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Texas Officials Suddenly Shut Down Medical Marijuana Dispensary Licensing Process

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The application was expected to draw interest from a number of companies and, once approved, lead to more competitive pricing.

By Alex Samuels and Stacy Fernandez, The Texas Tribune

A week into opening the application process for medical cannabis dispensaries to apply for permits in Texas, the Texas Department of Public Safety — without warning — suspended the process.

“The Department’s Compassionate Use Program is not accepting applications at this time,” it says on the department’s website. The sudden announcement comes nearly a month after the state said it would keep the application process open for a month, from Oct. 1 through Nov. 1.

The move by the state agency came as a shock to advocacy groups who were eager for the state to move forward on medical cannabis expansion months after the Legislature expanded the list of conditions that qualify for the medicine under the Compassionate Use Program to include seizure disorders; amyotrophic lateral sclerosis, or ALS; terminal cancer and autism. Previously, the medicine was only available to people with intractable epilepsy who met certain requirements.

DPS did not explain why the agency stopped accepting applications.

“The department will continue to assess dispensing capacity requirements, along with the need for any additional licenses, as we work through recent legislative changes to the program,” an agency spokesperson wrote in an email.

The month-long application window was expected to attract interest from dozens of companies. A total of 43 applicants applied to receive preliminary licenses as dispensing organizations in 2017, though only three, the minimum mandated by law, were accepted: Surterra Texas, Cansortium Texas and Compassionate Cultivation.

The change is disappointing because many patients were looking forward to price shopping once the additional licenses were approved, said Jax Finkel executive director of Texas NORML, which seeks to decriminalize responsible use of cannabis by adults and patients.

Patients pay thousands of dollars out of pocket since the marijuana oil is not covered by insurance or Medicare, Finkel said. Additional licenses would create a better market for competition, she said.

“I find it concerning that a week into the application process it’s suspended with no notice and no clear communication with doctors, patients or the general public,” Finkel said.

State Rep. Stephanie Klick, R-Fort Worth, who spearheaded the legislation last session to expand the Compassionate Use Act, said Wednesday afternoon that the removal of the licensing application from DPS’s website was likely a “temporary delay.”

In September, the Texas Department of State Health Services held a public hearing to help determine which incurable neurodegenerative disorders would qualify for the medicine under the new bill. Until those conditions are officially determined — a process that could take months, she said — and the state has an accurate patient count, the DPS might have to stop accepting applications for new dispensaries.

“Hang tight for now,” Klick said. “This is likely just a temporary delay until we know which of the incurable neurodegenerative conditions are appropriate to be included on the list.”

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.

Texas State Police Memo Directs Officers To Stop Marijuana Possession Arrests

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Politics

Trump Says Marijuana Makes People “Lose IQ Points” In Secret Recording

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President Trump could be heard saying that using marijuana makes people “lose IQ points” in a secretly recorded conversation released on Saturday.

“In Colorado they have more accidents,” the president said in the clip captured by Lev Parnas, an associate of Trump attorney Rudolph Giuliani, who is at the center of the Ukraine scandal that led to the president’s impeachment. “It does cause an IQ problem.”

Please visit Forbes to read the rest of this piece.

(Marijuana Moment’s editor provides some content to Forbes via a temporary exclusive publishing license arrangement.)

Photo courtesy of YouTube/White House.

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Austin Police Chief Says Marijuana Arrests Will Continue Despite City Council Vote

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Chief Brian Manley said he would continue to enforce marijuana laws the day after the city council unanimously approved stopping arrests and tickets for low-level cases.

By , The Texas Tribune

The day after the Austin City Council approved a resolution to stop arresting or ticketing people for most low-level marijuana possession offenses, the police chief made clear he had no plans to do so.

“[Marijuana] is still illegal, and we will still enforce marijuana law if we come across people smoking in the community,” Chief Brian Manley said during a news conference Friday afternoon.

Though cracking down on those in possession of small amounts of marijuana has never been a priority for the department, he said, police will continue to either issue tickets under the city’s “cite-and-release” policy or arrest people if officers “come across it.”

