Minnesota House and Senate lawmakers, along with Democrat Gov. Mark Dayton, agreed late last week to legislation that seeks to provide access to limited preparations of cannabis to qualified patients.
The finalized language represents a compromise between dueling House (House File 1818) and Senate bills (Senate File 1641), both of which had passed their respective chambers. On Friday afternoon, House lawmakers approved the compromised bill by a vote of 89 to 40. Members of the Senate voted 46 to 16 for the amended measure, sending it to the Governor’s desk.
Under the plan, state regulators intend to license two producers of cannabis and up to eight distribution centers. To be eligible to participate in the state’s program, patients need to possess a physician’s recommendation and be diagnosed with one of eight qualifying conditions (cancer/cachexia, glaucoma, HIV/AIDS, Tourette’s Syndrome, Amyotrophic Lateral Sclerosis, seizures — including those characteristic of epilepsy, severe and persistent muscle spasms — including those characteristic of multiple sclerosis, and/or Crohn’s Disease) and/or a terminal illness, and be registered with the state Department of Health.
Unlike other state medical cannabis programs, the Minnesota plan does not permit qualified patients to possess or obtain whole-plant cannabis. Instead, the forthcoming law mandates that state-licensed distribution centers provide oils, pills, and/or extracts prepared from the plant. Such products would be subject to laboratory testing for purity and potency. Patients’ health care provider must compile ongoing reports in regards to their patients’ progress.
Cannabis-based preparations are expected to be available to qualified patients by no later than July 1, 2015. Additional details on the forthcoming program are available here.
Earlier this week, the Drug Enforcement Administration ordered that 250 pounds of hemp seed be seized at Louisville Airport in Kentucky. The seeds were being imported by the Kentucky government from Italy to plant at state universities in their hemp pilot program. Kentucky legalized industrial hemp in 2013 and the federal government approved legislation this year that allowed states to engage in limited hemp cultivation.
When the DEA refused to return the seeds under reasonable conditions, the Kentucky Agriculture Department filed suit against the Justice Department, the Drug Enforcement Administration, U.S. Customs and Border Protection and Attorney General Eric Holder.
On Friday, there was a preliminary hearing regarding the lawsuit. During the hearing, U.S. District Judge John G. Heyburn II stated that the DEA must explicitly state what would need to be done for those participating in the pilot program to have the seeds returned. Federal officials responded that the Kentucky Department of Agriculture must fill out a narcotics license in addition to providing memorandum of agreement with the departments of universities planning to cultivate the crop.
In an interview discussing the hearing with the Huffington Post, Kentucky Agriculture Commissioner James Comer stated, “It sounds like a victory, but I’m not going to declare victory until those seeds go in the ground. It was very positive today. But we’ve felt pretty good throughout this entire process over the last several weeks, and the DEA would come back and change again. I’m not celebrating. It will be a victory when I have those seeds in hand.”
Elected officials across the state have voiced their support for the hemp program and decried the actions of federal officials. US Senate Minority Leader Mitch McConnell (R-KY) stated, “It is an outrage that DEA is using finite taxpayer dollars to impound legal industrial hemp seeds.”
According to the Congressional Resource Service, the US is the only developed nation that fails to cultivate industrial hemp as an economic crop. However, in February, members of Congress for the first time approved language in the omnibus federal Farm Bill allowing for the cultivation of industrial hemp in agricultural pilot programs in states that already permit the growth and cultivation of the plant.
The next court hearing is expected to occur on Wednesday, May 21. NORML will keep you updated as the situation evolves.
In the coming days, members of the House of Representatives are expected to debate and vote on budget appropriation legislation for the Department of Justice. Representatives Rohrabacher and Farr will be introducing an amendment to this measure to prevent any of the department’s funding from being used to interfere with medical marijuana programs in states that have approved them.
Twenty-one states — Alaska, Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Montana, New Hampshire, New Jersey, New Mexico, Nevada, Oregon, Rhode Island, Vermont, and Washington — as well as the District of Columbia have enacted laws protecting medical marijuana patients from state prosecution. Yet 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.
It is time that we allowed our unique federalist system to work the way it was intended. Patients, providers, and their state representatives should have the authority to enact laws permitting the medical use of cannabis — free from federal interference.
Please write your members of Congress today and tell them to stop using taxpayer dollars to target and prosecute state-authorized medical marijuana patients and providers. For your convenience, a prewritten letter will be e-mailed to your member of Congress.
Federal agencies are moving forward with plans to increase the US government’s production of research-grade cannabis.
Last week, the US Drug Enforcement Administration (DEA) publicly announced in the Federal Register that it is increasing its marijuana production quota from 21 kilograms to 650 kilograms (about 1,443 pounds) in order to meet increasing demand for the plant from clinical investigators.
