Some Medical Marihuana Legal Developments From Around The Country - Oregon /rhode Island /new Mexico /maine - 7 14 10

[Michael Komorn]

SOME MEDICAL MARIHUANA LEGAL DEVELOPMENTS FROM AROUND THE COUNTRY - Oregon /Rhode Island /New Mexico /Maine - 7 14 10

 

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Michael Komorn

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Oregon Likely to Have Dispensaries on Ballot, Reclassifies Marijuana as Schedule II Drug

by Morgan Fox

Last week was a busy one for medical marijuana reform efforts in Oregon.

First, the signature drive to put an initiative on the November ballot that would add medical marijuana dispensaries to the state’s existing law is coming to a close. With more than 74,000 signatures already verified, it is highly likely that this initiative will appear before the voters this year.

In other news, the Oregon Court of Appeals ruled that medical marijuana patients applying for a concealed-carry handgun license could not be denied based on their status as a “drug user.” While legal to use with a doctor’s recommendation in Oregon, marijuana is still considered an illegal drug under federal law. According to the federal Gun Control Act, marijuana use can be justification to prevent a person from carrying a concealed firearm. According to the Court of Appeals, however, state and local law enforcement personnel are required to follow state law, which does not explicitly prevent medical marijuana patients from obtaining the license.

Finally, with another groundbreaking move by a public entity, the Oregon Board of Pharmacy has voted to reschedule marijuana as a Schedule II drug. While this will have little effect on medical marijuana in the state, it carries a symbolic importance in the greater national campaign to remove marijuana from the overly restrictive Schedule I. In February, the Iowa Board of Pharmacy recommended the same change, but Oregon appears to be the first state to actually enact it. Marijuana still remains a Schedule I drug on the federal level.

With all these moves to legitimize marijuana going on, it seems like things are looking up for Oregon patients. Make sure to keep your eye on Oregon in coming months to see if the dispensary initiative qualifies and if voters approve it in November.

 

Rhode Island Protects Doctor Confidentiality, Considers Applicants for Compassion Centers

by Mike Meno

Last week the Rhode Island state legislature approved a critical piece of legislation designed to protect the confidentiality of physicians who recommend medical marijuana to patients. The bill was introduced after the names of 335 physicians had been leaked to the Providence Journal by a department of health staffer, and several doctors whose identities were disclosed testified that they were no longer comfortable recommending medical marijuana to patients, even when it might be the best course of treatment.

Passage of the bill – which is set to become law – marks the fourth time that Rhode Island has passed positive medical marijuana legislation. In fact, tomorrow, the state will take another critical step in expanding its medical marijuana law further when it holds a public hearing for applicants to open the state’s first nonprofit compassion centers, which will provide qualified patients with safe access to their medicine. Rhode Island has approved opening up to three such centers, and the first licenses are expected to be issued in about a month.

 

New Mexico licenses 6 more medical marijuana producers

NM licenses 6 more medical marijuana producers

Associated Press - July 9, 2010 1:25 PM ET

SANTA FE, N.M. (AP) - The New Mexico Department of Health has approved six more medical marijuana producers.

That makes 11 nonprofits licensed by the state to provide the drug. The first producer was approved in March 2009.

Health Secretary Alfredo Vigil says the additional producers will help meet the needs of patients by making medical marijuana more accessible in all regions of the state.

The six new producers are located in Harding, Dona Ana, Lea, Catron, Cibola and Bernalillo counties. There were already producers in Bernalillo, Santa Fe and Cibola counties.

The Health Department says New Mexico has more than 1,900 medical marijuana patients. Nearly half of them are licensed to produce their own supply of marijuana.

Copyright 2010 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

 

Maine Votes 'Yes' on Medical Marijuana Dispensaries

Salem-News.com

Becomes 3rd State to License Medical Marijuana Providers; Vote Seen as Latest Advance Spurred by Obama Policy.

(AUGUSTA, Maine) - In a landmark vote, Maine voters today approved Question 5, making the state the third in the country to license nonprofit organizations to provide medical marijuana to qualified patients and the first ever to do so by a vote of the people.

With 49 percent of the vote tallied, the measure was cruising to an easy win with 60.2 percent voting “yes” and 39.8 percent voting “no.”

Under the measure, the state will license nonprofit organizations to provide medical marijuana to qualified patients and set rules for their operation. While 13 states permit medical use of marijuana, only Rhode Island and New Mexico have similar dispensary provisions, both of which were adopted by the states’ legislatures. Maine’s original medical marijuana law was passed in 1999.

“This is a dramatic step forward, the first time that any state’s voters have authorized the state government to license medical marijuana dispensaries,” said Rob Kampia, executive director of the Marijuana Policy Project in Washington, D.C., which drafted the initiative and provided start-up funding for the campaign. “Coming a decade after passage of Maine’s original marijuana law, this is a huge sign that voters are comfortable with these laws, and also a sign that the recent change of policy from the Obama administration is having a major impact.”

In October, the U.S. Department of Justice issued a formal policy indicating that federal prosecutors should not prosecute medical marijuana activities authorized by state law.

Question 5 also expands the list of medical conditions qualifying for protection under Maine’s law to include several conditions that are included in most other medical marijuana states, including intractable pain, agitation of Alzheimer’s disease, and amyotrophic lateral sclerosis (“Lou Gehrig’s disease”).

Source: MarijuanaPolicy.org, with more than 29,000 members and 100,000 e-mail subscribers nationwide, the Marijuana Policy Project is the largest marijuana policy reform organization in the United States.

 

 

 

 

Michael Komorn

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Website: www.komornlaw.com

Check out my Radio show

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Call in Number 347-205-9718

[+Silverblue]

Hi Michael, thank you for taking such an active role in keeping us informed and helping to protect our rights.

 

Sincerely, Sb