A federal court in Canada ruled today that government officials cannot prohibit physician-authorized patients from growing their own supply of medical cannabis.
The decision strikes down regulations enacted in 2013 that sought to take away patients’ longstanding authority to grow personal use quantities of cannabis. The court opined that the regulations unduly infringed upon patients’ liberties and that they were “not in accordance with the principles of fundamental justice.”
The judge’s ruling provides Parliament with six months to create new rules governing the regulation and distribution of medical cannabis in a manner that no longer requires patients to obtain medicine solely from federally-licensed, private third party providers.
NORML Canada‘s John Conroy served as lead counsel for the plaintiffs in the case, while NORML Deputy Director Paul Armentano served as an expert witness and filed an affidavit in the case.
Canadian officials first legalized the physician authorized use, possession, and home cultivation of medical marijuana in 2001. Those regulations were significantly amended in 2013 in a manner that sought to prohibit qualified patients from continuing to receive cannabis from Health Canada or from growing it themselves.
Last year, newly elected Prime Minister Justin Trudeau promised to amend Canada’s marijuana laws in a manner that regulates the plant’s use and sale for all adults.
Text of the decision, Allard et al. v Canada, is online here.
This week was a busy one for marijuana law reform around the country. There were several election day measures and a new bill was introduced in the Senate. Let’s take a closer look at this week’s marijuana happenings:
The controversial ResponsibleOhio measure failed to garner enough support in Ohio to become law. You can read more on what was learned from the campaign here. The measure was defeated 65 to 35 percent so it’s clear the initiative had some qualities that were less than desirable by Ohio residents. Those living in the city of Logan, OH also had the chance to vote on a local depenalization measure but voters rejected that measure 57 to 43 percent.
On the successful end of things, residents in two Michigan cities approved local measures to reduce the penalties associated with the possession, use, transfer and transportation of small amounts of marijuana.
Following election day, Vermont Senator and Democratic Presidential candidate, Bernie Sanders introduced legislation, S 2237, to remove marijuana from the US Federal Controlled Substances Act. The Ending Federal Marijuana Prohibition Act of 2015 would deschedule cannabis from the CSA, as is alcohol and tobacco. This legislation provides states the power to establish their own marijuana policies and banking policies free from federal interference.
What’s notable about this legislation is that it is the first ever bill introduced in the Senate that has called for the end of marijuana prohibition at the federal level. And it’s only the fourth marijuana law reform bill to have ever been introduced in the Senate. You can take action on this legislation, here.
While not necessarily legislative news, a couple other important events took place this week:
Mexico’s Supreme Court ruled in a 4-1 decision that the prohibition of marijuana is unconstitutional. The ruling declares that individuals should have the right to grow and distribute marijuana for their personal use.
While this is definitely a step in the right direction for a country that is almost crippled with drug cartel problems, what happens next remains to be seen. The ruling does not strike down current drug laws and it only applies to the four plaintiffs involved in the case. It could however, pave the way for more substantive policy changes to be made later on.
Disappointingly, the Drug Enforcement Administration’s Chief, Chuck Rosenberg said this week he doesn’t believe smoking marijuana is actually medicinal and called the entire premise a “joke”.
He said, “What really bothers me is the notion that marijuana is also medicinal — because it’s not. We can have an intellectually honest debate about whether we should legalize something that is bad and dangerous, but don’t call it medicine. That is a joke.”
“There are pieces of marijuana — extracts or constituents or component parts — that have great promise” medicinally,” he said. “But if you talk about smoking the leaf of marijuana, which is what people are talking about when they talk about medicinal marijuana, it has never been shown to be safe or effective as a medicine.”
To have a top official, largely responsible for our country’s drug policy, refuse to acknowledge the therapeutic effects of the whole marijuana plant is disappointing and very misleading. To learn more about medical marijuana and it’s scientifically proven medical efficacy, click here.
Thanks for catching up on what happened in marijuana law reform this week and keep following our blog for more updates as they happen!
Many observers were shocked and saddened when Brandon Coats, a quadriplegic who is authorized to use medical marijuana under Colorado state law, was fired from his job with Dish Network in 2010 after a positive drug test. Dish failed to make an exception for Coats, who used marijuana while off duty to control his seizures, and the company insisted on his being fired, leaving Coats no choice but to challenge this issue in court.
