Congressional Members Urge Department of Veterans Affairs to End Its Policy of Prohibiting VA Physicians From Recommending Medical Marijuana to Qualifying Patients in States Where It Is Legal 

* Statement below from Robert Capecchi of the Marijuana Policy Project *

WASHINGTON, D.C. — In a letter to Veterans Affairs Secretary Robert McDonald released Wednesday, a bipartisan group of U.S. Senate and House members urged the Department of Veterans Affairs to allow VA doctors to write medical marijuana recommendations to veterans in accordance with state laws.

The letter comes four days before the expiration of a directive that prohibits VA doctors from recommending medical marijuana, even in states that have made it legal.

The Congressional members, led by Kirsten Gillibrand (D-NY), Steve Daines (R-MT), and Jeff Merkley (D-OR) in the Senate and Earl Blumenauer (D-OR), Dina Titus (D-NV), and Dana Rohrabacher (R-CA) in the House,say the current policy “disincentivizes doctors and patients from being honest with each other,” noting, “It is not in the veterans’ best interest for the VA to interfere with the doctor-patient relationship.”

“Congress has taken initial steps to alleviate this conflict in law and we will continue to work toward this goal,” the senators and representatives wrote. “However, you are in a position to make this change when the current VHA directive expires at the end of this month. We ask that you act to ensure that our veterans’ access to care is not compromised and that doctors and patients are allowed to have honest discussions about treatment options.”

The letter also highlights the “sea change in the legal framework surrounding marijuana in the United States” since the directive was issued in 2011. Comprehensive medical marijuana laws have been adopted in 23 states and Washington, D.C., and Congress has twice approved appropriations amendments intended to prevent the federal government from interfering with state medical marijuana programs.

Statement from Robert Capecchi, director of federal policies for the Marijuana Policy Project:

“Current VA policy is doing a disservice to veterans by preventing their doctors from exploring all possible treatment options. We trust VA physicians to prescribe painkillers and other prescription drugs that are far more addictive and infinitely more lethal. Why can’t we trust them to recommend medical marijuana to the patients who they believe could benefit from it?

“We applaud these senators and representatives for standing up for our nation’s veterans. We hope the Department of Veterans Affairs will act compassionately and follow their recommendation. It’s time for the VA to stop interfering in the doctor-patient relationship when it comes to medical marijuana.”

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Vermont Coalition to Regulate Marijuana to Launch Television Ad Campaign Featuring State’s Former Top Law Enforcement Official

In the ad, a former Vermont attorney general compares current marijuana prohibition laws to the ‘disaster’ of alcohol prohibition; he notes that ‘most Vermonters support a more sensible approach’ and urges them to contact their state senators — who are currently examining the issue— and tell them, ‘It’s time to end prohibition and start regulating marijuana in Vermont’ 

The ad — viewable online at https://youtu.be/Fk45yWMjtRc — will begin airing statewide Tuesday and run through the end of the week on WCAX, CNN, Fox News Channel, and MSNBC

MONTPELIER — A new television ad featuring Vermont’s former top law enforcement official speaking out in support of regulating marijuana will begin airing statewide on Tuesday, just as lawmakers are taking a close look at the issue. The ad — viewable online at https://youtu.be/Fk45yWMjtRc — will appear on WCAX, CNN, Fox News Channel, and MSNBC through Sunday.

In the ad, titled “Time to End Prohibition (Again)”), former Vermont Attorney General Kimberly Cheney draws a comparison between current marijuana prohibition laws and the failed policy of alcohol prohibition.

“We all know that prohibition was a disaster,” Cheney says as images from the era of alcohol prohibition appear on the screen. “It forced alcohol into the underground market, where it was controlled by criminals, and consumers did not know what they were getting. It made us a nation of hypocrites and lawbreakers.

“Marijuana prohibition has caused a lot of the same problems,” according to Cheney. “That’s why most Vermonters agree it’s time for a more sensible approach,” he says, referencing a September Castleton Polling Institute poll that found 56% of Vermonters support — and only 34% oppose — legalizing and regulating marijuana for adult use.

