medical_marijuana

Missouri and Oklahoma Cities Adopt Business Friendly Medical Marijuana Rules

Missouri and Oklahoma cities are embracing medical marijuana, and adopting business-friendly ordinances. Oklahoma has quickly expanded its medical marijuana program, and generated over $12 million in sales in March. Missouri is also planning for a big rollout as Governor Parson allocated $3 million to the medical marijuana program. To date, the state received over 481 pre-filed license applications and fees totaling $3,470,000. Licenses will be formally accepted on August 3, 2019.

Our data shows that, since the beginning of March, at least 25 cities in these states discussed allowing medical marijuana or have adopted an ordinance. The growth in the number of cities considering medical marijuana is noticeable and encouraging for the industry overall. Unlike cities on the East and West Coasts, the ordinances are generally simple, offer low fees, no caps on licenses and fewer operating requirements. These business friendly towns offer a license opportunity at a lower cost and regulatory risk.

Groundhog Day: Michigan Did NOT Close Unlicensed Pot Shops on March 31st

Michigan is facing another legal action over the closing of unlicensed medical marijuana facilities on March 31, 2019. For a third time, the Michigan Department of Licensing and Regulatory Affairs has announced that it will hold off on the mass shut down until it receives a court order to do so. The shut down has been a long process as the impacted parties sued Michigan twice before. Michigan originally attempted to shut down the unlicensed entities on September 12, 2018. Effected parties brought an action against the state, and the court agreed to stop the shuttering process. The parties were to return to court on December 15, 2018 to continue the proceedings. Michigan then adopted emergency rules that accelerated the closure date to October 31, 2018 before another lawsuit stopped the state from enforcing this deadline.

Michigan Finally Forces Unlicensed Medical Marijuana Facilities to Close on March 31st

Michigan has issued a statement that forces the shutdown of unlicensed medical marijuana facilities by March 31, 2019. The shut down has been a long process as the impacted parties sued Michigan twice over the past six months. Michigan originally attempted to shut down the unlicensed entities on September 12, 2018. Effected parties brought an action against the state, and the court agreed to stop the shuttering process. The parties were to return to court on December 15, 2018 to continue the proceedings. Michigan then adopted emergency rules that accelerated the closure date to October 31, 2018. The emergency rules require temporary marijuana operations to cease operations on October 31st if a municipality has not authorized it to operate pursuant to an adopted local ordinance, or is in the process of adopting a local ordinance. Another series of lawsuits again stopped Michigan from forcing the closure of unlicensed medical marijuana facilities.

Now, marijuana facilities that receive a state operating license must record the beginning marijuana product inventory in the seed-to-sale tracking system, test the product prior to sending to dispensaries, and for untested inventory, dispensaries must obtain a certification from the patient or primary caregiver that the product has not been tested.

Delaware Bill Broadens Access to Medical Marijuana

A newly introduce Delaware bill broadens access to medical marijuana by adults and persons under the age of 18. Senate Bill No. 24 would allow adult and underage patients to access medical marijuana for any medical condition or treatment that a doctor certifies is likely to provide a palliative or therapeutic benefit. The bill also removes the restriction that a person younger than 18 may only access medical marijuana oil if they suffer from a qualifying debilitating or terminal condition that is certified by a doctor who specializes in pediatric care.

An Act To Clarify the Disqualification from Unemployment Benefits of a Person Who Is Terminated from Employment for Being Under the Influence of Marijuana

The Maine Legislature introduced bill LD 1013 which disqualifies an individual from receiving unemployment benefits if such employment was terminated because the individual was under the influence of marijuana while on duty or when reporting to work, as is already the case for alcohol and illegal drugs.

As written, LD1013 makes no exception for medical use marijuana. LD1013 was referred to the Committee on Labor and Housing on February 26 and a public hearing will be held March 11th.

Renee Cartier, J.D.

Iowa Adds Vaporized CBD and Two New Qualifying Conditions to Medical Cannabidiol Program

The Iowa Department of Public Health announced that it has added to new conditions that qualify a patient for the medical cannabidiol program. Persons who suffer from ulcerative colitis and severe, pediatric autism that results in self injury or aggressive behavior may obtain a doctor’s certification of the diagnosis to qualify for medical CBD. The Department also indicated that it will now allow vaporized CBD products, which will become available in summer 2019.

