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Conservative Utah has become the latest state to legalize the use of medical marijuana – sort of. On March 25, about 50 parents of children with severe epilepsy joined the state's Republican Gov. Gary Herbert in a ceremonial signing of a bill legalizing the use of a marijuana-derived oil known as cannabidiol, or CBD. The oil has become popular among parents with sick children in recent months because it contains a low amount of THC, the main psychoactive ingredient found in marijuana, making it nearly impossible for children to get high.
Another perk for parents is that the children don't smoke the oil, they swallow it. While the legislation, known as "Charlee's Law," named after a 6-year-old girl who died waiting for cannabis oil, allows the use of CBD if a neurologist approves, the bill doesn't allow any other type of marijuana, such as strains that are high in THC, which does have medicinal properties in addition to its psychoactive effects. Under the bill, only oils that contain 0.3 percent or less of THC and at least 15 percent CBD will be legal. Because only CBD oils are allowed under the bill, medical marijuana patients are not allowed to legally smoke or vaporize their medicine, either.
Though the legislation allows higher education institutions to apply for permits to grow industrial hemp for research purposes, the new medical marijuana law requires medical marijuana patients to obtain their medicine from different states because medical marijuana production in Utah is still prohibited. Since Utah neighbors Colorado, a state that legalized medical marijuana use in 2000 and personal use in 2012, lawmakers suggested patients purchase their CBD oil or products made with CBD oil, such as lollipops and other edibles, in Colorado. The Drug Enforcement Administration, however, does not allow federally prohibited substances to be transported across state lines.
Lawmakers in Alabama have passed a similar bill, which is currently awaiting the governor's signature, while lawmakers in Kentucky, Florida, South Carolina and Wisconsin, have expressed interest in passing a medical marijuana law similar to Utah's. But as Sam Kamin, a University of Denver law professor who helped create Colorado's marijuana regulations, reminded Utah lawmakers, Colorado-based marijuana businesses are not allowed to legally sell or ship marijuana products out of the state. "They could sell an ounce to someone who shows up here, then that person could take it home at their own risk," Kamin said.
Since the Utah legislation only legalized the use of specific strains of CBD oils, the predominantly conservative lawmakers may have underestimated the difficulty Utah families will face in obtaining the medicine for their children. Joel Stanley and his brothers grow the most famous CBD oil known as Charlotte's Web in Colorado Springs, Colorado. They named their product after Charlotte Figi, a young girl who suffers seizures as a result of Dravet syndrome and was allegedly the first pediatric patient to try the oil. Stanley said interest in the medicine took off after Figi's story was widely shared, and there is currently a 2,000-person waitlist for the oil.
To reduce wait times for those on the list, Stanley said he and his brothers now require that patients meet Colorado's medical marijuana residency requirements, such as having a current Colorado address and being enrolled in the state's medical marijuana program. However, unlike Kamin, Stanley isn't as concerned about the drug crossing state lines. He said, "From a federal government standpoint, the fact that it crosses state lines doesn't really make it any more illegal. It's just illegal period."
What Stanley may be forgetting, though, is that interstate marijuana sales are illegal according to most state medical marijuana legalization laws, including Colorado's. An August 2013 memo from the Department of Justice explicitly states that the agency was deferring its right to legally sue Colorado for violating the federal Controlled Substances Act as long as marijuana was not sold across state lines. Although some marijuana legalization advocacy groups such as the Marijuana Policy Project have concerns about Utah's medical marijuana bill, which goes into effect on July 1 and expires in 2016, and excludes the majority of potential medical marijuana patients, the MPP ultimately called the legislation a "positive step forward."
Paul Armentano, deputy director of the National Organization for the Reform of Marijuana Laws, on the other hand, said those pushing for CBD oil-only legalization will be disappointed. "The proposed solution to their plight is not a solution at all," he said. "While the passage of these measures may pose symbolic victories for legislators, they fail to provide tangible benefits to the constituents that they are intended to serve." In addition to the clear violations of state law and federal guidelines regarding marijuana legalization, Armentano said other concerns with Utah's law include the legislation's efforts to have the Department of Agriculture grow or cultivate industrial hemp, which he says lawmakers hope will eventually produce high-CBD medicines that contain very little THC. "However, it remains to be seen whether such industrial crops can yield therapeutically effective CBD extracts or whether federal lawmakers would even allow such a state-sponsored research project to move forward," Armentano said. "Whether you can derive CBD oil from hemp, nobody has any idea."
