Guest Post: Americans support legal marijuana – but states don't agree on how to regulate it

Santiago Guerra, Colorado College

On 4/20, many across the U.S. gather to celebrate their love and appreciation for marijuana.

Polls show that 64 percent of Americans favor legalizing marijuana. But, despite the majority support, there’s no clear consensus on how it should be regulated. As a researcher who has studied the impact of drugs in the U.S. and Mexico, it’s been captivating to watch states adapt as they attempt to regulate this illicit and stigmatized substance.

Many states permit medical marijuana, but there’s a wide variety of approaches. Today, 29 states currently permit medical marijuana and have an established system for regulating it.

Another 17 states have limited medical programs. These programs provide access to products with low levels of tetrahydrocannabinol (THC) and high levels of cannabidiol (CBD), with the goal of eliminating the “high” and maximizing medical benefits. Beyond that, the conditions doctors and patients can treat with cannabis vary from state to state.

Minnesota, New York and West Virginia don’t permit marijuana smoking as part of their medical programs. West Virginia, however, allows patients to vaporize marijuana plant matter, while Minnesota only permits consumption of marijuana in liquid extract form.

Colorado, where I am based, has a much more expansive medical program. Patients can access an array of products, from extracts to strains of raw plant material. While New York caps the amount of THC that a product dose may contain, Colorado and other states have no such limit on their medical marijuana products.



Meanwhile, recreational marijuana use has been approved for adults 21 and over by nine states: Alaska, California, Colorado, Maine, Massachusetts, Nevada, Oregon, Vermont and Washington, as well as the District of Columbia.

However, once again, states haven’t implemented their policies uniformly. Vermont, for example, does not currently have a system for commercial sale and distribution, and only allows individuals to cultivate two plants. Colorado, on the other hand, has developed a robust commercial system, allows individuals to grow up to six plants, and limits the amount of marijuana products an individual can possess.

Most states have struggled with how to navigate the public consumption of cannabis, which remains illegal. As states continue to debate and implement marijuana policies, the American public will begin to recognize what works (and what doesn’t).

While these policy inconsistencies may raise concerns for some constituents, these state experiments are a valuable way to figure out how this substance works and how it affects society.

Santiago Guerra, Assistant Professor of Southwest Studies, Colorado College

This article was originally published on The Conversation. Read the original article.

From the Archives: Morgan Griffith, Robert Hurt vote against Rohrabacher amendment on medicinal pot

Publisher's note: This article was originally published on Examiner.com on May 30, 2014. The Examiner.com publishing platform was discontinued July 1, 2016, and its web site was scheduled to go dark on or about July 10, 2016.  I am republishing this piece in an effort to preserve it and all my other contributions to Examiner.com since April 6, 2010. It is reposted here without most of the internal links that were in the original.

Morgan Griffith, Robert Hurt vote against Rohrabacher amendment on medicinal pot

Early in the morning of May 30, the House of Representatives voted to approve an amendment to the Commerce, Justice, Science, and Related Agencies Appropriations Act, 2015 (HR 4660) that has the effect of prohibiting the federal government from interfering in the production or distribution of medical marijuana in those states that have legalized it.

Introduced by Representative Dana Rohrabacher (R-California), the amendment passed on a vote of 219-189, with 49 Republicans and 170 Democrats voting in favor of it. It was the first time the House had voted on a bill related to this topic since 1998.

Virginia Members vote 'no'

Among the members of the Virginia delegation, Representatives Rob Wittman (R-VA1), J. Randy Forbes (R-VA4), Robert Hurt (R-VA5), Bob Goodlatte (R-VA6), Eric Cantor (R-VA7), Morgan Griffith (R-VA9), and Frank Wolf (R-VA10) voted no, while Representatives Scott Rigell (R-VA2), Bobby Scott (D-VA3), Jim Moran (D-VA8), and Gerald Connolly (D-VA11) voted yes.

Morgan Griffith's “no” vote came as something of a surprise, since he has introduced legislation similar to the Rohrabacher amendment. In April, Griffith submitted HR 4498, the ``Legitimate Use of Medicinal Marijuana Act'' or the ``LUMMA''. The bill would restrict the federal government from applying the Controlled Substances Act (as it relates to cannabis) in states that have legalized the medicinal use of marijuana.

Robert Hurt's “no” vote was not as surprising, although in an exclusive interview with the Charlottesville Libertarian Examiner before the Rohrabacher amendment came to the floor, the Fifth District congressman said he was open to the concept.

Hurt explains his position on cannabis
Speaking specifically about Griffith's bill, Hurt told Examiner.com that “I think that the case that [Griffith] makes is very compelling.”

Hurt explained that “it's not good when the government gets between patients and their physicians,” such as when doctors “diagnose chronic and significant pain, nausea, and other issues that could be ameliorated by this treatment.”

