One lawmaker yelled, “This is a bad bill.” Others booed as Klick argued that her bill would legalize medical cannabis in the most narrow way possible. It only allowed the sale of specific medical cannabis products if they contained low levels of tetrahydrocannabinol — the psychoactive element in marijuana known as THC — to Texans with intractable epilepsy who had already tried two Food and Drug Administration-approved drugs and found them to be ineffective. Patients also needed to be permanent Texas residents and get approval from two doctors listed on the Compassionate Use Registry of Texas.
Getting her measure across the finish line in the House amounted to nothing short of a floor fight. Yet the bill, dubbed the Compassionate Use Act, ultimately passed both chambers that year, sending it to Gov. Greg Abbott, who later signed it into law. Three dispensaries have since opened in Texas.
Now, nearly four years later, a broad coalition of lawmakers plus some powerful lobbyists support expanding access to medical cannabis in Texas. But bills to do so face a major obstacle: Lt. Gov. Dan Patrick, the Senate’s presiding officer, who can single-handedly block any legislation from coming up for a vote in the upper chamber.
In a statement to The Texas Tribune, Patrick spokesperson Alejandro Garcia said the lieutenant governor is “strongly opposed to weakening any laws against marijuana [and] remains wary of the various medicinal use proposals that could become a vehicle for expanding access to this drug.”
House Speaker Dennis Bonnen hasn’t publicly expressed a position on expanding the Compassionate Use Act, but he voted against the bill in 2015. According to a person familiar with his thinking, he does not plan to get in the way of the chamber if there is support for amending the program.
Klick, who did not respond to request for comment, is one of a handful of lawmakers this session who has put forth a bill to expand the list of patients eligible for the drug. If passed, her measure would give Texans with multiple sclerosis, epilepsy and spasticity access to medical cannabis.
In addition to Klick’s bill, state Sen. Donna Campbell, R-New Braunfels, filed a bill that would increase the cap on THC levels in medical cannabis legally grown in Texas from 0.5 percent to nearly 1 percent, and allow physicians on the state’s Compassionate Use Registry to decide which patients need it rather than restricting it to those with certain conditions. Two other measures filed by Democrats would drastically expand the list of debilitating medical conditions that qualify for the drug.
It’s not unusual for the more conservative upper chamber to stall marijuana-related bills. A Compassionate Use Act expansion bill in 2017 from state Sen. José Menéndez, D-San Antonio, never received a hearing.
“I don’t understand why politicians are trying to get between the doctor and the patient on something that doesn’t do anything but help the patient,” said Menéndez, who also filed a bill this session that would expand the list of debilitating medical conditions that qualify for medical cannabis to include illnesses like terminal cancer, autism, Crohn’s disease and post-traumatic stress disorder. “Why are we sticking our heads in the sand?
“I can’t give up on all the people who have put their confidence on my working hard on this issue, and I’m not going to.”
But Patrick isn’t the only one skeptical of an expansion measure. Law enforcement groups have also said they fear expanding medical cannabis in the state would lead to the full-blown legalization of marijuana.
“Let’s not sugarcoat it,” said Mitch Slaymaker, deputy executive director for the Texas Municipal Police Association, whose expertise is not in the realm of what constitutes a need for medical marijuana. “Our concern is that expanding medical cannabis is slowly inoculating the public a little more to where it may eventually be fully legalized.”
The association’s main concern, he said, is that if fully decriminalized law enforcement won’t be able to test drivers to determine how affected they are.
Even Campbell, whose Senate Bill 2416 would also establish a review board to approve and oversee research of higher THC cannabis oil for medical purposes, said she agreed with the sentiments put forth by Patrick. “That’s why she introduced a medical cannabis oil bill based on what the Legislature previously passed, with a heavy emphasis on medically driven research,” spokeswoman Alice Claiborne said.
“The senator has great respect for Lt. Gov. Patrick and looks forward to working closely with his office on this subject matter,” Claiborne added.
But it’s unclear if any such measure will even draw a hearing this year, let alone get debated before the full Senate. Matthew Russell, a spokesman for state Sen. Lois Kolkhorst, the Brenham Republican who chairs the Senate Health & Human Services Committee, said the panel was “still reviewing the proposed legislation and gathering information.”
“No decision has been made on either piece of legislation,” Russell said of Menéndez’s and Campbell’s bills.
