The pro medical marijuana movement has gained yet another powerful voice in favor of the Legalization Debate, allowing states to decide whether to allow patients to use marijuana to treat various diseases. In an interview with NBC’s David Gregory, former President Bill Clinton conceded that “there is a lot of evidence pointing toward the positive benefits of medical marijuana”.
The man who famously “didn’t inhale” said, “I think there are a lot of unresolved questions, but I think we should leave it to the states. This really is a time when there should be laboratories of democracy, because nobody really knows where this is going.”
Mr. Clinton is just the latest in a long line of influential people who seemingly agree that it is time to take a serious look at allowing marijuana to be used for medical purposes. During his time as president, Barack Obama has tended to agree that the decision should be left up to the states, which has led to marijuana being legalized for various purposes in multiple states. So far, only Colorado and Washington are the only states to allow marijuana use for recreational purposes. However, the Republicans have largely opposed the effort to allow marijuana to be legalized for any purpose in the Legalization Debate.
Even the most staunch supporters of marijuana can’t know the long term effects of legalizing marijuana use, and Mr. Clinton feels that marijuana still should not be endorsed at the federal level until more is known about how the situations play out. He argues that states should be allowed to determine whether or not they want marijuana in their state, and then the experiments can be examined over time to determine whether this is something that should be pursued at the federal level.
That a prominent political figure would speak in such a way about marijuana, Clinton remains active in various projects around the world, reflects the progress that has been made by supporters of the legalization movement. Marijuana is no longer the social taboo that it was just 15 years ago, and this has changed it from being a politically untouchable issue into a mainstream cause.
Medical marijuana is now approved for use in 22 of the 50 states in the United States and the District of Columbia, which is impressive considering where the movement stood just a few years ago. Although cannabis is approved for use in all these states, it does remain a Schedule 1 substance. Schedule 1 drugs include the most addictive substances on the market, and these substances are usually punishable with time in jail. The Food and Drug Administration is now reviewing this classification at the request of the Drug Enforcement Agency.
If people as prominent as Bill Clinton continue to endorse the experiments that are going on with medical marijuana, the movement is sure to continue to gain traction with voters. There hasn’t been a movement in the legalization debate like this since the controversy with alcohol in the Prohibition Era.
It’s an exciting time to be paying attention to politics and no matter what side of the fence someone stands on in relation to marijuana, it’s important to be informed about the current trends in the marijuana debate. It’s something that potentially affects everyone in the country.
Add another state to the list that will be legalizing marijuana use for medical reasons. The New York Senate voted 49-10 on June 19th to pass a bill (known as the “Compassionate Care Act”) legalizing access to medical marijuana in NYS. This Bill has been passed by both houses of the Legislature and is supported by Governor Cuomo.
Now that Governor Andrew M. Cuomo is expected to sign the bill into law later this week, the focus has shifted from getting the bill passed to how it is going to be implemented. Gov. Cuomo has until July 5th to sign the bill, and an 18-month window will begin as soon as the bill is signed to begin creating regulations for the program, award contracts to grow the marijuana and decide what conditions should be included in the list of people who will have access to the drug.
Although other states are legalizing marijuana for medical use, the program that will be implemented in New York is going to look a little different than those in other states. For example, New York is going to place restrictions against smokable forms of marijuana. They are also going to limit the amount of dispensaries that will be allowed to grow and sell the drug. Initially, there are going to be five organizations that will be allowed to dispense the drug at four different locations each. This means that there will be no more than 20 dispensaries across the state of New York, and the locations are going to be regulated so that they will be evenly distributed throughout the state.
Some people remain apprehensive that this amount of locations is going to be able to appropriately serve the amount of people who are eligible for the drug. The Department of Health is going to maintain authority over what diseases and conditions are going to be eligible for the NYS medical marijuana. Right now, the list includes:
- HIV or AIDS
- Lou Gehrig’s Disease
- Parkinson’s Disease
- Multiple Sclerosis
- Spinal-Cord Injuries
- Inflammatory Bowel Disease
- Huntington’s Disease
There are also five other conditions that are currently up in the air to receive status as diseases that would be eligible for NYS medical marijuana: Alzheimer’s, muscular dystrophy, dystonia, post-traumatic stress disorder and rheumatoid arthritis. The health commissioner will have until the end of the 18-month window to determine which, if any, of these five will become eligible.
It is important to note that some still remain cautious about the potential of this program. While The Medical Society of New York State applauded the efforts to pass the bill, they also want everyone to know that there is still some risk to this movement. They warn that there is still potential for addiction to marijuana, which means that the program will need to be monitored closely to ensure that the proper procedures are being followed.
