are hot topics at the statehouse. Legalization bills are pending in three states (as well as on the ballot as initiatives in Washington and almost certainly Colorado), decriminalization bills are alive in nine states, and bills that would improve existing decriminalization laws have been filed in two states.

And this is still early in the legislative season. Bills can still be introduced in many states, and bills that have already been introduced can advance or be killed. By around the beginning of May, a clearer picture should emerge, but 2012 is already looking to be even more active than last year when it comes to decriminalization and legalization bills.

There’s a reason for that, said leading reformers.

“We’re seeing more bills introduced, and they’re having stronger and more sponsors,” said Karen O’Keefe, state policy director for the Marijuana Policy Project (MPP). “We’re also seeing more and more public support for decriminalization and legalization. We’re approaching critical mass as more and more people see marijuana prohibition as a failed public policy, and in legislatures because of fiscal constraints and changing public sentiment.”

“Each year, these bills are easier to introduce, there is less controversy, and the media reaction is generally neutral to positive,” said Allen St. Pierre, executive director of NORML. “Baby boomers, medical marijuana, the Internet, and the state of the economy have all had an impact, even, finally, on legislators and their staffs,” he explained.

“Before 1996, nobody invited NORML; now our staff is regularly going to meetings requested by legislators around the country,” St. Pierre recalled. “First, we couldn’t get them to return our phone calls; now they’re calling us. Everything is in play because of activists around the country doing years of work.”

That contact with legislators has led to results, St. Pierre said. “We’ve been involved in almost all of this legislation. Either we helped write it or legislators contacted us for deep background and we’re testifying at public hearings on these bills.”

MPP has been busy, too, O’Keefe said. “We have paid lobbyists in Rhode Island and Vermont, and one of our legislative analysts, Matt Simon, is from New Hampshire and has been working on bills up there,” she said.

Perhaps not surprisingly, O’Keefe thought the prospects of passage were best in Rhode Island and Vermont. “In Rhode Island, more than half of both chambers are cosponsors of the decriminalization bill, while in Vermont, Gov. Shumlin has been very supportive, and for the first time we have a Republican sponsor in the Senate — we already had one in the House,” she said.

Getting a marijuana bill through a state legislature is a frustrating, time-consuming process, and there is a chance that none of these bills will pass this year. But there is also a chance some will, and some will pass eventually, if not this year, next year, or the year after.

Here is what is currently going on around marijuana law reform at the state house (compiled from our Legislative Center, with additional information from MPP’s list of bills and from cantaxreg.com):

Legalization Bills

Massachusetts

Thirteen months ago, Rep. Ellen Story introduced House Bill 1371, which would allow the legal and regulated sale of marijuana to adults. It was referred to the Joint Committee on Judiciary then, and it is still pending. A hearing is scheduled on March 6.

New Hampshire

Last month, Rep. Calvin Pratt (R) introduced HB 1705, which would allow people 21 and over to possess up to an ounce and allow for regulated retail and wholesale sales. Marijuana would be taxed at a rate of $45 an ounce at wholesale and at 19% of the wholesale price at retail. The bill is now before the House Criminal Justice and Public Safety Committee.

Washington

Last year, Rep. Mary Lou Dickerson (D) and 13 cosponsors introduced House Bill 1550, which would replace prohibition with regulation. It and a companion bill, Senate Bill 5598, are still both alive. Dickerson’s bill is pending in the House Committee on Public Safety & Emergency Preparedness.

Decriminalization Bills

Arizona

On January 9, Rep. John Fillmore (R) filed House Bill 2044, which would make possession of up to an ounce of marijuana a petty offense punishable by up to a $400 fine. Simple possession is currently a Class 6 felony in Arizona.

Hawaii

In March 2011, the Hawaii Senate passed Senate Bill 1460, which would reduce the penalty for possession of less than an ounce to a civil fine capped at $100. The current law specifies a jail stay of up to 30 days and a $1,000 fine. That bill was carried over and is now before the House Health, Public and Military Affairs, and Judiciary committees. Also carried over is House Bill 544, which would make possession of less than an ounce a violation instead of a misdemeanor and impose a maximum $500 fine. That bill is before the House Judiciary Committee.