The ad ends with Cheney urging viewers to contact their state senators and tell them, “It’s time to end prohibition and start regulating marijuana in Vermont.”

“Mr. Cheney decided to appear in this ad for the same reason he served as the state’s top law enforcement official,” said Matt Simon, the Montpelier-based New England political director for the Marijuana Policy Project, which produced the ad on behalf of the Vermont Coalition to Regulate Marijuana. “He cares strongly about the safety and wellbeing of Vermont citizens.

“There are a lot of current and former law enforcement officials out there who support ending prohibition and regulating marijuana,” Simon said. “It’s important that citizens and lawmakers hear from them.”

During a Thursday hearing before the Senate Committee on Judiciary, Windham County Sheriff Keith Clark expressed support for ending marijuana prohibition and replacing it with a “more controlled and regulated system.”

“By eliminating the prohibition on marijuana and the need to utilize funding for enforcing a failed policy, we as a state can focus on what is important,” he said.

# # #

The Vermont Coalition to Regulate Marijuana is a broad coalition of citizens, organizations, and businesses working to end marijuana prohibition in Vermont and replace it with a system in which marijuana is regulated and taxed. For more information, visit http://www.RegulateVermont.org.

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Maryland Legislature Overrides Gov. Hogan’s Veto of Bill Intended to Fix State’s Marijuana Decriminalization Law; New Poll Shows Most State Voters Support Broader Reform

SB 517 removes criminal penalties for possession of marijuana paraphernalia, which was not included in the 2014 law that decriminalized simple marijuana possession

53% of Maryland voters support regulating marijuana like alcohol, according to new Gonzales Research poll

ANNAPOLIS — The Maryland House and Senate voted 86-55 and 29-17 Thursday to override Gov. Larry Hogan’s veto of a bill intended to fix the state’s marijuana decriminalization law.

SB 517, introduced by Sen. Bobby Zirkin (D-Baltimore County), removes criminal penalties for possession of marijuana paraphernalia. The measure also imposes a new civil fine of up to $500 on public cannabis consumption. Gov. Hogan vetoed the bill in May 2015, after it was approved 32-13 in the Senate and 83-53 in the House of Delegates.

Maryland adopted a law in 2014 that was intended to decriminalize simple marijuana possession, but it did not include marijuana paraphernalia.

A new poll released Thursday shows that the majority of Maryland voters support broader cannabis policy reform. A statewide survey of 818 registered voters conducted by Gonzales Research and Marketing Strategies found 53% favor a change in Maryland law to allow marijuana to be regulated and taxed similarly to alcohol. Only 43% were opposed. The poll was conducted Jan. 11-16 and has a margin of error of plus or minus 3.5%. The full results are available at www.mpp.org/Md2016poll.

Statement from the Marijuana Policy Coalition of Maryland, which supported SB 517:

“An overwhelming majority of Maryland voters do not want citizens to be subjected to jail time and a lifelong criminal record simply for using marijuana. The continued criminalization of paraphernalia in practice meant that people with small amounts of cannabis were still being arrested throughout the state, sometimes for nothing but the plastic bag containing the cannabis. This unfortunate shortcoming will now be fixed, thanks to the courage and support of our lawmakers.

“Gov. Hogan’s excuse for opposing this bill was misinformed, and we commend the legislature for seeing through it. We hope they also recognize that the people of Maryland want to go beyond decriminalization. Until cannabis is legal and regulated for adults, Marylanders who choose to consume a substance that is safer than alcohol will still be unfairly targeted for fines, too often in a racially biased way. Regulating cannabis like alcohol is the best policy option.”