The “Compassionate Care Act” Will:
- Establish a certification and registry process for physicians to administer medical marijuana;
- Put in place a process for patients to obtain, and manufacturers to dispense, medical marijuana;
- Specify that the serious conditions for which medical marijuana can be prescribed are cancer, HIV/AIDS, ALS (Lou Gehrig’s Disease), Parkinson’s Disease, multiple sclerosis, damage to the nervous tissue of the spinal cord with objective neurological indication on intractable spasticity, epilepsy, inflammatory bowel disease, neuropathies and Huntington’s Disease;
- Establish a Class-E felony for a practitioner that certifies an individual as eligible to facilitate the possession of medical marijuana if he or she knows or reasonably should know the person who is asking for it has no need for the medication;
- Establish a misdemeanor offense for recipients of medical marijuana that sell or trade the medication; and
- Create a 7% excise tax on every sale of medical marijuana by a registered organization to a certified patient or designated caregiver.
We applaud the bill’s sponsors, Senator Diane Savino and Assembly Member Dick Gottfried and the patients, family members and other advocates who worked so hard to secure its passage.
If you, or anyone you know, thinks that they are potentially eligible for medical marijuana, please visit www.marijuanaproducts.com to find a list of dispensaries as they open for business.
Legal Medical Marijuana States & States Pending Legalization of Medical Marijuana
As of January 2014, medical marijuana has been legalized in 20 states and the District of Columbia. The states that have boarded this contributed to this decision thus far include:
- New Hampshire
- New Jersey
- New Mexico
- Rhode Island
Though the use of medical marijuana has been legalized in these states, there are still rules and regulations regarding the issue. Here are the most important laws you should keep in mind:
1) In Colorado AND Washington State, marijuana is legal for both medicinal and non-medicinal uses. Both states allow adults over the age of 21 to possess up to 1 oz without a medical marijuana card.
2) In the remainder of the states, there is a limit on how much medical marijuana you can legally possess- varying by state of course.
- Alaska, Montana, Nevada: 1 oz
- Arizona, Illinois, Maine, Michigan: 2.5 oz
- California: 8 oz
- Colorado, DC, New Jersey, Vermont : 2 oz
- Connecticut: 1 month supply (to be determined by doctor)
- Delaware, New Mexico: 6 oz
- Hawaii: 3 oz
- Massachusetts: 60 day supply for personal medical use
- New Hampshire: 2 oz during 10-day period
- Oregon, Washington: 24 oz
3) There is also a limit to how much a legal “grower” can possess. This person must be registered in the state in which they reside and must reapply every 365 days for said registration. (also varies by state)
- Alaska, Colorado, Maine: 6 plants (3 mature, 3 immature)
- Arizona: 0-12 plants
- California: 6 mature or 12 immature plants
- Hawaii, Nevada: 7 plants (3 mature, 4 immature)
- Michigan, Rhode Island: 12 plants
- Montana: 4 plants (mature) 12 seedlings
- New Mexico: 16 plants (4 mature, 12 immature)
- Oregon: 24 plants (6 mature, 18 immature)
- Vermont: 9 plants (2 mature, 7 immature)
- Washington: 15 plants
4) Cultivation is not allowed in Connecticut, Delaware, Illinois, New Hampshire, New Jersey, or the District of Columbia and a special license is required in New Mexico. In Arizona, cultivation is only allowed if the patient lives outside of the 25 mile radius from any dispensary.
5) Maryland does not condone the legal use of marijuana. However, the maximum penalty for possession of marijuana that can be proven to be medically necessary is a fine no more than 100 dollars.
6) In Utah, cannabis oil to treat epilepsy will be dispensed as a trial starting July 2014. These patients will need documentation from a neurologist stating their medical documentation.
7) In 18/20 of the states above (with the exception of Washington and Colorado) you are required to carry at all times a medical marijuana “card” or ID that states you are legally allowed to possess marijuana for medicinal use. You will be required to reapply for your card every 365 days
8) Dispensaries are for non-profit. They can legally accept money as a gift, but each state limits the amount of money they are allowed to “collect” from patients.
9) If you are on legal probation or in the custody of a parole officer, it is up to the discretion of the correctional facility to decide whether or not you can use marijuana for medicinal purposes. Most medical marijuana doctors and clinics will not approve, however.
10) The most important law is federal. The possession of marijuana is still illegal in regards to federal no matter what amount it is. Use caution if you have a medical marijuana card and are considering travel. You will be subject to penalty under federal jurisdiction. The following states recognize out-of-state medical marijuana cards:
- Rhode Island
Keep in mind that there are 13 states that are currently pending legislation to legalize medical marijuana. They are:
- New York
- South Carolina
- West Virginia