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Arizona: Federal Judge Rules Medical Cannabis Patient’s Firing Violated State Law

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MJLegalThe case is Whitmire v. Walmart Stores Incorporated

ARIZONA: A private employer acted improperly when it fired a state-registered medical cannabis patient for failing a urinalysis drug screen, a federal judge ruled last week.

United States District Judge James A. Teilborg opined that Walmart violated Arizona law by terminating an employee solely for testing positive for the presence of THC metabolites in her urine. The carboxy-THC metabolite is an inert breakdown product of THC which may remain present in urine for weeks or even months following cannabis exposure.

Under Arizona’s voter-initiated medical cannabis access law, an employer may not discriminate in hiring or firing based solely upon a patient’s “positive drug test for marijuana components or metabolites, unless the patient used, possessed or was impaired by marijuana on the premises of the place of employment or during the hours of employment.”

According to the US Department of Justice, urinalysis tests “detect drug use but not drug impairment. A positive test result … does not indicate abuse or addiction, recency, frequency, or amount of use, or impairment.”

In recent years, judges have similarly upheld patient protections in other jurisdictions, including Connecticut, Massachusetts, and Rhode Island.

The case is Whitmire v. Walmart Stores Incorporated.

cFor more information, contact Keith Stroup, NORML Legal Counsel, at (202) 483-5500.

 

Kaine Introduces Bill To Allow Veterans To Access Medical Marijuana Through The VA

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VIRGINIA: U.S. Senator Tim Kaine, a member of the Senate Armed Service Committee, joined Senator Brian Schatz to introduce legislation to allow doctors at the U.S. Department of Veterans Affairs (VA) to discuss and potentially recommend medical marijuana to veterans in states that have established medical marijuana programs. The bill will create a temporary, five-year safe harbor protection for veterans who use medical marijuana and their doctors and direct the VA to research the effects of medical marijuana on veterans in pain as well as the relationship between medical marijuana programs and a potential reduction in opioid abuse among veterans.

“Right now, in the 33 states where it is legal, doctors may recommend medical marijuana to help eligible patients. Our bill ensures that doctors who work for the Department of Veterans Affairs can discuss and potentially recommend medical marijuana to their patients that are veterans in accordance with state law. To do otherwise amounts to unfairly punishing the men and women who served in our military. The bill would also take an important step in further exploring whether medical marijuana can be a viable tool to help veterans in pain and reduce opioid abuse,” Kaine said.

The Veterans Medical Marijuana Safe Harbor Act is supported by the American Academy of Pain Medicine, American Pain Society, Iraq and Afghanistan Veterans of America, Veterans Cannabis Coalition, Veterans Medical Cannabis Association, NORML, National Cannabis Industry Association (NCIA), Americans for Safe Association, Marijuana Policy Project, Drug Policy Alliance, and Multidisciplinary Association for Psychedelic Studies.

“Our members have spoken loud and clear on this issue,” said Tom Porter, Legislative Director for Iraq and Afghanistan Veterans of America.  “Eighty-three percent of respondents to our recently-released member survey approved of cannabis use for medicinal purposes. With such overwhelming support, we need to be removing barriers to care for veterans, not maintaining them. IAVA applauds Sen. Schatz for introducing the Veterans Medical Marijuana Safe Harbor Act to do just that.”

“When nearly one in four veterans report that they are consuming cannabis for therapeutic purposes, The Veterans Medical Marijuana Safe Harbor Act would provide crucial medical and civil protections for the men and women who put their lives on the line to serve this country. It is unconscionable that these brave individuals who stepped up to protect our nation’s freedoms would be treated as criminals when they return home simply for treating their medical ailments with a safe and effective option under state law,” said Justin Strekal, Political Director for NORML. “We applaud and appreciate the leadership by Senator Schatz in putting forward this legislation.”

Study: Majority Of Medical Cannabis Patients Are Seeking Pain Relief

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MICHIGAN: Most US patients registered to access medical cannabis cite chronic pain as their primary qualifying condition, according to data published in the journal Health Affairs.

Investigators from the University of Michigan, Ann Arbor reviewed patient registration data from the majority of states that provide medical cannabis access. (Some states, notably California and Maine, possess voluntary registries and therefore do not compile patient profile data.)

They reported that in 2016, chronic pain was the most common qualifying condition reported by patients (65 percent). They added, “Of all patient-reported qualifying conditions, 85 percent had either substantial or conclusive evidence of therapeutic efficacy,” as defined by the 2017 report published by the National Academy of Sciences, Engineering, and Medicine. The authors of that report concluded that there exists conclusive or substantial evidence for the effectiveness of cannabis in the treatment of chronic pain, nausea and vomiting, and spasticity.

Separate studies indicate that legal cannabis access is typically associated with reduced rates of opioid use and abuse. Studies have also identified a reduction in the prevalence of opioid-related mortality following statewide marijuana access.