# # #

The Marijuana Policy Coalition of Maryland includes the ACLU of Maryland, African American Democratic Club of Montgomery County, Baltimore County Young Democrats, Baltimore Student Harm Reduction Coalition, CASA de Maryland, Criminal Justice Policy Foundation, Demand Progress, Equality Maryland, Harford County Young Democrats, International Women’s Cannabis Coalition-Maryland Chapter, Job Opportunities Task Force, Labor Network for Sustainability, Law Enforcement Against Prohibition, League of Women Voters of Maryland, Libertarian Party of Maryland, Maryland Green Party, Marijuana Policy Project, Maryland Cannabis Industry Association, Maryland Justice Project, Maryland NORML, Maryland United for Peace and Justice, Maryland Working Families, Medical Cannabis Advocates of Maryland, Maryland State Conference of NAACP Branches, Montgomery County Civil Rights Coalition, Montgomery County Young Democrats, Our America Initiative, Students for Sensible Drug Policy, United Food and Commercial Workers (UFCW) Union Local 400, and Veterans for Peace, Phil Berrigan Memorial Chapter.

Learn more at http://www.MarijuanaPolicyInMd.org.

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Adult possession of a small amount of marijuana will become a civil violation punishable by a fine; Delaware will be the 19th state in the nation to remove the threat of jail for simple possession

DOVER — Marijuana decriminalization legislation adopted earlier this year in Delaware will officially take effect on Friday, making it the 19th state in the nation to remove the threat of jail for simple marijuana possession. (A 20th state, Missouri, has a similar law on the books that goes into effect in 2017.)

“Delaware’s marijuana policy is about to become a lot more reasonable,” said Karen O’Keefe, director of state policies for the Marijuana Policy Project. “Most people agree adults should not face jail time or the life-altering consequences of a criminal record just for possessing a substance that is safer than alcohol. Taxpayers certainly don’t want to foot the bill for it, and fortunately they will not have to any longer.”

Under current Delaware law, possession of up to one ounce of marijuana is a misdemeanor with a maximum punishment of a $575 fine and three months in jail. Once HB 39 takes effect, the possession or private use of one ounce or less of marijuana will no longer trigger criminal penalties or create a criminal record for adults 21 years of age and older. Instead, it will be a civil violation punishable by a $100 fine. Adults between the ages of 18 and 20 will face the same $100 civil fine for their first offense, then an unclassified misdemeanor for subsequent offenses, which they can have expunged from their records when they reach age 21. Marijuana possession by minors and public consumption by people of any age will remain misdemeanors.

“State governments are realizing it makes no sense to criminalize substantial portions of their populations for marijuana possession,” O’Keefe said. “It diverts law enforcement resources from serious crimes and takes a toll on the lives of their citizens. Delaware is moving in the right direction, but there’s still plenty of room for progress. Most voters think the state should treat marijuana similarly to alcohol, and we hope their lawmakers will explore that option.”

HB 39 was introduced by Rep. Helene Keeley (D-Wilmington South) in the House and sponsored by Sen. Margaret Rose Henry (D-Wilmington East) in the Senate. It received final approval in the legislature on June 18 and was signed by Gov. Jack Markell later that day.

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Federal Government Urges Supreme Court to NOT Hear Nebraska and Oklahoma’s Lawsuit Challenging Colorado’s Marijuana Regulation Laws

Brief filed Wednesday by the Solicitor General asks the court to dismiss the case because ‘it would represent a substantial and unwarranted expansion of this Court’s original jurisdiction’

* Statement below from MPP’s Mason Tvert, who co-directed the 2012 Colorado marijuana initiative campaign * 

WASHINGTON, D.C. — In a brief filed Wednesday by the Solicitor General, the U.S. government urged the Supreme Court to dismiss the lawsuit filed by Nebraska and Oklahoma challenging Colorado’s marijuana regulation laws.

Nebraska and Oklahoma filed the lawsuit directly with the Supreme Court in December 2014, arguing that the state’s decision to regulate the cultivation and distribution of marijuana was “placing stress on their criminal justice systems.” In May, the court asked Solicitor General Donald Verrilli, Jr. for his opinion on the lawsuit.

According to the brief filed by Verrilli on Wednesday:

“The motion for leave to file a bill of complaint should be denied because this is not an appropriate case for the exercise of this Court’s original jurisdiction. Entertaining the type of dispute at issue here — essentially that one State’s laws make it more likely that third parties will violate federal and state law in another State — would represent a substantial and unwarranted expansion of this Court’s original jurisdiction.”