Indiana Legislature Introduces Four (4) Medical Marijuana Bills - See Our Favorite

The Indiana Legislature introduced four (4) bills to implement a medical marijuana program. Our favorite bill is HB 1384 as it is aligned with the majority of states with legalized medical marijuana. The bill allows for the broadest types of medical conditions, marijuana establishments, and allows for a limited transfer of a permit.

Information regarding the four (4) medical marijuana bills is provided below.

  • HB 1377 Medical Cannabis

    • Includes a medical defense for driving while drugged.

    • Qualifying conditions are broad and include general anxiety disorder.

    • Qualifying patients only require a written recommendation rather than a certification.

    • Limits personal medical cannabis cultivation to a 90 day supply.

    • State regulator must adopt implementing rules by July 1, 2020.

    • Permits the state regulator to limit medical cannabis establishments overall or by county.

  • HB 1384 Medical Marijuana

    • Any person with a serious medical condition may receive medical marijuana so long as a doctor believes the benefits outweigh the risks and issues a certification after reviewing the patient’s controlled substance history.

    • Patients must register to cultivate marijuana.

    • The state regulator may adopt emergency rules and permanent rules must be completed by July 1, 2020.

    • Children may qualify.

    • Grower and Processor Fees:

      • $10,000 nonrefundable permit application fee

      • $50,000 refundable permit fee

      • $10,000 refundable renewal fee

    • Dispensary Fees

      • $5,000 nonrefundable permit application fee

      • $20,000 refundable permit fee

      • $5,000 refundable renewal fee

    • Testing Laboratory Fees

      • $2,000 nonrefundable permit application fee

      • $10,000 refundable permit fee

      • $2,000 refundable renewal fee

  • HB 1387 Medical Marijuana

    • Any person with a serious medical condition may receive medical marijuana so long as a doctor believes the benefits outweigh the risks and issues a certification after reviewing the patient’s controlled substance history.

    • Patients may cultivate 6 marijuana plants with only 3 mature at one time.

    • Permits only growers, processors and dispensaries, and are non-transferable.

    • Grower and Processor Fees:

      • $10,000 nonrefundable permit application fee

      • $50,000 refundable permit fee

      • $10,000 refundable renewal fee

    • Dispensary Fees

      • $5,000 nonrefundable permit application fee

      • $20,000 refundable permit fee

      • $5,000 refundable renewal fee

  • HB 287 Medical Marijuana for the Terminally Ill

    • The bill creates a defense to possession of medical marijuana or paraphernelia but does not legalize.

    • Allows persons who are terminally ill or who has a serious untreatable disease to possess less than two ounces of medical marijuana.

    • A doctor must provide a certification and believe that that benefits of medical marijuana outweigh the risks.

    • The bill does not establish a regulatory framework for the growing, processing, or distribution of medical marijuana.


Arkansas Bill Expands Qualifying Conditions for Medical Marijuana to Include Anxiety

The Arkansas House introduced HB1150 which expands the conditions that qualify persons for medical marijuana under the Arkansas Medical Marijuana Amendment. Arkansas voters approved a constitutional amendment to adopt a medical marijuana program in 2016. The list of qualifying conditions has not changed since the program started. HB1550 includes a number of new conditions that would qualify a person for medical marijuana including anxiety, which may significantly increase the Arkansas medical marijuana marketplace.

Wyoming Bill Directs State Agencies to Draft Report on Implementation of Medical Marijuana Program

The Wyoming House introduced HB0258 that would require the state health officer assisted by state agencies to provide a report on implementing a medical marijuana program to the state legislature by September 30, 2019. The bill requires the report to address the qualifying conditions to be eligible for medical marijuana, a timeline for implementation and regulation, and the identification of statutory changes that are needed to implement a medical marijuana program.

Wood County, Wisconsin Authorized Medical Marijuana Referendum Questions on April 2, 2019 Ballot

The Board of Supervisors in Wood County, Wisconsin passed Resolution 19-1-1 to add medical marijuana referendum questions to the April 2, 2019 ballot. The referendum questions are intended to see whether the public is interested in legalizing medical marijuana for individuals older than 21 and whether they believe marijuana should be taxed like alcohol.