Specifically, Coats claimed that his conduct should have been permitted under the state’s Lawful Off-Duty Activities Statute, which makes it an unfair and discriminatory labor practice to discharge an employee based on the employee’s “lawful,” away-from-work activities. But the trial court, followed by the Court of Appeals and now the Colorado Supreme Court, have all ruled that the statute only protects conduct that is legal under both state and federal law — and therefore offers no job protection to Coats.
“Therefore, employees who engage in an activity, such as medical marijuana use, that is permitted by state law but unlawful under federal law are not protected by the statute,” Justice Allison H. Eid wrote in the opinion.
This case highlights one of the most pressing issues that needs to be addressed in the states that have legalized medical cannabis use — and the states that have adopted full legalization for all adults, as well. Although employees are protected from arrest and prosecution under state law by these various laws, they remain vulnerable to employment discrimination in almost all states.
Simply put, if an employer wants to insist on what they frequently call a “drug-free workplace,” they are legally permitted to do that — regardless of the unfairness this policy may cause, because we must note that they do not apply those same standards to off-job alcohol consumption or the use of prescription drugs.
Most Americans would strongly support the right of an employer to fire anyone who comes to work in an impaired condition. But smoking marijuana leaves one mildly impaired only for about an hour and a half; certainly smoking marijuana in the evening, or on the weekend, would have no impact on the employee who comes to work the following day.
Effort renewed to add PTSD to Colorado medical marijuana list
(Craig F. Walker, Denver Post file)
What we really need is for employers in these legalized states to become responsible corporate citizens and to do the right thing: Stop penalizing employees, absent a showing of impairment on the job. But absent that voluntary shift in policy, the obligation is now on those of us who favor marijuana legalization to go back to the state legislatures in states that have legalized cannabis, either for medical use or for all adults, and enact appropriate job protections for those who use marijuana legally under state law.
Before being allowed to fire an employee who tests positive for THC, the employer must be required to demonstrate on-the-job impairment. Just as we do not permit someone to be fired for reason of their gender, religion or race, neither should we permit an employee to be fired simply because they elect to use marijuana legally under state law, without a showing of actual on-job impairment.
Otherwise we are requiring many medical-use patients to choose between relieving their pain and suffering and keeping their employment. And we are allowing employers to fire good, hard-working, loyal employees for off-the-job activities that are totally unrelated to their job performance.
And that is simply unfair, and it cannot be allowed to stand. So let’s get to work and fix this problem.
Keith Stroup is an attorney, author of “It’s NORML to Smoke Pot: The 40-year Fight for Marijuana Smokers’ Rights” and founder of the National Organization for the Reform of Marijuana Laws, where he serves as legal counsel.
Newly appointed US Surgeon General Vivek Murthy believes that cannabis possesses therapeutic utility — an acknowledgment that contradicts the plant’s present placement as a Schedule I controlled substance under federal law.
Speaking to CBS News, Murthy said: “We have some preliminary data showing that for certain medical conditions and symptoms that marijuana can be helpful.” He added, “I think we have to use that data to drive policy making and I’m very interested to see where that data takes us.”
Dr. Murthy was confirmed as US Surgeon General late last year.
His statements appear to be inconsistent with the Schedule I classification of marijuana under federal law — a scheduling that defines the plant and its organic compounds as possessing “no currently accepted medical use …. in the United States” and lacking “accepted safety … under medical supervision.”
Next week in Sacramento, a federal judge will hear final arguments in a motion challenging the constitutionality of cannabis’ Schedule I classification. In October, defense counsel and experts presented evidence over a five day period arguing that the scientific literature is not supportive of the plant’s present categorization.
Briefs in this ongoing federal case are available online here.
[Update: Perhaps predictably, the Surgeon General has dialed back his initial comments to CBS News. Late last night, The Department of Health and Human Services issued a statement attributed to Murthy stating: “Marijuana policy — and all public health policies — should be driven by science. I believe that marijuana should be subjected to the same, rigorous clinical trials and scientific scrutiny that the Food and Drug Administration (FDA) applies to all new medications. The Federal Government has and continues to fund research on possible health benefits of marijuana and its components. While clinical trials for certain components of marijuana appear promising for some medical conditions, neither the FDA nor the Institute of Medicine have found smoked marijuana to meet the standards for safe and effective medicine for any condition to date.”