Illinois

In January 2011, Rep. LaShawn Ford introduced House Bill 100, which would reduce the penalty for possession of up to 28.35 grams of marijuana to a $500 fine for a first offense, $750 for the second, and $1,000 for a subsequent offense. It would also reduce the charge from a misdemeanor to a petty offense. Under current law, possession of up to an ounce can be penalized with up to six months in jail and a $2,500 fine. The bill has been referred to House Rules Committee, and is still alive in Illinois’ two-year session.

Indiana

Last month, Sen. Karen Tallian introduced Senate Bill 347, which would reduce several marijuana-related penalties, including by making possession of up to three ounces of marijuana a civil infraction, punishable by up to a $500 fine and court costs. SB 347 was referred to the Committee on Corrections, Criminal, and Civil Matters.

New Hampshire

Last week, House Bill 1526, which would decriminalize possession of up to an ounce, got a hearing in the Criminal Justice and Public Safety Committee. Sponsored by Rep. William Panek (R),the bill would mandate a maximum $100 fine. It also provides for notification of parents of minor offenders, who could be ordered to attend a drug awareness program.

New Jersey

Last month, Assemblyman Reed Gusciora (D) introduced Assembly Bill 1465, which would reduce the penalty for 15 grams or less of marijuana to a civil penalty. The first violation would be punishable by a $150 fine, $200 fine for a second offense, and $500 after that. Any adult caught three times would be ordered to undertake a drug education program, as would any minor regardless of prior offenses. The bill is currently before the Assembly Judiciary Committee.

Rhode Island

Last month, more than half of the Rhode Island House of Representatives cosponsored Rep. John Edwards’ bill to fine adults for simple possession of marijuana and to sentence minors to drug awareness classes. The bill, House Bill 7092, was referred to the House Judiciary Committee. Current law provides for up to a year in jail and $500 fine; the bill would make it a civil offense with a maximum $150 fine.

Tennessee

In February 2011, Rep. Mike Kernell introduced House Bill 1737, which would reduce the penalty for less than 1/8 of an ounce of marijuana to a fine between $250 and $2,500. Possession would remain a Class A misdemeanor, but the bill would remove the possibility of a year-long jail sentence. Fines would remain the same.  A companion bill, Senate Bill 1597, has been referred to the Senate Judiciary Committee. Both bills remain alive in the state’s two-year legislative session.

Vermont

Last year, a tri-partisan group of legislators led by Rep. Jason Lorber filed House Bill 427, which would reduce the penalty for adults’ possession of up to an ounce of marijuana to civil fine of up to $150. Minors would be sent to drug education and community service for a first offense, as would adults under 21 convicted of a second or subsequent offense. The current penalty for first offense possession of marijuana is a fine of up to $500 and/or up to six months in jail. Second offense possession is currently punishable by up to two years in prison and/or up to a $1,000 fine. The bill is still alive in the state’s two-year legislative session. Last month, Sen. Joe Benning (R) and Sen. Philip Baruth (D) filed Senate Bill 134, which would reduce marijuana penalties, including by reducing the penalty for possession of up to two ounces of marijuana to a civil fine of up to $100. It has been referred to the Senate Judiciary Committee.

Decriminalization Improvement Bills

New York

Last year, legislators filed bills aimed at removing New York City’s reputation as the world’s marijuana arrest capital. The state’s current decriminalization law creates an exception for marijuana possessed in a public place and which is burning or open to the public view. The NYPD has used that exception to arrest more than 50,000 people a year on misdemeanor charges instead of issuing them tickets. In May, Sen. Mark Grisanti (R) filed Senate Bill 5187, while Assemblyman Hakeem Jeffries introduced a companion bill, A 7620. Both bills were referred to their chambers’ Codes Committees and are still alive.

North Carolina

A bill that would reclassify possession of an ounce as an infraction instead of a misdemeanor has been filed in North Carolina. HB 324 increases the decrim amount from a half-ounce, but removes the automatic suspended sentence for a first offense.

