Democrat Gov. Jerry Brown signed legislation today, Assembly Bill 258, to allow medical marijuana patients to receive organ transplants.
Hospitals in California and elsewhere have denied patients from receiving organ transplants solely based on their status as medicinal marijuana consumers. Assembly Bill 258 reads, “A hospital, physician and surgeon, procurement organization, or other person shall not determine the ultimate recipient of an anatomical gift based solely upon a potential recipient’s status as a qualified patient, as defined in Section 711362.7, or based solely upon a positive test for the use of medical marijuana by a potential recipient who is a qualified patient.”
Passage of AB 258 ends these discriminatory practices in California.
The new law takes effect on January 1, 2016.
According to a study published in the American Journal of Transplantation, marijuana use by patients undergoing transplants does not adversely impact survival rates.
Police in Florida’s largest county will soon have the option to cite, rather than arrest, minor marijuana offenders.
Commissioners for Miami-Dade county voted 10 to 3 this week in favor of a countywide ordinance to treat marijuana possession offenses involving 20 grams or less as a civil infraction, punishable by a $100 fine — no arrest, no criminal prosecution, no incarceration, and no criminal record. The new ordinance takes effect late next week.
Under state law, minor marijuana possession offenses are classified as a criminal misdemeanor, punishable by up to one year in jail and a $1,000 fine. According to an analysis by the ACLU, an estimated 60,000 Floridians are arrested for cannabis possession violations annually — the third highest statewide total in the nation.
According to a countywide analysis by CBS, misdemeanor marijuana arrests accounted for 10 percent of all cases filed in the Miami-Dade criminal court system between the years 2010 and 2014. While African Americans comprise just 20 percent of the county’s population, they comprised over half of all of those arrested for marijuana possession offenses.
Senior county officials have not yet provided details in regard to how police will implement the new law or what criteria they will use to determine whether to issue a citation or make an arrest.
Legislation takes effect at midnight tonight permitting adults to possess and cultivate marijuana for personal use.
Fifty-six percent of state voters approved Measure 91 in November, which allows those over the age of 21 to legally possess up to one ounce of cannabis and/or to engage in the non-commercial cultivation of up to four marijuana plants (yielding up to eight ounces of marijuana). The law also permits adults to possess up to a pound of cannabis-infused edibles, 72 ounces of cannabis-infused liquids, and/or one ounce of marijuana concentrates.
Separate regulations allowing for the licensed production and retail sale of cannabis have yet to be finalized by lawmakers. Legislation is under consideration to permit adults to temporarily purchase cannabis from state-licensed medical dispensaries as soon as the fall.
State-licensed retailers are not anticipated to be operational until mid-to-late 2016.
Oregon is the fourth state – joining Alaska, Colorado, and Washington – to permit adults to legally possess limited quantities of marijuana for their own personal use. The District of Columbia also allows adults to possess and grow marijuana legally.
Republican Gov. Bobby Jindal signed legislation late yesterday significantly reducing criminal penalties for marijuana possession offenses.
House Bill 149, which took effect upon signing, amends the state’s toughest-in-the-nation repeat offender laws for marijuana possession offenses.
Under the previous law, second-time possession offenders faced up to five years of hard labor in prison. Third-time offenders faced up to 20 years hard labor in prison.
Under the revised law, two-time marijuana possession offenders face a maximum sentence of six-months in prison. Three-time offenders face a maximum sentence of two-years in prison. Those convicted of marijuana possession for a fourth time face up to eight years in prison.
First-time offenders found in the possession of 14 grams of cannabis or less now face a maximum penalty of 15 days in jail (reduced from six-months). House Bill 149 allows offenders to apply to have their record expunged if they aren’t convicted of a marijuana violation within two years of the first offense.
According to an analysis by the ACLU, Louisiana ranks #14 in the nation in per-capita marijuana possession arrests.
Gov. Jindal also signed separate legislation, SB 143, amending the state’s dormant Therapeutic Research Act. Specifically, the measure asks the state to adopt rules and regulations “relating to the dispensing of prescribed marijuana for therapeutic use” for patients with glaucoma, spastic quadriplegia, or who are undergoing cancer chemotherapy. However, because this language directly conflicts with federal regulations prohibiting doctors from ‘prescribing’ schedule I controlled substances, it remains to be seen whether any licensed Louisiana physicians will agree to participate in the state’s proposed program.
Members of the US Senate at a hearing yesterday expressed skepticism in regard to federal policies limiting the ability of investigators to engage in clinical studies of marijuana’s health benefits.
Senators heard from representatives from the Drug Enforcement Administration (DEA), Food and Drug Administration (FDA), National Institute on Drug Abuse (NIDA), University of Mississippi Medical Center, Arrowhead Regional Medical Center and Project SAM on a variety of issues
The hearing’s most noteworthy moment came when Nora Volkow, director of NIDA, acknowledged that the monopoly on marijuana cultivation for research purposes ought to be amended. Currently, NIDA contracts strictly with the University of Mississippi to grow marijuana for use in research studies. This has led to a cannabis supply that is often delayed significantly and lacking in quality.
Dr. Volkow was supported in her acknowledgement by Dr. Douglas Throckmorton, Deputy Director for the Center for Drug Evaluation and Research with the FDA who answered, “Yes, I think there are advantages to a broad supply of varied marijuana.”
When questioned on whether or not other drugs in the Schedule 1 classification experience this same monopoly, Dr. Volkow said no and there was no scientific reason to treat them differently.
This acknowledgement by Dr. Volkow falls in line with a previous ruling by a DEA administrative law judge in 2007 which was later set aside by former DEA Director, Michele Leonhart.
Other topics discussed at the hearing included expanded access programs which have currently authorized treatment for 400 patients in the U.S. using Epidiolex. Epidiolex is a formulated product containing cannabidiol (CBD) that possesses orphan drug status from the FDA to treat pediatric epilepsy.
While it is clear that Senators Gillibrand (D-NY) and Booker (D-NJ) are making strides to reform federal medical marijuana law, it remains to be seen if Senator Grassley (R-IA), who chairs the Senate Judiciary Committee, and Sen. Feinstein (D-CA) will also take action.