Authors concluded: “[O]ur data show that the number of medical cannabis patients has risen dramatically over time as more states have legalized medical cannabis. … [W]e believe not only that it is inappropriate for cannabis to remain a Schedule I substance, but also that state and federal policy makers should begin evaluating evidence-based ways for safely integrating cannabis research and products into the health care system.”

For more information, contact Paul Armentano, NORML Deputy Director, at: paul@norml.org. Full text of the study, “Qualifying conditions of medical cannabis license holders in the United States,” appears in Health Affairs. Additional information is available in NORML’s fact-sheet, “Relationship Between Marijuana and Opioids.”

NBC Miami Report: Potency Of Commercially Marketed CBD Products Questioned

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FLORIDA: Independent testing reveals that many commercially marketed CBD-infused products contain lower percentages of cannabidiol than are advertised on the products’ label, according to an investigation conducted by NBC News in Miami.

Investigators submitted 35 commercially available products for third-party independent lab testing. “Of the 35 samples … tested, 20 of them had less than half of the amounts of CBD advertised on the label,” NBC reported. Some samples, such as a package of infused gummies claiming to contain 1,000 mg of CBD, contained no cannabidiol.

The NBC findings are consistent with those of prior studies — such as those here, here, here, and here — which similarly reported that many CBD-infused products are of variable potency. Another recent study identified the presence of the psychoactive adulterants DXM and 5F-ADM in a line of products marketed by the manufacturer Diamond CBD.

By contrast, recent third-party testing of a sampling of 29 leading CBD-infused products by Remedy Review reported that all but one product tested positive for the presence of CBD at levels similar to what was advertised. However, three of the products did test positive for the presence of either pesticides or fungicides. “These results … indicate the need for independent monitoring and testing,” the company stated in a press release.

For more information, contact Justin Strekal, NORML Political Director, at (202) 483-5500.

WHO Expert Committee Calls For Changes In Cannabis’ International Classification

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SWITZERLAND: Members of the World Health Organization (WHO) Expert Committee on Drug Dependence have proposed amending the classification of cannabis under international law.

According to reporting in the British Medical Journal, the WHO policy reversal “takes account of the growing evidence for the medical applications of the drug,” and marks the first time that the agency has reviewed its stance on cannabis in nearly 60 years.

The recommended changes, outlined in a letter by WHO Director-General Dr. Tedros Adhanom Ghebreyesus, call for cannabis to be removed from Schedule IV of the 1961 Single Convention on Narcotic Drugs. Schedule IV is the most restrictive classification under the treaty. Instead, the committee advises that whole-plant cannabis and THC be designated as Schedule I controlled substances under international law.

“The current [international] scheduling of cannabis is as strict as that for heroin,” the BMJ summarizes. “[T]he Committee believes that keeping cannabis at that level of control would severely restrict access to and research on potential therapies derived from the plant.”

In a separate recommendation, the Committee reiterated its 2017 request that preparations containing “pure cannabidiol … and not more than 0.2 percent of delta-9-tetrahydrocannabinol” no longer be scheduled within the international drug conventions.

The Committee’s policy recommendations now await action from the 53 participating members states of the United Nation’s Commission on Narcotic Drugs. The Commission is anticipated to vote on the issue in March.

In October, NORML delivered over 10,000 public comments to the US Food and Drug Administration urging the agency to recommend that WHO reschedule cannabis internationally.

For more information, contact Erik Altieri, NORML Executive Director, at (202) 483-5500.

Patients Frequently Substitute Cannabis For Anti-Anxiety Drugs

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CANADA: Patients authorized to legally use medical cannabis frequently substitute it in place of benzodiazepines, according to a pair of new studies. Benzodiazepines are a class of drugs primarily used for treating anxiety. According to data compiled by the US Centers for Disease Control, benzodiazepines were attributed to over 11,500 overdose deaths in 2017.

In the first study, Canadian researchers assessed the relationship between cannabis and benzodiazepines in a cohort of 146 patients enrolled in the nation’s medical marijuana access program. They reported that 30 percent of participants discontinued their use of anti-anxiety medications within two months of initiating cannabis therapy and that 45 percent did so by six months.

“Patients initiated on medical cannabis therapy showed significant benzodiazepine discontinuation rates after their first follow-up visit to their medical cannabis prescriber, and continued to show significant discontinuation rates thereafter,” authors concluded.

In the second study, investigators at the University of Michigan surveyed over 1,300 state-registered medical cannabis patients with regard to their use of opioids and benzodiazepines. They reported that 53 percent of respondents acknowledged substituting marijuana for opioids, and 22 percent did so for benzodiazepines.

The studies’ findings are consistent with numerous other papers — such as those here, here, here, and here— documenting patients’ use of cannabis in place of a variety of prescription drugs, particularly opioids and anti-anxiety medications.