Twelve states have decriminalized marijuana possession so far (and possession in small amounts at home is legal under the Alaska constitution), but between an initial burst of reform activity in the 1970s and Nevada’s decriminalization in 2002, there were three decades of stagnation. Since then, three more states- — California, Connecticut, and Massachusetts — have come on board, and chances are more will follow shortly, Legalization remains a tougher nut to crack, but so far, there are opportunities in five states this year.

Read more: http://www.wptz.com/news/30307600/detail.html#ixzz1kyUQgVqa

The Shumlin administration remains committed to the medical marijuana dispensary bill passed in the last legislative session but will be looking at it closely as the federal government renews pressure on states that have legalized medical marijuana dispensaries.

At issue is how the dispensaries, which would be permitted to begin operation next year, would get access to the illegal drug.

On June 29, Deputy Attorney General James Cole sent out a memo to all states attorneys regarding the authorization of medical marijuana. Cole’s memo expressed concern about large-scale marijuana cultivation centers and aimed a previous 2009 statement from the U.S. Department of Justice.

The so-called “Ogden Memo” written by Deputy Attorney General David Ogden, softened the Obama administration’s stance on prosecuting medical marijuana users. Now Department of Justice officials appear to be back pedaling.

“Some of these planned facilities have revenue projections in the millions of dollars based on the plant cultivation of tens of thousands of cannabis plants,” Cole wrote in the memo. “The Ogden Memorandum was never intended to shield such activities from federal enforcement action and prosecution, even where those activities purport to comply with state law.”

Vermont is one of 16 states that have legalized marijuana for medical use but according to Virginia Renfrew, partner of Zatz and Renfrew Consulting who worked to help get the bill passed into legislation, Vermont’s medical marijuana bill includes very stringent requirements for the dispensaries.

Dispensaries that have popped up in unregulated western states like California and Colorado, Renfrew said, had “been disasters.” The federal government raided 26 dispensaries in 13 cities in Montana last March.

Renfrew is concerned about the Obama administration’s memo and she says the most important thing is to get medicine out to seriously ill Vermonters.

“I can’t quite believe President Obama wants people buying from the black market and the unknown,” Renfrew said.

In the 2009 Ogden memo, the federal government appeared to be backing off prosecution of patients who were using marijuana to treat symptoms like nausea that are a side effect of cancer chemotherapy treatments. In the DOJ memo from 2009, Ogden wrote: “Prosecution of individuals with cancer or other serious illnesses who use marijuana as part of a recommended treatment regimen consistent with applicable state law, or those caregivers in clear and unambiguous compliance with existing state law who provide such individuals with marijuana, is unlikely to be an efficient use of limited federal resources.”

Cole’s memo, however, puts the focus on the core issue raised by the legalized sale of marijuana from dispensaries in some states in light of the federal government’s continued crackdown on pot dealers and consumers: How can a dispensary legally obtain marijuana in this context?

“Persons who are in the business of cultivating, selling, or distributing marijuana, and those who knowingly facilitate such activities, are in violation of the Controlled Substances Act, regardless of state law,” Cole wrote in his memo.

Although medical marijuana has been legalized on a state level, it is a Schedule 1 drug, according to the federal government, and it has no medical purpose.

The Department of Justice is concerned about recent legislation in states that undermines the federal law. Attorneys for the department are have issued warnings that in some states, dispensaries are tied to the authorization of “multiple large-scale, privately-operated industrial marijuana cultivation centers.”

Beth Robinson, special counsel to the governor, says they tried to pass a tightly controlled bill, but the administration needs to spend some time keeping track of the current situation.

“We’ve got to sit down with the Department of Public Safety to keep an eye on other states’ actions,” Robinson said. “We’re looking at it and we remain committed to it.”

Department of Public Safety Commissioner Keith Flynn was unavailable for comment but Deputy Commissioner John Wood released the following statement:

“According to Act No. 65, the Department of Public Safety is statutorily required to grant registration certificates to four dispensaries. That being said, the department is aware of the DOJ Cole Memo and is exploring the impact of this memo as it relates to the new legislation.”

How marijuana dispensaries in Vermont will work

Vermont legislation includes a long checklist of requirements that have to be met by the four medical marijuana dispensaries that would be allowed in the state.