News Moderator - The General @ 420 MAGAZINE ®
Source: Mintpressnews.com
Author: Katie Rucke
Contact: Contact Us
Website: Utah Medical Marijuana Bill More Symbolic Than Helpful
Another perk for parents is that the children don't smoke the oil, they swallow it. While the legislation, known as "Charlee's Law," named after a 6-year-old girl who died waiting for cannabis oil, allows the use of CBD if a neurologist approves, the bill doesn't allow any other type of marijuana, such as strains that are high in THC, which does have medicinal properties in addition to its psychoactive effects. Under the bill, only oils that contain 0.3 percent or less of THC and at least 15 percent CBD will be legal. Because only CBD oils are allowed under the bill, medical marijuana patients are not allowed to legally smoke or vaporize their medicine, either.
Though the legislation allows higher education institutions to apply for permits to grow industrial hemp for research purposes, the new medical marijuana law requires medical marijuana patients to obtain their medicine from different states because medical marijuana production in Utah is still prohibited. Since Utah neighbors Colorado, a state that legalized medical marijuana use in 2000 and personal use in 2012, lawmakers suggested patients purchase their CBD oil or products made with CBD oil, such as lollipops and other edibles, in Colorado. The Drug Enforcement Administration, however, does not allow federally prohibited substances to be transported across state lines.
Lawmakers in Alabama have passed a similar bill, which is currently awaiting the governor's signature, while lawmakers in Kentucky, Florida, South Carolina and Wisconsin, have expressed interest in passing a medical marijuana law similar to Utah's. But as Sam Kamin, a University of Denver law professor who helped create Colorado's marijuana regulations, reminded Utah lawmakers, Colorado-based marijuana businesses are not allowed to legally sell or ship marijuana products out of the state. "They could sell an ounce to someone who shows up here, then that person could take it home at their own risk," Kamin said.
Since the Utah legislation only legalized the use of specific strains of CBD oils, the predominantly conservative lawmakers may have underestimated the difficulty Utah families will face in obtaining the medicine for their children. Joel Stanley and his brothers grow the most famous CBD oil known as Charlotte's Web in Colorado Springs, Colorado. They named their product after Charlotte Figi, a young girl who suffers seizures as a result of Dravet syndrome and was allegedly the first pediatric patient to try the oil. Stanley said interest in the medicine took off after Figi's story was widely shared, and there is currently a 2,000-person waitlist for the oil.
To reduce wait times for those on the list, Stanley said he and his brothers now require that patients meet Colorado's medical marijuana residency requirements, such as having a current Colorado address and being enrolled in the state's medical marijuana program. However, unlike Kamin, Stanley isn't as concerned about the drug crossing state lines. He said, "From a federal government standpoint, the fact that it crosses state lines doesn't really make it any more illegal. It's just illegal period."
What Stanley may be forgetting, though, is that interstate marijuana sales are illegal according to most state medical marijuana legalization laws, including Colorado's. An August 2013 memo from the Department of Justice explicitly states that the agency was deferring its right to legally sue Colorado for violating the federal Controlled Substances Act as long as marijuana was not sold across state lines. Although some marijuana legalization advocacy groups such as the Marijuana Policy Project have concerns about Utah's medical marijuana bill, which goes into effect on July 1 and expires in 2016, and excludes the majority of potential medical marijuana patients, the MPP ultimately called the legislation a "positive step forward."
Paul Armentano, deputy director of the National Organization for the Reform of Marijuana Laws, on the other hand, said those pushing for CBD oil-only legalization will be disappointed. "The proposed solution to their plight is not a solution at all," he said. "While the passage of these measures may pose symbolic victories for legislators, they fail to provide tangible benefits to the constituents that they are intended to serve." In addition to the clear violations of state law and federal guidelines regarding marijuana legalization, Armentano said other concerns with Utah's law include the legislation's efforts to have the Department of Agriculture grow or cultivate industrial hemp, which he says lawmakers hope will eventually produce high-CBD medicines that contain very little THC. "However, it remains to be seen whether such industrial crops can yield therapeutically effective CBD extracts or whether federal lawmakers would even allow such a state-sponsored research project to move forward," Armentano said. "Whether you can derive CBD oil from hemp, nobody has any idea."
News Moderator - The General @ 420 MAGAZINE ®
Source: Mintpressnews.com
Author: Katie Rucke
Contact: Contact Us
Website: Utah Medical Marijuana Bill More Symbolic Than Helpful