The policy change envisioned by Griffith's bill, he said, is “something that we ought to look at and, as Morgan points out, the Virginia law [on medical marijuana] would allow for this if there was no federal ban.”

(Former Delegate Harvey Morgan, a Republican from Gloucester, sought to clarify and strengthen Virginia's medical marijuana statute several years ago.)

Hurt was careful to note that, although he has “the highest amount of respect” for Congressman Griffith, “it's important to just point out that I am not, and never have been, in favor of legalizing marijuana. I don't think it should be legalized.”

The Chatham Republican added, with regard to legalization efforts in Colorado and Washington state, “that those states that have done that in the West, I fear they're going to be sorry that they've done that [and] gone down that road.”

Hurt said he has not yet taken a position on Griffith's medical pot bill, but he is looking at it carefully.

SUGGESTED LINKS

Disappointment as Va. House subcommittee votes to keep pot possession a crime
Ken Cuccinelli clarifies remarks on marijuana legalization as federalism issue
Justin Bieber, Gary Becker, and the future of marijuana prohibition
GOP lieutenant governor candidate E. W. Jackson 'certainly used marijuana'
Craig Shirley recalls events at the start of World War II in 'December 1941'

Original URL: http://www.examiner.com/article/morgan-griffith-robert-hurt-vote-against-rohrabacher-amendment-on-medicinal-pot

From the Archives: Virginia Congressman Morgan Griffith clarifies aim of his medical marijuana bill

Publisher's note: This article was originally published on Examiner.com on June 11, 2014. The Examiner.com publishing platform was discontinued July 1, 2016, and its web site was scheduled to go dark on or about July 10, 2016.  I am republishing this piece in an effort to preserve it and all my other contributions to Examiner.com since April 6, 2010. It is reposted here without most of the internal links that were in the original.


Virginia Congressman Morgan Griffith clarifies aim of his medical marijuana bill

Although he voted against a budget amendment designed to circumscribe federal interference in the production and distribution of medical marijuana in states that have legalized it, U.S. Representative Morgan Griffith (R-VA9) has introduced his own legislation to address implications for federalism and individual liberty by reforming the nation's drug laws.

Griffith's bill, the “Legitimate Use of Medicinal Marijuana Act” or the “LUMMA,” would allow physicians to prescribe marijuana for various ailments and provide for experimentation and research by universities and pharmaceutical companies. Prescription of cannabis is currently prohibited under federal law and research is severely limited.

Congressman Griffith explained the aims of his bill in an interview with the Charlottesville Libertarian Examiner on the sidelines of the Republican Party of Virginia's state convention in Roanoke on June 7.

Most of the states that have legalized medicinal marijuana “haven't adopted a policy that I would advocate,” Griffith said. “That is a policy that says that you have doctors involved with a prescription, not just a note that says it might be good for you but a prescription so that we can actually see what we're doing.”

Griffith's bill “would also allow for universities and pharmaceutical companies and whomever to start doing experiments with the levels of the THC,” he explained, “because one of the problems you have is, even where people want to use it for medical reasons, whether it be epilepsy or glaucoma and cancer, we don't really know what the right mix of THC and cannabinoid oils are to make the [use of it] most effective for particular patients.”

Currently, he continued, “because it's a Schedule One drug and the DEA won't reduce it to Schedule Two, you really can't get the research that you need to use it for real medicinal purposes.”

Griffith was critical of the way medical marijuana is regulated in those states where it's already legal.

“A lot of the states have a loosey-goosey plan,” he said.

'A serious medication'
“What we need is to have marijuana treated like any other serious drug, like we treat hydrocodone, like we treat barbiturates, like we treat morphine – treat it seriously, [because] it's a serious medication.”

Once the law treats it that way, he said, then the federal government should “step back and let the states decide whether their doctors can make the prescription. Right now they can't because it's against the federal law and you lose your DEA license to prescribe any drug if you do it.”

Now there are “22 states where the federal government looks the other way and doesn't enforce the law [while] we have a federal law that actually makes it a felony for a hospital or a doctor to actually use it in any kind of an efficacious way.”

Under the terms of Griffith's bill, the Drug Enforcement Administration (DEA) would reschedule marijuana from Schedule One to Schedule Two. “Some would argue it ought to be Schedule Three, or maybe even lower, but Schedule Two gets us the research and allows doctors to use it,” he explained.

While Dana Rohrabacher's amendment to a budget bill last month would have ended DEA and Department of Justice interference in states with legal medical marijuana, that approach does not go far enough for Griffith.

'Patchwork set of laws'
“I think a lot of folks feel that voting for these budget amendments is solving the problem,” he said, adding that it “actually makes the problem more complex because then you have a patchwork set of rules across the nation and it's still a violation of federal law.”

As a result, “whenever a new president comes in, they say to the DEA, 'Go get those people, they're in violation of federal law.' I don't want to do that. I want there to be a respect for the law but let's get the law right.”