According to Renfrew the regulation framework is as follows:

• Four dispensaries will be permitted to open in the state of Vermont with a 1,000 patient cap.
• A nonrefundable $2,500 application fee is required and if accepted by the Department of Public Safety, in charge of applications, the applicant will be charged an additional $30,000.
• Applicants must be a not-for-profit organization requiring a board. Under statute, all board members as well as employees will undergo background checks.
• Dispensaries are allowed to have two separate locations: one location to cultivate the marijuana and one place to sell.
• There will be a cap on the amount of marijuana plants dispensaries are allowed to cultivate.
• Patients are permitted to have up to two ounces a month.
• The price of medical marijuana has not yet been established but will most likely be on a sliding scale as many patients are on disability receiving little money each month.
• A cap will be kept on the pricing. Although the dispensaries are businesses and want to make a profit it should not be a staggering amount.
• Applications will not be available for at least nine to ten months.

Recent DEA actions

The Coalition for Rescheduling Cannabis filed a petition asking the Department of Drug Enforcement to remove marijuana from the Schedule 1 drug listing in October of 2002. On June 21 DEA administrator Michele Leonhart sent a letter to the coalition rejecting their petition.

The DEA had previously asked the Department of Health and Human Services to conduct a study on marijuana in 2004. In 2006 the department advised the DEA to keep marijuana as a schedule 1 drug. The DEA waited over four years before refusing reclassification of marijuana for the third time in the last 40 years.

News Hawk- Jacob Ebel 420 MAGAZINE
Source: vtdigger.org
Author: Eli Sherman
Contact: Contact Us
Copyright: VTDigger
Website: Vermont’s medical marijuana dispensaries under new pressure fro

House Resolution 1983 has been stalled in committee since Last June

HR 1983, the State’s Medical Marijuana Protection Act of 2011, introduced by Rep. Barney Frank (D-MA), explicitly states it will exempt people complying with state medical marijuana laws from federal arrest and prosecution.

Officially titled “To provide for the rescheduling of marijuana and for the medical use of marijuana in accordance with the laws of the various states”, the measure also calls for an immediate rescheduling review by the federal government that would reclassify cannabis from Schedule I to Schedule III under the federal Controlled Substances Act, officially recognizing the plant’s accepted medical use and streamlining the federal approval process for medical marijuana research. It is cosponsored by Rep. Jared Polis (D-CO), Rep. Fortney Stark (D-CA). and Dana Rohrabacher (R-CA).

“The time has come for the federal government to stop preempting states’ medical marijuana laws,” Frank said. “For the federal government to come in and supersede state law is a real mistake for those in pain for whom nothing else seems to work. This bill would block the federal prosecution of those patients who reside in those states that allow medical marijuana.”

Sixteen states — Alaska, Arizona, California, Colorado, Delaware, Hawaii, Maine, Michigan, Montana, New Jersey, New Mexico, Nevada, Oregon, Rhode Island, Vermont, Washington — and the District of Columbia have enacted laws protecting medical cannabis patients and often their providers from state prosecution. However, in all of these states, patients and providers still face the risk of federal sanction — even when their actions are fully compliant with state law.

Medical cannabis patients should feel safe from federal threats whether they are cultivating their own medicine, picking it up at a dispensary etc. When dispensaries are shut down, or gardens get plowed by the DEA, the real losers are the ill people using medical cannabis in order to treat their conditions. Often times these patients have already paid hundreds of dollars to be registered with the state, only to have the feds squash their efforts. Imagine having your local pharmacy getting shut down, terrorist style, leaving you without safe access to quality medicine. HR 1983 would provide the protection these patients need and deserve.

The time, money, and manpower spent by local, state, and federal authorities, to harass and prosecute medical cannabis patients is staggering, especially considering budget concerns in all parts of the U.S. In many states where medical cannabis laws have been passed, local municipalities have been collecting millions of dollars in taxes. So let’s see, less money out, more money in… HR 1983 absolutely makes sense for community budgets.