The House, meanwhile, is handling marijuana-related bills with a different speed and tone. Two years ago, Democratic state Rep. Eddie Lucio III of Brownsville filed a measure that would’ve expanded the program to patients with medical conditions such as terminal cancer and PTSD. More than half of the Texas House — nearly 80 members — signed on as authors, co-authors or joint authors, yet it didn’t make it to the floor in time for a vote. Lucio filed a similar bill this session that would expand the list of debilitating medical conditions that qualify for the oil to include autism and Crohn’s disease, among others.
In 2017, “we moved a comprehensive medicinal marijuana bill further than anyone ever has in the Legislature,” Lucio said. “There was such broad support, and I think it’s grown even more so since then. It’s discussed even more openly now.”
One sign in support of Lucio’s reading of the chamber: Last week, Democratic state Rep. Senfronia Thompson of Houston, who chairs the House Public Health Committee, created a subcommittee on medical marijuana to hear just proposals related to the issue.
“There are so many things we want to do to make [medical marijuana] legally available to help people if it can help them,” Thompson said. “I’m assuming the public wants to have a say on this issue, and I’m trying to do my best to give them a say.”
And although the Senate may refuse to budge on medical expansion bills, Thompson said they would still receive a fair shake in the lower chamber.
“If the Senate wants to take another position, then that’s on them,” Thompson said. “I’m just going to do what I can do from where I stand.”
Abbott, for his part, said in 2015 that Texas lawmakers wouldn’t approve legislation that would legalize marijuana. A spokesperson for Abbott did not respond to request for comment on whether he’d back an expansion of the current medical cannabis system.
Still, the effort to expand the Compassionate Use Act has drawn some politically powerful supporters since the last legislative session. In its most recent platform, the Republican Party of Texas approved a plank asking the Legislature to “improve the 2015 Compassionate Use Act to allow doctors to determine the appropriate use of cannabis to certified patients.”
And earlier this month, a new group lobbying for medical marijuana emerged comprising players with some serious clout in the Capitol — including Allen Blakemore, a top political consultant for Patrick.
Texans for Expanded Access to Medical Marijuana, dubbed TEAMM, said it will work to educate the public and lawmakers about the benefits of expanding medical cannabis to those with illnesses like cancer and traumatic brain injury. The group is backed by Green Peak Innovations, a Michigan-based medical cannabis firm.
According to a poll commissioned by TEAMM, 81 percent of Texas voters support the expansion of medical marijuana and 86 percent believe that doctors and researchers — as opposed to the state — should decide when patients have access to medical marijuana.
“This is one of the last true bipartisan issues out there,” said Brian Sweany, a member of TEAMM’s leadership. “I don’t think it surprises anyone how high support is for this among Democrats, but people who identify as conservative Republicans also overwhelmingly support this.”
More than 30 states allow the use of marijuana for medicinal purposes, according to the National Conference of State Legislatures. Texas is one of nearly a dozen states that only allows for “low THC, high CBD” products for medical situations in limited circumstances.
“We’re going to do our job in the House, and the bill that gets out of the House — whether it’s mine or Klick’s or some compromise of the two — is going to help a lot of people,” Lucio said. “If it gets to the Senate, then it’s up to the lieutenant governor to make that decision, and he has to answer to the Texans who overwhelmingly support this.”
This article originally appeared in The Texas Tribune.
The Texas Tribune is a nonprofit, nonpartisan media organization that informs Texans — and engages with them — about public policy, politics, government and statewide issues.
(Disclosure: Allen Blakemore has been a financial supporter of The Texas Tribune, a nonprofit, nonpartisan news organization that is funded in part by donations from members, foundations and corporate sponsors. Financial supporters play no role in the Tribune’s journalism. Find a complete list of them here.)
Photo element courtesy of Gage Skidmore.
Idaho Medical Marijuana Activists ‘Likely’ To Seek Signature Gathering Relief After Court Ruling
A campaign to legalize medical marijuana in Idaho is preparing to potentially collect signatures again, as they are likely to seek the same relief that a federal court recently granted a separate campaign that found its petitioning efforts crippled by the coronavirus pandemic.
The judge said activists behind Reclaim Idaho, which is pushing an initiative on school funding, can start collecting signatures in-person and electronically for 48 days starting July 9. While the Idaho Cannabis Coalition wasn’t involved in that case, they feel the ruling will apply to them and they’re actively monitoring the situation.
“We are in the process of working with the local medical marijuana campaign to assess whether Judge Winmill’s order provides a route for the medical marijuana initiative to still qualify for the November ballot,” Tamar Todd, legal director for the New Approach PAC, which is lending support to the state cannabis effort, told Marijuana Moment.