Interesting that Dr. Murthy cites the IOM which hasn’t formally commented on the issue of medical marijuana since releasing its report some 15 years ago, long before the results of FDA-approved clinical trials like this had been completed. Also notable that he leans on the FDA for guidance when the agency largely does not review the safety and efficacy of botanical products.]
NORML reviews the top news stories of 2014.
#1 Marijuana Legalization Measures Win Big On Election Day
Voters in Oregon and Alaska decided on Election Day in favor of statewide initiatives legalizing the commercial production and sale of marijuana for adults, while voters in the nation’s capitol and in numerous other cities nationwide similarly decided on local measures to eliminate marijuana possession penalties.
#2 Colorado And Washington Begin Regulating Retail Marijuana Sales
Two states, Colorado and Washington, initiated retail marijuana sales in 2014. Colorado’s program began on January 1. In Washington, state-licensed retail outlets began legally selling cannabis to adults in July.
#3 Congress Enacts Measure Protecting State-Sponsored Medi-Pot Programs
President Barack Obama signed spending legislation into law in December that included a provision limiting the Justice Department’s ability to take criminal action against state-licensed individuals or operations that are acting in full compliance with the medical marijuana laws of their states. The amendment states, “None of the funds made available in this act to the Department of Justice may be used … to prevent … states … from implementing their own state laws that authorize the use, distribution, possession, or cultivation of medical marijuana.”
#4 Congress Moves To Permit State-Sanctioned Hemp Cultivation
Federal lawmakers approved legislation in February permitting state-sponsored hemp cultivation to move forward despite the plant’s federal status as a Schedule I prohibited substance.
#5 Federal Judge Hears Challenge To Cannabis’ Schedule I Status
United States District Judge Kimberly Mueller heard five days of testimony in October in regard to the constitutionality of marijuana’s Schedule I status under federal law. Defense counsel and their experts argued that the scientific literature is not supportive of the plant’s present categorization. Judge Mueller is expected to make her ruling in early 2015.
#6 JAMA: Fewer Opiate-Related Deaths In Medical Marijuana States
The enactment of statewide medicinal marijuana laws is associated with significantly lower state-level opioid overdose mortality rates, according to data published in August in JAMA Internal Medicine. Researchers reported, “States with medical cannabis laws had a 24.8 percent lower mean annual opioid overdose mortality rate compared with states without medical cannabis laws.”
#7 President Acknowledges That Booze Is More Harmful Than Marijuana
Consuming cannabis is less harmful to the individual than is drinking alcohol, President Barack Obama acknowledged in January in an interview with The New Yorker. “I don’t think it (marijuana) is more dangerous than alcohol,” he stated. He added, [W]e should not be locking up kids or individual users for long stretches of jail time.”
#8 Study: Medical Marijuana States Have Fewer Violent Crimes
Medicinal cannabis laws are not associated with any rise in statewide criminal activity, according to data published in April in the journal PLoS ONE. “Medical marijuana laws were not found to have a crime exacerbating effect on any of the seven crime types. On the contrary, our findings indicated that MML precedes a reduction in homicide and assault,” authors concluded. “In sum, these findings run counter to arguments suggesting the legalization of marijuana for medical purposes poses a danger to public health in terms of exposure to violent crime and property crimes.”
#9 NYT Editors Opine In Favor Of Legalizing Cannabis
The New York Times editorial board in July called upon federal lawmakers to end the criminalization of cannabis for those over the age of 21. The paper’s editors opined: “The federal government should repeal the ban on marijuana. … Moderate use of marijuana does not appear to pose a risk for otherwise healthy adults. … [W]e believe that on every level, … the balance falls squarely on the side of national legalization.”
#10 Americans Say Marijuana Is Less Harmful To Health Than Sugar
Americans believe that consuming cannabis poses less harm to health than does the consumption of tobacco, alcohol, or sugar, according to the findings of a Wall Street Journal/NBC News poll released in March. Respondents were asked which of the four substances they believed to be “most harmful to a person’s overall health.” Most respondents said tobacco (49 percent), followed by alcohol (24 percent) and sugar (15 percent).