In states where dispensaries are allowed to operate, the cost of opening one can be staggering. Regulations in states, such as Colorado, can push the cost into the hundreds of thousands of dollars. This is nothing new, there is always a cost to do business, but the difference between dispensary owners and most business owners is the constant threat of DEA raids and asset forfeiture. These operators are most often good people who really want to be an accepted part of the community, yet the federal government considers them drug dealers using it’s influence to manipulate local governments to go against the will of the voters. Add the legal costs to fight for your right to operate and I wonder how these people are able to stay open? Passing HR 1983 would allow them to fully integrate into communities without constant federal harassment.

The known benefits of medical cannabis are a proven reality and how many more unknown benefits could be discovered if legitimate research could be done openly. Just look to Israel as an example. Since their government loosened the restrictions on cannabis research, a couple real quality studies are in the works. It’s no secret research and development is expensive. Passing this resolution would help entrepreneurs feel far more comfortable about investing capital in cannabis research once they don’t have to worry about the Feds kicking down the door. Imagine if we could isolate each of the hundreds of psychoactive components contained in the cannabis plant and test each one for potential ways to treat incurable diseases and conditions. Do we really want all this work to be done overseas? What about all the potential high paying research jobs this could create? H. R. 1983 would help make cannabis safer and create jobs here in the United States.

As a cannabis law reform and legalization advocate, I can appreciate what enacting this resolution has to offer. I personally see the biggest hurdle for marijuana law reform as breaking the decades old negative stereotypes created by the government propaganda machine. If people where allowed to use medical cannabis and the public saw crime rates fall and heard miracle cancer stories, maybe it could change their perceptions. Additionally, many people who use medical cannabis recreationally might actually be using it for medical reasons and just don’t know they are. Depression, anxiety, and other conditions often go undiagnosed, often leaving people to “self-medicate” on their own.

Bottom line, this bill doesn’t have many glaring problems and if your state doesn’t have a medical cannabis law, then it doesn’t really effect you anyway. The bill is currently in the House Committee on Energy and Commerce, chaired by Rep. Frederick Upton; it was assigned to the Subcommittee on Health and hasn’t budged since. Contact your congressman and tell them to co-sponsor the States’ Medical Marijuana Patient Protection Act now!

Here’s a great video from friend of the blog, Jay Selthofner talking about HR 1983

And here’s a link to the full text of the bill:

Colorado, Washington, Rhode Island and Vermont are asking federal officials to reclassify marijuana as a drug with medical use.

By Matt Smith, CNN

(CNN) – Medical marijuana advocates are hoping state governments can succeed where their efforts have failed by asking federal authorities to reclassify pot as a drug with medical use.

Shortly before Christmas, Colorado became the fourth state to ask the U.S. Drug Enforcement Administration to reclassify marijuana as a narcotic in the same league as heavyweight painkillers including oxycodone. The governors of Washington and Rhode Island filed a formal petition with the agency in November, and Vermont signed onto that request shortly afterward.

All four are among the sixteen states and the District of Columbia that have laws on the books that allow the medical use of marijuana, even though the drug remains illegal under federal law. Meanwhile, federal authorities have asserted their power by raiding dispensaries in states including California and Washington.

Supporters say the public is on their side, and the state requests show the feds are increasingly isolated on the issue. But they acknowledge it’s still an uphill battle.

“I don’t think that we’re going to see to much change in Washington’s position on this until public opinion and state-level support reaches a little bit higher a tipping point,” said Morgan Fox, a spokesman for the D.C.-based Marijuana Policy Project.

The DEA said it would “reply accordingly,” but noted that similar petitions had been rejected before. DEA spokeswoman Barbara Carreno told CNN that the agency gives “great respect” to state governments, but their requests would get “the same attention as a petition from a medical group or anything else.”

Marijuana is listed as a Schedule I drug by the DEA, meaning it’s dangerous and has no medical use. Medical marijuana advocates, including the states that have petitioned the agency, say it should be listed under Schedule II, comparing it to other prescription painkillers that have a high potential for abuse.

In 2006, the U.S. Food and Drug Administration restated its opposition to medical marijuana, saying “no sound scientific studies” support its use. State laws authorizing it “are inconsistent with efforts to ensure that medications undergo the rigorous scientific scrutiny of the FDA approval process,” it added.