Statement from Mason Tvert, director of communications for the Marijuana Policy Project and a co-director of the 2012 Colorado marijuana initiative:

“This is a meritless and, quite frankly, ludicrous lawsuit. We hope the court will agree with the solicitor general that it’s not something it should be spending its time addressing. These states are literally trying to prevent Colorado from controlling marijuana within its own borders. If officials in Nebraska and Oklahoma want to have a prohibition-fueled marijuana free-for-all in their states, that’s their prerogative. But most Coloradans would prefer to see marijuana regulated and taxed similarly to alcohol.”

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The appropriations bill unveiled late Tuesday in Congress includes the Rohrabacher-Farr Amendment, which is intended to prevent the DOJ and DEA from arresting or prosecuting patients, caregivers, and businesses that are acting in compliance with state medical marijuana laws; the spending plan also renews the Harris Amendment, which prevents the District of Columbia from regulating marijuana for adult use

WASHINGTON, D.C. — The Justice Department will continue to be prohibited from interfering in state medical marijuana laws under the new federal spending bill unveiled late Tuesday night.

The compromise legislation includes a provision that is intended to prevent the department, including the Drug Enforcement Administration, from using funds to arrest or prosecute patients, caregivers, and businesses that are acting in compliance with state medical marijuana laws. It stems from an amendment sponsored by Reps. Dana Rohrabacher (R-CA) and Sam Farr (D-CA) that was first approved in the House of Representatives in May 2014 and included in the Consolidated and Further Continuing Appropriations Act of 2015 signed by President Obama last December.

“The renewal of the Rohrabacher-Farr Amendment suggests most members of Congress are ready to end the federal government’s war on medical marijuana,” said Robert Capecchi, director of federal policies for the Marijuana Policy Project. “There’s a growing sentiment that the Justice Department should not be using taxpayer dollars to arrest and prosecute people who are following their states’ medical marijuana laws.”

In April 2015, a Justice Department spokesman told the Los Angeles Times that the department did not interpret the amendment as affecting cases involving individuals or businesses, but merely “impeding the ability of states to carry out their medical marijuana laws.” In October, a federal judge ruled that interpretation was inaccurate and that the Rohrabacher-Farr Amendment prevents the department from taking action against individuals who are acting in compliance with state laws.

“This amendment has teeth, but only as long as it keeps getting renewed,” Capecchi said. “It’s time for Congress to adopt a more permanent solution. The CARERS Act is one option, but Sen. Grassley is not allowing it to get a committee hearing. Unfortunately, some members are still clinging to antiquated prohibition policies.”

The new spending plan also includes an amendment, introduced by Rep. Andy Harris (R-Maryland) and approved earlier this year, which prevents the District of Columbia from regulating the cultivation and distribution of marijuana for adult use. District voters approved a ballot initiative in 2014 to make possession and growing of limited amounts of marijuana legal for adults 21 years of age and older.

“Marijuana is now legal for adults in the District of Columbia, and it needs to be treated like a legal product,” Capecchi said. “It is irrational to prohibit D.C. officials from establishing a regulatory system to control the cultivation and distribution of marijuana. By renewing the Harris Amendment, Congress is posing a real threat to public health and safety in our nation’s capital.”

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Annual Monitoring the Future survey of U.S. teens finds no change in marijuana usage rates for past five years and no increase in use associated with decline in perception of great risk

* Statement below from the Marijuana Policy Project * 

WASHINGTON, D.C. — The results of an annual survey of U.S. middle and high school students released Wednesday invalidate claims that reforming marijuana laws and debating legalization will lead to increased marijuana use among teens.

According to the Monitoring the Future Survey sponsored by the National Institute on Drug Abuse (NIDA):

• Rates of daily marijuana use by 8th-, 10th-, and 12th-graders, as well as monthly use by 12th-graders, did not change from 2014 to 2015 and have remained unchanged since 2010.