For more information, contact Paul Armentano, NORML Deputy Director, at: paul@norml.org. Full text of the study, “Reduction of benzodiazepine use in patients prescribed medical cannabis,” appears in the journal Cannabis and Cannabinoid Research. Full text of the study, “Pills to pot: Observational analyses of cannabis substitution among medical cannabis users with chronic pain,” appears in The Journal of Pain. Additional information is available in NORML’s fact-sheet, “Relationship between marijuana and opioids.”

Survey: Three Of Four Military Veterans Would Consider Using Medical Cannabis

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NEW YORK: Seventy-five percent of military veterans say that they would consider using either “cannabis or cannabinoid products as a treatment option,” according to member survey data compiled by the group Iraq and Afghanistan Veterans of America (IAVA). The organization represents over 400,000 veterans nationwide.

Under existing federal regulations, physicians affiliated with the Department of Veteran Affairs are forbidden from providing medical cannabis recommendations, even in jurisdictions that legally permit private practitioners to do so.

Overall, 83 percent of respondents expressed support for legalizing medical cannabis access, and 68 percent believe that the Department of Veterans Affairs “should allow for research into cannabis as a treatment option.” Proposed federal legislation to direct the agency to conduct clinical trials on the use of cannabis for PTSD and for other conditions is currently pending in the US House and Senate.

Twenty percent of veterans surveyed acknowledged having previously used cannabis for medical purposes. Other studies have estimated that as many as 41 percent of veterans acknowledge having consumed cannabis for therapeutic purposes. Available data documents that cannabis is effective in the treatment of chronic pain and may potentially mitigate symptoms of post-traumatic stress, along with other conditions veterans commonly face.

For more information, contact Justin Strekal, NORML Political Director, at: (202) 483-5500. Additional information is available from the NORML fact-sheet, “Marijuana and Veterans Issues.”

Report: Retail Cannabis Tax Revenues Surpass $1 Billion In 2018

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DISTRICT OF COLUMBIA: State and local excise tax collections on retail adult-use cannabis sales surpassed $1 billion in 2018 — a 57 percent increase over 2017 levels, according to data compiled by the Institute on Taxation and Economic Policy.

Annual excise tax revenues on adult-use cannabis sales ($1.04 billion) rivaled those for all forms of alcohol $(1.16 billion), the group reported. State-specific sales taxes on retail cannabis purchases also yielded an addition $300 million in revenue in 2018.

Authors of the report estimated that cannabis-specific taxes would raise an estimated $11.9 billion annually if the product were legally available at retailers nationwide.

For more information, contact Justin Strekal, NORML Political Director, at: (202) 483-5500. Full text of the report is available online.

Maryland: Baltimore Prosecutor To No Longer Target Marijuana Possession Offenses

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STATES ATTORNEY BALTIMORE

MARYLAND: Officials will no longer prosecute marijuana possession offenses in Baltimore, according to a newly announced public policy by the office of the State’s Attorney for Baltimore City.

Under the plan, which takes immediate effect, the office will also move to expunge the criminal records of an estimated 5,000 citizens previously convicted of cannabis-related offenses. The office’s decision to cease targeting minor marijuana violations is similar to actions recently taken by prosecutors in a number of other major cities, including St. Louis, Missouri; Westchester, New York; Philadelphia, Pennsylvania; and Norfolk, Virginia.

State’s Attorney Marilyn Mosby said that the new policy will provide “a major step forward in making Baltimore city safer, fairer, and more equitable, and even more just.”

The Office will continue to take action against felony cases involving the possession of marijuana with intent to distribute, though prosecutors will refer all first-time offenders to diversion programs.

For more information, contact Justin Strekal, NORML Political Director, at (202) 483-5500.

Study: CBD-Dominant Cannabis Oil Safe And Effective In Autistic Patients

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ISRAEL: The administration of plant-derived cannabis extracts is effective and well-tolerated in patients diagnosed with autism spectrum disorders (ASD), according to data published in the journal Scientific Reports.

Israeli investigators assessed the safety and efficacy of the daily administration of CBD-enriched cannabis oil (consisting of 30 percent CBD and 1.5 percent THC) in a cohort of 188 patients with ASD. Of those patients who continued treatment for six months and provided feedback to researchers, over 90 percent reported some level of symptomatic improvement — including reductions in restlessness, seizures, and rage attacks. Approximately one-third of respondents reported a reduction in their intake of other medications.

Authors concluded: “Cannabis as a treatment for autism spectrum disorders patients appears to be well-tolerated, safe and seemingly effective option to relieve symptoms, mainly: seizures, tics, depression, restlessness and rage attacks. … [W]e believe that double blind placebo-controlled trials are crucial for a better understanding of the cannabis effect on ASD patients.”

The results are consistent with those of a prior Israeli study which concluded that the daily administration of CBD-dominant extracts was associated with “overall improvement in behavior, anxiety, and communication” in autism patients.

For more information, contact Paul Armentano, NORML Deputy Director, at: paul@norml.org. Full text of the study, “Real life experience of medical cannabis treatment in autism: Analysis of safety and efficacy,” appears in Scientific Reports.