Federal regulations permit a farm at the University of Mississippi to cultivate set quantities of cannabis for use in federally approved clinical trials. Regulators at the DEA, the US Food and Drug Administration, PHS (Public Health Service), and the US National Institute on Drug Abuse must approve any clinical protocol seeking to study the plant’s effects in human subjects.
On various occasions, marijuana reform advocates and researchers have publicly criticized NIDA for failing to approve proposed trials seeking to assess the therapeutic benefits of cannabis. However, in March, federal regulators finally signed off on a long-delayed clinical protocol from researchers at the University of Arizona College of Medicine to evaluate the use of cannabis its in war veterans suffering from post-traumatic stress. Also this spring, lawmakers in several states, including Alabama, Kentucky, and Wisconsin, passed legislation encouraging state-sponsored clinical trials to assess the therapeutic potential of cannabidiol – a nonpsychotropic organic component of cannabis – in the treatment of intractable epilepsy.
“The additional supply [of cannabis] to be manufactured in 2014 is designed to meet the current and anticipated research efforts involving marijuana,” A NIDA spokesperson told TheHill.com. “[T]his projection of increased demand is due in part to the recent increased interest in the possible therapeutic uses of marijuana.”
According to a keyword search using the terms ‘smoked marijuana’ on the clinicaltrials.gov website, eight trials are presently ongoing to evaluate the plant’s effects in humans. Two of these trials are assessing the plant’s potential therapeutic efficacy.
endorsement of NORML PAC).
What personally made you embrace marijuana law reform?
Senator Daylin Leach: My embrace for marijuana reform was based off of the pernicious and destructive laws currently in place. We live in a society where marijuana prohibition is putting a strain on our justice system that cannot continue, where sick children and adults are not getting the medicine they need, and where otherwise law-abiding citizens are losing their freedom for partaking in a “drug” that is so much less harmful than alcohol.
Despite 58% of Americans supporting marijuana legalization, why do you think some politicians are still hesitant to support these important reforms?
DL: Fear and lack of understanding Though the public is overwhelmingly supportive, understanding this support has not made its way up to many elected officials. They fear losing their next election and they do not understand what this polling means, how American sentiment on this issue has shifted.
Only after they see other politicians running – and winning – on ending prohibition will they understand that the tide has truly turned.
That is where NORML comes in, those of us who are running for Congress on this issue need your support so that we can show that this is not an issue to be afraid of, and that public support in polls is evident at the voting booth.
What has the reception to your marijuana reform platform been like?
DL: The reception from within the movement, from groups like NORML, has been fantastic.
From voters and constituents, it has been gratitude that we are talking about finding an end to prohibition, that we are finding safe and legal ways for people to get the medicine that they need, and that we are bringing some common sense to the criminal justice system.
The only push-back that I’ve gotten is from some of my fellow politicians who (as I stated in the earlier response) just don’t get it.
What advice would you give to marijuana law reform supporters who are working to change laws and bring politicians over to their side?
DL: Three words: win more elections.
Whether it is through campaign contributions (every bit helps!), or volunteering to help make phone calls or knock on doors, we need everyone who cares about this issue to mobilize around elections. And once we start winning, the politicians will follow.
If elected, what actions would you take to move away from our failed policy of marijuana prohibition?
DL: Ideally, the federal government would end prohibition with a single piece of legislation, but realistically, we that won’t pass — yet.
So, given the political realities, we need to push for more achievable goals. That is why, on taking office, I would add my name as a co-sponsor to HR 1635: the National Commission on Federal Marijuana Policy Act; HR1523: the Respect State Marijuana Laws Act; and, most importantly, HR 2652: The Marijuana Business Access to Banking Act so that businesses conducting legal business transactions can do so with the same federal banking protections as every other business.
It is winning incremental steps like these that will slowly push lawmakers toward our ultimate goal.
Any final words for the NORML audience?
DLNo other candidate in the Congressional election in PA-13 supports anything close to marijuana legalization, and no other candidate has even addressed it as part of their campaign. I have, and I am proud of that. But I can only get there with your help.
My Congressional district covers parts of Philadelphia and is in the 4th most expensive media market in the country (behind only New York, Los Angeles, and Chicago). Our election is May 20th and to communicate our message we are currently spending $200,000 a week!
We need you. Only by wining victories like my race will the issue and the movement progress forward. If you can make a contribution, thank you. If you can’t, sign up to phone bank (which you can do from anywhere in the country), and if you live near Philadelphia, stop by to help us knock doors.
This campaign lives and dies by the grassroots efforts of our supporters, and we need you now!
Thank you for all of your support.
Stay tuned for more interviews with policymakers, politicians, candidates, and public figures in the near future here on NORML Blog. For more information about Daylin Leach you can click here. The Pennsylvania Democratic Primary will be held on May 20th of this year, click here to find your polling place and here. A map of the Pennsylvania 13th Congressional District is available here.