The right way to reform the law, he explained, is to “have our doctors, our trained medical professionals, prescribing it, and have our universities and our pharmaceutical companies testing it to get the dosage right.”

Griffith's bill, designated HR 4498, currently has two cosponsors: Rep. James Moran (D-VA8) and Rep. Alan Lowenthal (D-CA47). It has been referred to the House Committee on Energy and Commerce, chaired by Michigan Republican Fred Upton, where it awaits action.

SUGGESTED LINKS

Morgan Griffith, Robert Hurt vote against Rohrabacher amendment on medicinal pot
Virginia Republican Congressmen Respond to 2014 State of the Union Message
GOP Senate hopeful Tony DeTora favors marijuana law reform, opposes Mark Warner
Ken Cuccinelli clarifies remarks on marijuana legalization as federalism issue
Justin Bieber, Gary Becker, and the future of marijuana prohibition

Original URL:  http://www.examiner.com/article/virginia-congressman-morgan-griffith-clarifies-aim-of-his-medical-marijuana-bill

Interview with Morgan Griffith about medicinal marijuana

U.S. Rep. Morgan Griffith (R-VA9)

Although he voted against a budget amendment designed to circumscribe federal interference in the production and distribution of medical marijuana in states that have legalized it, U.S. Representative Morgan Griffith (R-VA9) has introduced his own legislation to address implications for federalism and individual liberty by reforming the nation's drug laws.

Griffith's bill, the “Legitimate Use of Medicinal Marijuana Act” or the “LUMMA,” would allow physicians to prescribe marijuana for various ailments and provide for experimentation and research by universities and pharmaceutical companies. Prescription of cannabis is currently prohibited under federal law and research is severely limited.

Congressman Griffith explained the aims of his bill in an interview with me on the sidelines of the Republican Party of Virginia's state convention in Roanoke on June 7.

Most of the states that have legalized medicinal marijuana “haven't adopted a policy that I would advocate,” Griffith said. “That is a policy that says that you have doctors involved with a prescription, not just a note that says it might be good for you but a prescription so that we can actually see what we're doing.”


'Loosey-goosey'
Griffith's bill “would also allow for universities and pharmaceutical companies and whomever to start doing experiments with the levels of the THC,” he explained, “because one of the problems you have is, even where people want to use it for medical reasons, whether it be epilepsy or glaucoma and cancer – which is authorized [by law] in Virginia – we don't really know what the right mix of THC and cannabinoid oils are to make the most effective for particular patients.”

Currently, he continued, “because it's a Schedule One drug and the DEA won't reduce it to Schedule Two, you really can't get the research that you need to use it for real medicinal purposes.”

Griffith was critical of the way medical marijuana is regulated in those states where it's legal.

“A lot of the states have a loosey-goosey plan,” he said.

“What we need is to have marijuana treated like any other serious drug, like we treat hydrocodone, like we treat barbiturates, like we treat morphine – treat it seriously, [because] it's a serious medication.”

Once the law treats it that way, he said, then the federal government should “step back and let the states decide whether their doctors can make the prescription. Right now they can't because it's against the federal law and you lose your DEA license to prescribe any drug if you do it.”

Now there are “22 states where the federal government looks the other way and doesn't enforce the law [while] we have a federal law that actually makes it a felony for a hospital or a doctor to actually use it in any kind of an efficacious way.”


Rescheduling
Under the terms of Griffith's bill, the Drug Enforcement Administration (DEA) would reschedule marijuana from Schedule One to Schedule Two. “Some would argue it ought to be Schedule Three, or maybe even lower but Schedule Two gets us the research and allows doctors to use it,” he explained.

While Dana Rohrabacher's amendment to a budget bill last month would have ended DEA and Department of Justice interference in states with legal medical marijuana, that approach does not go far enough for Griffith.

“I think a lot of folks feel that voting for these budget amendments is solving the problem,” he said, adding that it “actually makes the problem more complex because then you have a patchwork set of rules across the nation and it's still a violation of federal law.”

As a result, “whenever a new president comes in, they say to the DEA, 'Go get those people, they're in violation of federal law.' I don't want to do that. I want there to be a respect for the law but let's get the law right.”

The right way to reform the law, he explained, is to “have our doctors, our trained medical professionals, prescribing it, and have our universities and our pharmaceutical companies testing it to get the dosage right.”

Griffith's bill, designated HR 4498, currently has two cosponsors: Rep. James Moran (D-VA8) and Rep. Alan Lowenthal (D-CA47). It has been referred to the House Committee on Energy and Commerce, chaired by Michigan Republican Fred Upton, where it awaits action.

Reason magazine this month posted two informative articles about legalize marijuana. In "Weed Isn't All That Scary," syndicated columnist Steve Chapman reports on his experience visiting legal pot shops in Colorado. Elizabeth Nolan Brown published "FAQ: All About Legal Pot," to answer readers' burning questions.

(This article appeared in slightly different form on Examiner.com.)