The difference, according to City Council member and resolution sponsor Greg Casar, is that the council’s move now guarantees those actions will come with no penalty. Tickets will be meaningless pieces of paper and any arrests will result in a quick release with no charges accepted from prosecutors, he told The Texas Tribune after the news conference.

“What has changed since yesterday is that enforcement, almost in virtually all cases, is now handing someone a piece of paper with no penalty or no court date,” Casar said.

The move by the City Council came as a direct result from Texas’ new hemp law which complicated marijuana prosecution across the state. Last summer, when lawmakers legalized hemp, they also changed the definition of marijuana from cannabis to cannabis that contains more than 0.3% THC, the psychoactive ingredient in the plant.

Many prosecutors, including those in Austin’s Travis County, now won’t accept pot cases based on look and smell alone, requiring lab testing to determine THC levels before accepting a case. Such testing is not yet available in public crime labs, though some counties and cities have spent money to obtain test results from private labs.

The council’s resolution prohibited using city funds or personnel to conduct such testing in non-felony marijuana cases. It also directed the elimination, to the furthest extent possible, of arrests or citations for cannabis possession. As Manley also noted, the resolution clarifies it can’t technically decriminalize marijuana, since that is state law.

The resolution gave the city manager until May 1 to report back to the council on how police were trained in this new resolution, and Casar said he hopes Manley reviews his policies before then.

Manley said in the news conference that he would continue to review the resolution, as well as police policies.

But, he assured, “a City Council does not have the authority to tell a police department not to enforce a state law.”

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.

Austin City Council Approves Measure To End Most Marijuana Arrests

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Andrew Yang Wants To Legalize Psychedelic Mushrooms For Military Veterans

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Andrew Yang says he wants to legalize psilocybin mushrooms for military veterans to help them combat mental health conditions such as post-traumatic stress disorder (PTSD).

During a town hall event at an Iowa college on Thursday, the 2020 Democratic presidential candidate was asked whether he would take initiative and allow veterans to access medical marijuana if elected. Yang replied he “will be so excited to be that commander-in-chief” that he would not only end federal cannabis prohibition but would go one step further by legalizing the psychedelic fungus for veterans as well.

“We need to get marijuana off of the Controlled Substances Act and legalize it at the federal level, make it freely available,” he said. “I say this because I’ve talked to hundreds of veterans and other Americans who benefit from marijuana as a pain relief treatment, and it’s much less deadly than the opiates that many, many people are using for the same conditions.”

“I’ve talked to veterans who’ve also benefited from psilocybin mushrooms,” he added. “They said it was the only thing that actually has helped combat their PTSD. I’m for legalizing psilocybin mushrooms for veterans as well. Pretty much if it’s going to help a veteran, we should make it easier, not harder, for them to get access to it.”

Yang’s drug policy reform platform is unique in that respect. While the majority of Democratic candidates support marijuana legalization, he’s pushed unique proposals such as decriminalizing possession of opioids and making psilocybin mushrooms “more freely available” for therapeutic purposes. The candidate also wants to invest federal funds in safe injection facilities where individuals can use prohibited drugs in a medically supervised environment and receive help getting into treatment.

He hasn’t gone so far as embracing the decriminalization of all drugs, as former South Bend, Indiana Mayor Pete Buttigieg has, however.

That said, Yang did signal that he’s open to legalizing and regulating “certain drugs” beyond cannabis, which he argued would disrupt international drug cartels. Rep. Tulsi Gabbard (D-HI) recently said she backs “legalizing and regulating” currently illegal controlled substances to protect public safety and combat the illicit market.

At the Iowa town hall, Yang went on to say that he’s particularly interested in legalizing marijuana, and he again pledged to “pardon everyone who’s in jail for a non-violent marijuana-related offense because they shouldn’t be in jail for something that’s frankly legal in other parts of the country.”

“And I would pardon them all on April 20, 2021, high-five them on the way out of jail and be like, ‘things got a lot better in the last year,'” he said, referencing the unofficial cannabis holiday 4/20.

Tom Steyer Calls For Marijuana Legalization And Opioid Decriminalization

Photo element courtesy of Gage Skidmore.
https://commons.wikimedia.org/wiki/File:Andrew_Yang_(48571382196).jpg

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