MO: Medical Marijuana Proposal Faces Deadline

Robert Celt

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Ashley Markum took her son, Ayden, to the doctor's office last week to outfit him with a special helmet.

Born 14 weeks premature, Ayden, now 3 years old, has both cerebral palsy and intractable epilepsy. The helmet will help protect Ayden, the youngest of the Markum family's five children, when he plays.

Yet while Ayden's parents and doctors have found a way to treat the symptoms of his cerebral palsy, they have struggled to find a treatment for his daily epileptic seizures.

"We tried eight to 10 different pharmaceuticals that really didn't do anything. They actually caused more damage to his body," Markum said, noting one of the drugs damaged Ayden's liver.

The family now believes they have found a remedy, an oil product made from cannabis. After hearing about cannibidiol's reported effects on epileptic seizures, the family traveled to Colorado, where medical marijuana is legal. There they legally purchased the cannabis oil, or CBD oil, and gave it to Ayden.

Markum – who was quick to note the CBD oil product they used does not create a high – said the early results were promising. During their stay in Colorado, Ayden's seizures waned, she said.

"It was amazing," Markum said of her son's reaction to the treatment. "He laughed for the first time. And that was huge. You know, at 2 years old having your child laugh for the first time..."

Whether the oil would produce long-term results is unknown.

Markum said Ayden has not been able to continue the treatment because the family cannot legally bring the oil back from Colorado, nor can they purchase it in Missouri.

Medical marijuana campaign

Their conundrum has led the Markums to become supporters of a campaign seeking to legalize medical marijuana in Missouri.

Organized by a group called New Approach Missouri, the campaign is seeking signatures in support of a proposed ballot initiative, which would ask voters to approve legalizing medical marijuana in Missouri for people suffering from certain chronic or life-threatening diseases like intractable epilepsy, cancer, multiple sclerosis and others.

"In practice what it will do is allow patients to visit their doctor and have a straightforward conversation about medical benefits of cannabis as a therapeutic agent in their medical treatment," said Lee Winters, president of the New Approach Missouri Board of Directors.

Under the New Approach proposal, Missourians with medical conditions that qualify them to use medical marijuana would need to apply for a card.

With the card, they could purchase medicinal products made from cannabis plants at state-approved dispensaries. Under the group's plan, there would be some 200 dispensaries in the state where cardholders could buy medical cannabis products, Winters said.

Under the group's plan, cannabis products would be taxed at 4 percent beyond the normal sales tax. The sales tax would raise $8 million dedicated to veterans programs in Missouri, New Approach says.

Another proposed medical marijuana ballot initiative has been abandoned. Brad Bradshaw, a Springfield attorney, who had planned a run for lieutenant governor but dropped out of the race, was the author of that petition. When he dropped out of the campaign, the push for his initiative petition also stopped.

A third petition submitted by Nicholas Raines, a pro-marijuana advocate from Kansas City, seeks to legalize marijuana "for personal, medical, and commercial purposes." The petition also calls for the release of inmates incarcerated for nonviolent marijuana-related offenses.

May 8 deadline

Springfield residents may have already seen organizers in the city asking people to sign a petition in support of the plan.

New Approach is seeking to collect 250,000 signatures by May 8, Winters said. That is the state's deadline for ballot initiative signatures.

The state law requires 157,000 signatures to get on the ballot. Winters said a percentage of the signatures collected will be thrown out because the state won't be able to verify them, so the group is seeking to overshoot the required number.

As of April 10, New Approach had collected 170,000 signatures, said John Payne, executive director and treasurer of Show Me Cannabis Missouri, who works with New Approach. The group expects to reach their goal of 250,000 signatures by early May.

The group has hired a California company, PCI Consultants Inc., to lead the signature-gathering effort. The company has provided about 200 paid organizers to gather signatures around the state, Winters said. The group also has more than 100 volunteers collecting signatures, he said.

The proposal has opponents among some law enforcement groups.

The Missouri Sheriffs' Association in August said its members voted to oppose any medical marijuana proposals. The Missouri Narcotics Officers Association also opposes the it, said Vice President Jason Grellner.