• The rate of monthly marijuana use by 8th-graders did not change in the past year, but has dropped significantly since 2010.

• The rate of monthly marijuana use by 10th-graders appears to have dropped significantly from 2014 (and 2010) to 2015.

The survey also found a decline in the number of teens who perceive ‘great risk’ in marijuana use, negating the theory that softening perceptions of harm will result in more teens using marijuana.

Statement from Mason Tvert, director of communications for the Marijuana Policy Project:

“Many young people recognize that marijuana is less harmful than alcohol and other drugs. But they also understand that it is not okay for them to use it. For decades, teens had an artificially high perception of risk that stemmed from exaggerations and scare tactics. Now that there is more information out there and it's not limited to horror stories and propaganda, they are developing a more realistic view. The goal of marijuana education should not be to increase teens’ perception of risk. It should be to increase teens’ understanding of marijuana.

“A lot of marijuana laws have changed over the past five years, but rates of teen marijuana use have not. It’s becoming harder and harder for our opponents to make the case that rolling back prohibition will lead to increased use by teens. The evidence simply does not support the theory that reduced perceptions of risk result in more use among young people. It’s time to stop using teens as a shield to fend off sensible marijuana policy reform efforts.”

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The nation’s largest marijuana policy organization upgraded Bush — who had not previously expressed support for decriminalization — from a ‘D’ to a ‘C-’ following a Friday interview on a Boston radio station

* Statement below from Mason Tvert of the Marijuana Policy Project *

WASHINGTON, D.C. — The nation’s largest marijuana policy organization upgraded Jeb Bush from a “D” to a “C-” in its 2016 presidential candidate report card on Friday following a radio interview in which the former Florida governor expressed support for decriminalizing marijuana.

 According to a report from Marijuana.com:

“It’s one thing to say we should have decriminalization of marijuana. I support that,” the former Florida governor said in an interview with Joe Mathieu of Boston’s WBZ NewsRadio. Bush had not previously endorsed a removal of criminal penalties for cannabis possession.

Bush also referred to marijuana as a “gateway drug” during the interview, referencing a theory that was thoroughly debunked by the National Academy of Sciences’ Institute of Medicine in a 1999 report commissioned by the White House Office of National Drug Control Policy. He also said “the new marijuana” is “highly, highly toxic,” despite researchers consistently finding that marijuana is among the least toxic drugs and incapable of producing a fatal overdose. 

The Marijuana Policy Project’s voter guide, launched in June, grades the major-party presidential hopefuls based on actions they have taken and statements they have made that indicate their levels of support for ending marijuana prohibition, allowing legal access to medical marijuana, and defending states’ rights to adopt their own marijuana policies without interference from the federal government. The voter guide can be viewed online at http:// mpp.org/president.

In October, MPP boosted Republican candidate Mike Huckabee from a “D” to a “B-” following an interview in which he expressed a more sympathetic position on medical marijuana and said he would not use federal resources to interfere in states that have adopted laws that legalize and regulate marijuana for adult use. MPP upgraded Bernie Sanders from a “B” to an “A” after he became the first-ever major-party presidential candidate to express support for ending marijuana prohibition, and it boosted Hillary Clinton from a “B-“ to a “B” because she strengthened her position in support of allowing access to medical marijuana.  

Statement from Mason Tvert, director of communications for the Marijuana Policy Project:

“We’re glad to hear Gov. Bush is in favor of removing criminal penalties for at least some marijuana-related offenses. We hope he will elaborate on this position and let voters know what he would do on this front if elected. A solid majority of Americans think marijuana should be legal for adults, and an even stronger majority support legal access to medical marijuana. Gov. Bush might be evolving on the issue, but he’s still lagging behind most Americans.

“It’s always astonishing to hear someone running for our nation’s highest office still believes in the reefer madness that was conjured up more than half a century ago. Equating marijuana to heroin is like equating apples to orange soda. The marijuana that is available today is no more toxic than the marijuana Gov. Bush used in college. It was far less toxic than alcohol then, and it’s far less toxic than alcohol now.”