But in their November petition, Washington Gov. Christine Gregoire and Rhode Island’s Lincoln Chafee argued that “the vast majority of modern research” has found marijuana useful for treating patients with glaucoma, for relieving the nausea suffered by cancer patients in chemotherapy and for relieving symptoms of degenerative nerve diseases.

They cite a 2001 study by the National Academy of Sciences that recommended research into the “potential therapeutic value” of cannabis, though it warned that smoking pot was a “crude” method “that also delivers harmful substances.”

“Since the last FDA review in 2006, the scientific process has identified and clarified even more of the therapeutic effects of cannabis through ongoing research and assessment of available data,” wrote Gregoire, a Democrat, and Chafee, a former Republican-turned-independent. “This petition presents this further evidence. It is now time for the DEA to reschedule the substance.”

The Obama administration says it is willing to support research, but has taken a stiff position against medical marijuana. In October, in response to online petitions, White House drug czar Gil Kerlikowske said marijuana “is not a benign drug.”

Medical marijuana group sues Obama administration

“Like many, we are interested in the potential marijuana may have in providing relief to individuals diagnosed with certain serious illnesses. That is why we ardently support ongoing research into determining what components of the marijuana plant can be used as medicine,” Kerlikowske wrote. “To date, however, neither the FDA nor the Institute of Medicine have found smoked marijuana to meet the modern standard for safe or effective medicine for any condition.”

Carreno said petitions to reschedule a drug take years to review. The DEA does its own analysis, then refers the requests to the FDA and the Department of Health and Human Services, which review their own research.

“Then they send recommendations back to us, and based on the recommendation we get, we make a decision,” she said.

Critics call medical marijuana a “Trojan horse” for legalizing the drug entirely, and federal authorities mounted a string of high-profile raids in California, Washington and Montana in 2011.

The Justice Department says it isn’t targeting patients who are in “clear and unambiguous compliance” with state laws. In October’s raids in California, prosecutors said they were targeting organizations that had become large-scale commercial traffickers, operating beyond the limits of state law.

In their petition, Gregoire and Chafee said rescheduling was needed because states can’t make rules governing medical marijuana “without putting their employees at risk of violating federal law.”

“From a patient perspective, there’s a lot of things up in the air,” Gregoire spokesman Cory Curtis told CNN. He said the state hopes “to give them clarity and peace of mind, both in the environment in which they get it and the prescription and dose they get.”

A round of federal raids targeted dispensaries in the Seattle area in November, but agents were targeting “folks who were distributing without a medical purpose,” Curtis said.

Washington allows patients to grow their own marijuana and keep a 60-day supply, which it defines as up to 24 ounces. Patients and designated health-care providers can keep “collective gardens.”

Rhode Island allows patients to grow up to 12 plants and possess up to 2.5 ounces of pot for their own use, as long as a doctor has certified that it may alleviate symptoms and the potential risks don’t outweigh the benefits. It also allows “compassion centers” to cultivate and dispense marijuana, as long as it stays within those limits for each patient.

In Colorado, legislation passed in 2010 allows state regulators to keep a tight rein on dispensaries and required them to request reclassification from the DEA.

“As long as there is a divergence in state and federal law, there is a lack of certainty necessary to provide safe access for patients with serious medical conditions,” Barbara Brohl, the executive director of Colorado’s Department of Revenue, wrote in a December 22 letter to DEA Administrator Michele Leonhart.

Since the law went into effect, more than 700 people have applied for licenses to sell medical marijuana, said Mark Couch, a spokesman for Brohl’s office. The state collected about $5 million in sales taxes in the last fiscal year, which ended in June — a tiny fraction of the state’s $8 billion general fund, he said.

Fox said the state’s requests to reclassify the drug “could and certainly should” give the states some breathing room, “but I really don’t think it will.”

“I think that it’s not going to provide any real tangible benefits immediately,” he said. But it if succeeds, “It will definitely bring the federal government more in line with currently accepted science.”

In the meantime, “There’s no reason for the federal government to be wasting resources going after medical marijuana providers,” he said.