Grellner said it is possible cannabis could be found to have medicinal benefits, but products should be fully vetted by the Food and Drug Administration before they are made legal. Grellner said he is part of a group called Keeping Missouri Kids Safe, which is planning to oppose New Approach's ballot initiative.

The Missouri Association of Prosecuting Attorneys also opposes the measure, said Board President Kevin Hillman, who is also the Pulaski County prosecuting attorney.

"We believe that marijuana, just like every other medical drug on the market, should be first approved by the FDA prior to its legalization," Hillman said. "We also believe that the medical marijuana initiative is a disguised method to bring about full legalization in Missouri, like has been done in other states."

In debating the merits of medical marijuana – as well as recreational marijuana legalization – politicians and pundits have asked whether marijuana legalization has had an impact on crime. In Denver, where marijuana is legal as it is throughout Colorado, there has been an increase in crime. But the city's police chief says it cannot necessarily be blamed on marijuana, according to the Denver Post.

Some state lawmakers are also skeptical of New Approach's proposal. Rep. Kevin Austin, R-Springfield, said he objects to New Approach's plan to allow some people who qualify for medical marijuana to grow their own plants at home.

"It's going to be nearly impossible for law enforcement to regulate" that type of home-grown marijuana, Austin said.

Austin also said if the state is going to change its marijuana laws that it be done by statute and not through a change to Missouri's Constitution, which is what the ballot initiative would do.

He said changing the law through a constitutional amendment makes it harder to tweak the law in the future if it is found to have flaws.

State lawmakers are proposing their own medical marijuana legislation. Rep Dave Hinson, R-St. Clair, has offered a bill that would legalize marijuana for medical use; however, it would be stricter and smaller in scope than New Approach's proposal.

For instance, Hinson's bill would not allow people authorized to use medical marijuana to grow the plant at home.

His legislation also lists fewer medical conditions that would qualify someone to use medical marijuana. Asked if he supports Hinson's proposed law, Austin said, "Dave's bill is certainly worthy of debate."

Winters said New Approach didn't want to go through the legislature because the group's leaders feared lawmakers would water down their proposal and might not take interest in it, especially in an election year.

"Especially with the more conservative leadership, they don't really want to put their necks out this much on a major issue and spend the political capital to get it passed," Winters said.

CBD in Missouri

This is not the first time Missouri lawmakers have talked about legalizing the use of cannabis.

In 2014, the General Assembly passed a bill, signed by the governor, that allows Missourians suffering from intractable epilepsy to obtain CBD oil.

The law stated that people with intractable epilepsy, or the parents of children with the disease, could apply for a hemp extract registration card. With this card, people could buy the CBD oil from two nonprofits authorized by the state to produce the oil in Missouri.

But for families like the Markums, who have been approved for a hemp extraction card, there has been a catch. Since the law was passed, there has been no CBD oil available in the state.

The two nonprofits authorized to produce CBD oil in Missouri – BeLEAF Corporation and Noah's Arc Foundation – are working to get their product ready for sale and expect to begin selling next month, directors of the companies told the News-Leader.

But over the past two years, there has been no CBD oil available for families like the Markums in Missouri.

BeLEAF and Noah's Arc's directors point to a couple of factors that have slowed production.

One issue was people were slow to sign up for the hemp extract registration cards, said Mitch Meyers, of BeLEAF Corp. Over the past two years, only a handful of doctors around the state have issued cards, Meyers said.

Because few people initially signed up, the companies scaled down their initial plans.

There have been 34 cards issued in the state, according to the Missouri Department of Health and Senior Services, although Meyers said that figure is probably outdated and the true figure is closer to 50 cards.

The state's requirement that the hemp production facilities be nonprofits also slowed their development, said Noah's Arc Director Jason Strotheide. Had they been for-profit companies, they could have sold stakes in the company in order to raise money.

As a nonprofit, Noah's Arc has had to raise much of its money through contributions and has had to be careful not to overbuild.

Because there has not yet been CBD oil available in Missouri, the Markums to travel to Colorado to buy CBD oil.

