You may have read about all the action happening around medical marijuana this past weekend.
On Saturday, ACLU of MAINE Public Policy Counsel Alysia Melnick attended the Maine Medical Cannabis Conference at USM, along with many patients that use medical marijuana and talk show host and medical marijuana advocate Montel Williams. This year’s conference was of particular interest for advocates and patients, given Maine voters’ approval last fall to set up dispensaries in the state.
While the State has gone about the business of implementing dispensaries, they’ve made a few changes to the law approved by voters last fall, the most worrisome of which is establishment of a patient registry.
In order to fill a doctor’s recommendation for medical marijuana, patients will need to register with the state and obtain a registration ID card. The changes don’t stop there.
Six other proposed rules discussed Monday at a hearing could have a negative impact on medical marijuana patients.
- The rules allow the Department to revoke a patient’s registration card without an appeals hearing or sufficient due process.
- The new rules impose annual registration fees of $75 to $100 for patients and caregivers without providing for a waiver for those who are not able to pay.
- The new rules lack patient confidentiality protections including purging of the information once a patient ceases to use medical marijuana.
- The new rules require mandatory drug testing for dispensary employees, not required in the actual legislation.
- Both the law passed by the legislature and the proposed rules contain a discrepancy between the number of plants patients are allowed to grow (6) and the amount of marijuana they are allowed to possess (2.5 ounces) creating a Catch-22 for patients who want to abide by the law.
- The law and the rules allow disclosure of confidential patient information to law enforcement without a warrant.
As the state moves forward with implementation, the ACLU of MAINE will keep a close eye on the process and make effort to ensure that patients’ privacy and due process rights are honored.
Montel Williams’ presence at the Conference on Saturday highlights the impact medical marijuana has on a patients’ wellbeing. This excerpt from the
Portland Press Herald article today sums it up nicely:
"Williams told the audience how he has been dealing with chronic, severe pain in his feet for 11 years because of multiple sclerosis. Prescription pain medication clouded his mind and made it impossible to work, while marijuana reduces the pain to a bearable level without the side effects, he said. Twice during his speech, Williams stopped because of the pain, wiped tears from his eyes and apologized to the audience because he hadn't smoked any medicine before arriving. "My feet are on fire," he said. Eventually, Cumberland County Sheriff Mark Dion spoke up from the audience. "Montel, why don't you just take your medicine?" Williams sat briefly on the stage, lit a marijuana cigarette and took one short puff. The audience cheered. "I just took the pain from a 7 to a 5.5," he said, before finishing his speech."