“The medical marijuana campaign is similarly situated to the Reclaim Idaho campaign and will likely ask for a similar extension of time and permission to collect signatures electronically from the Secretary of State, and if necessary, from the District Court,” she said. “I don’t know the exact timeline as there are a number of moving pieces but it will be quick.”
On June 23, U.S. District Judge B. Lynn Winmill gave the state two options: either allow electronic signature gathering for 48 days or simply place the Reclaim Idaho initiative on the ballot regardless of the signature requirement. The state chose neither and proceeded to request that the ruling be stayed.
The judge denied the state’s request to stay the order, so the signature gathering for the school funding campaign can proceed on July 9. The state has since filed an emergency motion with the U.S. Court of Appeals for the Ninth Circuit to challenge the lower court’s ruling.
“The district court order severely and unquestionably disrupts Idaho’s election,” the state deputy attorney general wrote in the motion.
The deadline to submit 55,057 signatures to qualify the cannabis initiative passed on May 1, shortly after the group announced it was suspending petitioning activities because of the health crisis and the stay-at-home social distancing measures the state enacted. The cannabis campaign said it has about 45,000 raw signatures on hand at this point, and they’re confident that can fill the gap if they get the deadline extension and electronic petitioning option.
Under the proposed measure, patients with qualifying conditions could receive medical cannabis recommendations from physicians and then possess up to four ounces of marijuana and grow up to six plants.
While advocates say passing medical marijuana in one of the remaining states without such policies on the books would be a victory for patients in its own right, it could also have outsized federal implications. A House-passed bill to protect banks that service state-legal cannabis businesses from being penalized by federal regulators is currently sitting in limbo in a Senate committee chaired by a senator who represents the state.
Creating a medical marijuana program in Idaho, which is one of small handful of states that don’t yet even have limited CBD laws, could put additional pressure on Senate Banking Committee Chairman Mike Crapo (R-ID) to move the financial services legislation in Congress.
Summer Dreams Of Marijuana-Infused Slushies Are Melted By Oklahoma Regulators
Bad news for Oklahoma medical marijuana patients trying to beat the summer heat with a marijuana-infused slushy: State regulators say the icy beverages “are unlikely to meet requirements set forth in Oklahoma statutes and rules” for cannabis products.
As the weather heats up, THC-infused slushy machines have been popping up at more and more Oklahoma dispensaries. Made by companies such as Glazees, which offers flavors such as watermelon and blue raspberry, the THC-infused drinks sell for about $12-$15.
But despite their popularity with some patients, regulators say the slushies fail to comply with a number of state rules, such as a requirement that products be packaged in child-resistant containers. Dispensaries themselves also “are not allowed to alter, package, or label products,” regulators said.
State rules further require that all medical marijuana products be tested in their final form. “In this instance, the finished product is the slushy mixture to be dispensed to patients/caregivers, not the syrup,” regulators said. “If water, ice, or any other substance is added to the product, additional testing is required to ensure the product is safe for consumption and final-product labeling is accurate.”
The OMMA has received multiple inquiries regarding the processing and dispensing of marijuana-infused slushies on-site at medical marijuana dispensaries. Learn more here: https://t.co/3b6XFzYe2f pic.twitter.com/MPq4Z3PWft
— Oklahoma Medical Marijuana Authority (@OMMAOK) July 2, 2020
Regulators didn’t specify how adding water or ice to cannabis products could affect consumer safety, however.
The Oklahoma Medical Marijuana Authority (OMMA) issued the update on Thursday in what it called a “slushy-machine guidance” memo. The office said it had received “multiple inquiries regarding the processing and dispensing of marijuana-infused slushies on-site at medical marijuana dispensaries.”
It’s not the first obstacle encountered by Oklahoma marijuana businesses, which began popping up across the state voters passed a medical marijuana law in 2018.
Earlier this year, lawmakers passed a wide-ranging medical cannabis expansion bill, which would have allowed out-of-state residents to obtain temporary licenses, permitted licensed businesses to deliver marijuana to customers and eliminated jail time for for first-time possession convictions. But Gov. Kevin Stitt (R) then vetoed the bill, and lawmakers didn’t hold a vote to override the action.
Oklahoma activists also filed a proposed marijuana legalization ballot measure in December, but it’s unlikely the campaign can gather enough signatures to put the measure before voters this November. Their signature-gathering was largely delayed due to the coronavirus pandemic, and only last week did the state Supreme Court rule that the campaign could initiate petitioning. Supporters now have about 90 days to gather nearly 178,000 signatures from registered voters.