Bringing it back to Springfield, however, was not an option. At least not a legal one.

Products made from cannabis plants are considered Schedule I narcotics, according to the Drug Enforcement Administration.

That makes it illegal to carry them across state lines, said Payne, the top executive director with Show Me Cannabis Missouri. There are hemp oil products available online, but Strotheide of Noah's Arc cautioned consumers, saying there are many fraudulent products for sale online.

The DEA is considering a change to marijuana's classification as a Schedule 1 drug, which could open the door to more research into its medicinal benefits.

Colorado, Alaska, Oregon, Washington state and Washington, D.C., have legalized adult recreational use, and 23 states and the District of Columbia permit some form of medical use despite the fact that marijuana remains an illegal drug and Schedule 1 controlled substance at the federal level. Last week, the Pennsylvania Legislature approved a measure to legalize medical marijuana that the governor has said he will sign.

Ashley Markum said her main hope is that Missourians will pass New Approach's ballot petition to legalize medical marijuana. She said her family hopes to stay in southwest Missouri but will move to a state like Colorado if needed to obtain CBD oil for Ayden if it does not become available here.

Leaving Missouri

The opening of the two hemp cultivation and production facilities in Missouri could make it possible for the Markums to obtain CBD oil from either BeLEAF Corporation or Noah's Arc Foundation.

However, not everyone who could benefit from medical cannabis will be able to obtain CBD oil from those producers, Winters said.

He noted Missouri's current CBD law makes the product legal only for residents with intractable epilepsy. It does not afford the opportunity to someone like Kate Kobbermann, Winters said.

A Springfield native, Kobbermann, 39, was born with a rare and still undiagnosed bone disease that has prevented her from growing fully and doesn't allow her bones to heal properly.

Because of her bone disease and injuries she's suffered in her life, Kobbermann spends most of her time in a wheelchair, and she suffers from severe chronic pain, she told the News-Leader.

After years of taking opiates to stave off her pain, Kobbermann says she grew tired of their effects. She was concerned about addiction and that the drugs might change her personality.

Recently, she turned to medicinal marijuana as a way to alleviate her pain. She traveled to Colorado, obtained a medical marijuana card and began taking a thick, oily product made from cannabis that she says helps alleviate her pain. She ingests the oil by putting it on a cracker and eating it.

Kobbermann said does not feel a "high" or experience any change to her mental state when she uses the product. It does help with her pain, she said.

Kobbermann said she spoke with her local doctors about using medicinal marijuana and they encouraged her to pursue the method, although it was not available in Missouri.

Earlier this year, Kobbermann, along with her mother, Rose Kobbermann, moved to Rochester, Minnesota, where the Mayo Clinic is located. Kobbermann said she is receiving medical care at the clinic and with the help of doctors there she has applied for Minnesota's recently enacted medical marijuana program.

Kobbermann said she never wanted to leave Springfield but that she needed to in order to find what she felt was the best treatment for herself.

"It's a shame that people do not have access, it's even more of a shame that people would have to leave their families, homes, work, friends, their lives just to find comfort," Kobbermann said.

Rose Kobbermann said she expects many people in the Ozarks to oppose New Approach's plan and will think the consequences results of legalizing medical marijuana will be "horrible." She said she too used to think that way.

"I was in the majority years ago until I had to live with (a daughter in pain)," Rose Kobbermann said.

People who have the following illnesses would be allowed to use medical marijuana under New Approach's proposal:

- Cancer
- AIDS
- Glaucoma
- Migraines unresponsive to other treatment
- Chronic pain
- muscle spasms
- multiple sclerosis
- seizures
- Parkinson's disease
- Tourette's syndrome
- Debilitating psychiatric disorders
- PTSD
- Epilepsy
- Any terminal illness
- Agitation of Alzheimer's disease

Ashley_Markum_and_Ayden.jpg


News Moderator: Robert Celt 420 MAGAZINE ®
Full Article: MO: Medical Marijuana Proposal Faces Deadline
Author: Jon Swedien
Contact: Springfield News-Leader
Photo Credit: Andrew Jansen
Website: Springfield News-Leader
 
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