Medical Marijuana Update
Despite everything, Attorney General Sessions has medical marijuana on his mind, Florida lawmakers approve a no-smoking medical marijuana implementation bill, Vermont’s governor signs a medical marijuana expansion bill, and more.
Monday, it was reported that Attorney General Sessions asked Congress to let him go after medical marijuana. Attorney General Sessions sent a letter to Congress last month asking leading members to reject a federal law letting medical marijuana states set their own policies. The Rohrabacher-Farr amendment to the Justice Department budget bars the use of federal funds to prevent states “from implementing their own State laws that authorize the use, distribution, possession or cultivation of medical marijuana.” In a letter urging congress members to walk back the amendment, Sessions said the law would “inhibit [his department’s] authority to enforce the Controlled Substances Act.” Hat tip to Tom Angell at MassRoots, who first obtained the letter.
Last Thursday, the state attorney general asked the state Supreme Court to reinstate a ban on campus medical marijuana. Attorney General Mark Brnovich (R) has asked the state Supreme Court to review an appeals court ruling that struck down a ban on medical marijuana on college campuses. The state is arguing that the legislature had the right to alter the voter-approved medical marijuana law so that college students with medical marijuana cards could face felony arrests for possession of any amount of marijuana.
Last Friday, the state took another step toward adding more qualifying conditions. Consumer Protection Commissioner Michelle Seagull announced that she would follow a recommendation from the Medical Marijuana Program Board of Physicians to include three new conditions among the list of qualifying conditions for medical marijuana use. They are hydrocephalus with intractable headaches, intractable migraines, and trigeminal neuralgia. Seagull will now draft a new regulation by the end of the month, and after that, there will be a 30-day public comment period, then a review by the office of the attorney general, and then the approval of the Regulation Review Committee of the General Assembly. The whole process could take another year.
Last Friday, the medical marijuana implementation bill passed the legislature. Lawmakers used a special session to come to an agreement on how to handle medical marijuana. Under the proposal approved by the legislature, which Gov. Rick Scott (R) says he will sign, the state will gain an additional ten medical marijuana operators within four months. Each operator can operate up to 25 dispensaries across the state. But the bill also bans the smoking of medical marijuana even though the constitutional amendment approved by voters last November expressly included a provision that allows smoking. That has led Orlando lawyer John Morgan, who largely bankrolled the amendment, to vow to sue the state over the no-smoking provision.
Last Thursday, the governor signed a medical marijuana expansion bill. Gov. Phil Scott (R) signed into law Senate Bill 16, which expands the list of qualifying conditions for medical marijuana. The new conditions added are Parkinson’s disease, Crohn’s disease, and PTSD. The new law also increases the number of dispensaries in the state from four to five.
For extensive information about the medical marijuana debate, presented in a neutral format, visit MedicalMarijuana.ProCon.org.
By Phillip Smith
Paul Ebeling, Editor.
Permission to Reprint: This article is licensed under a modified Creative Commons Attribution license.
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