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Minnesota will join the majority of states with workable medical marijuana laws by allowing individuals suffering from severe and chronic pain to legally access medical marijuana if their doctors recommend it

* Statement below from the Marijuana Policy Project *

ST. PAUL — Minnesota Commissioner of Health Dr. Ed Ehlinger announced Wednesday that intractable pain, as defined in Minnesota law, will be added to the list of qualifying conditions for which patients can legally access medical marijuana.

The commissioner must notify the chairs and ranking minority members of the legislative health and public safety policy committees. Intractable pain will become a qualifying condition for medical marijuana effectiveAugust 1, 2016, unless the legislature passes a law stating otherwise.

The vast majority of the 23 states with workable medical marijuana programs allow the use of medical marijuana to treat intractable pain.

Statement from Robert Capecchi of the Marijuana Policy Project:

“This is a sensible and compassionate decision that will help a lot of Minnesotans who suffer every day from intractable pain. The commissioner heard from countless medical professionals, patients, and families from across the state about the benefits of medical marijuana for people suffering from this debilitating condition. We commend Commissioner Ehlinger and everyone else involved in taking this important step toward improving the lives of countless Minnesotans.

“Medical marijuana has been found to be an effective treatment option for people suffering from severe and chronic pain. It is oftentimes more effective than prescription painkillers, and it is undeniably far less addictive and less toxic. Recent research shows that states that allow medical marijuana for severe and chronic pain have lower rates of fatal prescription drug overdoses. The decision to add intractable pain as a qualifying condition in Minnesota will improve not only the health of individual patients, but also the community as a whole.”

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With an ID card, Linda Horan will be able to obtain medical marijuana legally in Maine and use it without fear of arrest in New Hampshire; Horan sued DHHS after it refused to issue ID cards until dispensaries open next year

* Statements below from Horan’s attorney *

CONCORD — On Tuesday, a Merrimack County Superior Court Judge ordered the New Hampshire Department of Health and Human Services (DHHS) to issue a medical marijuana ID card to a woman with terminal cancer in order to expedite her access to medical marijuana.

Linda Horan of Alstead filed a lawsuit against DHHS Commissioner Nicholas Toumpas earlier this month, asking the agency to immediately issue her a medical marijuana ID card so that she can begin obtaining medical marijuana legally in Maine and using it without fear of arrest in New Hampshire. The lawsuit is available at http://mpp.org/HoranLawsuit.

DHHS is responsible for administrating the state’s medical marijuana program, which has experienced several delays since Gov. Maggie Hassan signed it into law in July 2013. The agency began accepting applications from patients interested in participating in the program, but patients remain at risk of arrest and prosecution until they receive program ID cards. DHHS is refusing to issue ID cards until dispensaries open, which is not expected until 2016.

Horan, who suffers from stage IV lung cancer, filed an application with DHHS after receiving approval from all five of her physicians.

Statement from Horan’s attorney, Paul Twomey:

“We are extremely grateful to Judge McNamara for directing the state to follow the law and not deprive critically ill patients of medicine. The Department of Health and Human Services has been extremely helpful and compassionate throughout this process, and we fully expect them to process Linda’s application expeditiously so that she might travel to Maine to obtain her medicine. We hope that the rest of state government will benefit from this case and start to work to heal and not hinder patients.

“The current law does not provide anything like adequate access to medical care, especially in the North Country where extremely ill patients must travel for hours and hours to reach the nearest treatment center. There are simple solutions to access problems if the government can manage to deal with this as a health problem. We must let our doctors make decisions about health care.

“I would like to express my gratitude to the Marijuana Policy Project for its invaluable assistance that made it possible for Linda Horan to receive the medical treatment she needs and deserves. Quite simply, we would not have been able to bring this lawsuit without their help.

“Linda is a hero. Facing death, she has chosen to fight for the rights of all the critically ill patients in NewHampshire, who should not have to fear arrest because they are sick. She may be dying, but we all owe her our thanks for showing us how to live.”

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