Photo courtesy of Max Pixel
Virginia Lawmakers Announce Plans To Legalize Marijuana, One Day After Decriminalization Takes Effect
Only a day after a new marijuana decriminalization law took effect in Virginia, top state lawmakers are announcing that they’re already looking ahead to full legalization.
A group of Democratic legislators on Thursday announced plans to introduce a bill to legalize and regulate a commercial cannabis market in the state. While the measure isn’t set to be filed until next year, lawmakers framed legalization as necessary in the fight for social and racial justice.
“Decriminalizing marijuana is an important step in mitigating racial disparities in the criminal justice system, but there is still much work to do,” House Majority Leader Charniele Herring (D) said in a press release. “While marijuana arrests across the nation have decreased, arrests in Virginia have increased.”
Other lawmakers backing the broader legalization push include Sens. Adam Ebbin (D) and Jennifer McClellan (D), as well as Del. Steve Heretick (D).
On Wednesday, the state’s new marijuana decriminalization policy took effect. The law, approved by lawmakers earlier this year and signed by Gov. Ralph Northam (D), removes criminal penalties for low-level marijuana possession. Under the change, having up to an ounce of cannabis is now punishable by a $25 fine and no threat of jail time or a criminal record.
Prior Virginia law punished simple marijuana possession with up to 30 days in jail, a $500 fine and a long-term criminal record.
“This bill will prevent low-level offenders from receiving jail time for simple possession while we move toward legalization with a framework that addresses both public safety and racial equity in an emerging market,” Herring said of the new law, which she sponsored in the House of Delegates and Ebbin led in the Senate.
The decriminalization measure also contains a provision to study future legalization. It requires a bevy of executive agencies, including “the Secretaries of Agriculture and Forestry, Finance, Health and Human Resources, and Public Safety and Homeland Security,” to convene an expert working group to study the matter. That panel’s report is due in November.
A separate legislative agency, the Joint Legislative Audit and Review Committee (JLARC), is also studying the impacts of possible legalization as the result of yet another resolution approved by lawmakers this year.
Lawmakers said on Thursday that the JLARC report, which is due in December, would inform how they shape legalization legislation they expect to file in 2021.
“Elements of the JLARC study include review of best practices from states such as Illinois that have developed a legal framework, testing and labelling recommendations, and measures to reduce illicit sales,” according to a press release from Ebbin’s office. “The study will also examine how best to provide redress and economic opportunity for communities disproportionately impacted by marijuana prohibition, and recommend programs and policies to reinvest in affected communities.”
The Virginia Legislative Black Caucus doesn’t want to wait for the results of the two reviews, however, and is pushing fellow lawmakers to take up cannabis legalization during a special session in August. In addition, the caucus has said its members intend to file bills to implement automatic expungement, ban no-knock warrants, require courts to publish racial date on people charged with low-level offenses and enact other sweeping criminal justice reforms.
Jenn Michelle Pedini, development director for the legalization advocacy group NORML and executive director of the group’s Virginia chapter, said the organization, which has worked with lawmakers on past reforms, looks forward to continuing to bring evidence-based cannabis policy to Virginia.
“For far too long, young people, poor people, and people of color have been disproportionately impacted by cannabis criminalization, and Virginia must take immediate steps to right these past wrongs and undo the damage that prohibition has waged upon hundreds of thousands of Virginians,” Pedini said. “It is time to legalize and regulate the responsible use of cannabis by adults in the Commonwealth.”
Ebbin said that despite the meaningful step of decriminalization, the state still has a long way to go.
“Today Virginia is taking an important first step in reducing the harm caused by the criminalization of cannabis,” he said in a statement. “The prohibition of marijuana has failed and the consequence of this failure has been felt overwhelmingly by Virginians of color, but it has not ended. It will only end when it is replaced by a regulated adult-use market that emphasizes equity—making whole those who have been burdened most by making sure they have a seat at the table and access to the marketplace. We are looking forward to doing the hard work needed to get this right.”
In the meantime, the Senate Democratic Caucus has announced it will pursue a bill during the special session next month to end law enforcement searches of people or vehicles based solely on the smell of marijuana, which critics say is a recipe for discriminatory enforcement. The group also noted that the chamber approved legislation during the regular legislative session that would have expunged certain marijuana charges and convictions, but that those bills didn’t make it to the governor’s desk.