The State of Medical Marijuana ERIKA GEE

Transcription

1 The State of Medical Marijuana ERIKA GEE

2 Issue No. 6: Arkansas Medical Marijuana Amendment of 2016

3 What Issue No. 6 Does: DOES: DOES NOT: Legalize the use of marijuana by qualifying panents Authorize growing marijuana at home Allow the formal designanon of caregivers to assist panents Legalize the recreanonal use of marijuana Authorize dispensaries Authorize 4-8 culnvanon facilines

4 Agencies Overseeing ImplementaNon and RegulaNon Department of Health Medical Marijuana Commission Alcoholic Beverage Control

5 Qualifying CondiNons Cancer Glaucoma HIV/Aids HepaNNs C Amyotrophic Lateral Sclerosis Toure[e s Syndrome Crohn s Disease UlceraNve ColiNs PTSD Severe ArthriNs Fibromyalgia Alzheimer s Disease Cachexia or WasNng Syndrome Peripheral Neuropathy Intractable pain that does not respond to ordinary medicanons, treatment, or surgical measures for more than six months Severe nausea Seizures, including Epilepsy Severe or persistent muscle spasms, including MulNple Sclerosis

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9 Adding Qualifying CondiNons The DOH established a pe??on process for adding addi?onal qualifying condi?ons: 1. Applicants must submit a pe??on, including evidence generally accepted by the medical community that medical cannabis alleviates suffering caused by the proposed qualifying condi?on 2. A public hearing will be held 3. The Director of DOH will make a final decision

10 Registering PaNents Must be over 18 and present an Arkansas driver s license or photo ID Must submit writen cer?fica?on from a physician $50 fee For a minor, a parent or guardian must give writen consent and register as the minor s designated caregiver Registra?on must be renewed annually

11 Residents of Other States Residents of other states may qualify to obtain medical marijuana while visi?ng Arkansas if: 1. The visitor comes from a state that issues medical marijuana pa?ent registra?on cards 2. The visitor presents their card to the dispensary

12 Registering Designated Caregivers Point 1 Iden?fica?on of the applicant s qualifying pa?ent Point 2 Criminal Background Check $50 fee Registra?on must be renewed annually

13 ApplicaNons will be denied if: Point 1 The applicant has had a registra?on revoked in another state Point 2 The physician did not have a physician-pa?ent rela?onship with the pa?ent The cer?fica?on or applica?on is fraudulent or falsified

14 ConfidenNality All informa?on regarding pa?ents and caregivers is Point 1 confiden?al Point 2 Informa?on cannot be released under the Arkansas Freedom of Informa?on Act MMC and ABC may access registra?on informa?on DOH may verify registry status to law enforcement

15 CulNvaNon FaciliNes Issue 6 authorizes 8 cul?va?on facili?es Point 1 Facili?es will serve as the primary source of all medical marijuana products in Arkansas Point 2 MMC will ini?ally license 5 facili?es and reserve the remaining 3 Can be located anywhere in Arkansas, except within 3,000 feet of an exis?ng school, church, or daycare Cul?va?on facili?es cannot par?cipate in retail sales

16 CulNvaNon Facility ApplicaNon The cul?va?on facility applica?on requires: 1. WriTen applica?on with merit-based criteria 2. Arkansas residency 3. Arkansas ownership, criminal, professional, and financial history 4. $1,000,000 proof of assets or surety bond 5. Proof of $500,000 liquid assets 6. $15,000 applica?on fee (half refundable if applicant is not selected 7. $100,000 licensing fee 8. $500,000 performance bond due to MMC within seven days if selected Point 1 Point 2

17 Dispensaries Issue 6 authorizes up to 40 dispensaries MMC will ini?ally license 32 dispensaries Point 1 The remaining 8 will be distributed to address Point 2 demand or diversity goals State is divided into 8 geographical regions 4 dispensaries will be awarded in each region Cannot be located within 1,500 feet of an exis?ng school, church, or daycare Must comply with local zoning

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19 Dispensaries Dispensaries have broad authoriza?on for retail sales to pa?ents Point 1 Point 2 Can sell medical marijuana, non-smoking paraphernalia, related supplies, and educa?onal material May engage in wholesale sales of marijuana to cul?va?on facili?es and other dispensaries May grow up to 50 mature marijuana plants and unlimited addi?onal seedlings

20 Dispensary ApplicaNon Dispensaries will be chosen on merit-based criteria Point 1 Point 2 Each geographical zone will be separately scored and Standards will be similar to the requirements for a cul?va?on facility awarded Requires a $200,000 proof of assets or surety bond Requires $100,000 in liquid assets Applica?on fee of $7,500 (half refundable if applica?on is unsuccessful License fee of $15,000 $100,000 performance bond must be submited to the MMC within seven days, if selected

21 Dispensary Pharmacist Consultant Required under Act 1024 of the 91st General Assembly Point 1 Point 2 Each dispensary must have a designated pharmacist consultant Consultant will develop educa?onal materials, procedures and policies, and conduct staff trainings Consultant will be available for consulta?ons with staff or pa?ents

22 Projected Timeline July 1 Oct. 1 MMC begins accepnng applicanons for dispensaries and culnvanon facilines ApplicaNon for dispensaries and culnvanon facilines closes Around the End of 2017 Spring 2018 MMC awards culnvanon facility permits Medical marijuana becomes available to panents

23 DOH Proposed Rules: Product TesNng Medical Marijuana will be tested for: Point 1 Pes?cides Point 2 Moisture content Concentra?on of THC and CBD Heavy metals Marijuana concentrates and extracts must be tested for solvents unless: Produced through mechanical extrac?on or Used water, animal fat, or vegetable oil as a solvent

24 DOH Proposed Rules: Labeling Labeling must include Point 1 THC and CBD concentra?on Date of harvest Point 2 Name of strain Ac?va?on?me Name of the tes?ng laboratory All required warnings A universal symbol for marijuana Labeling cannot contain misleading statements or labels that are atrac?ve to minors

25 ABC Proposed Rules: Labeling ABC regulates packaging, adver?sing, and marke?ng Point 1 Adver?sing and marke?ng cannot include content that might reasonably be considered to target children Point 2 Packaging cannot be shaped in a way likely to appeal to children, including the shape of: Animals Vehicles People or characters Familiar foods, drinks, or candy

26 ABC Proposed Rules: Labeling Adver?sing cannot: Point 1 Promote transporta?on of marijuana across state lines Display consump?on of marijuana Point 2 Encourage its use as an intoxicant Encourage excessive or rapid consump?on No more than 30% of the audience for a program, publica?on, or website featuring adver?sing can be reasonably expected to be under the age of 18 Cul?va?on facili?es cannot adver?se to the general public

27 Medical Marijuana LimitaNons Act 1024 Dispensaries cannot sell paraphernalia requiring combus?on for Point 1 the medical marijuana to be properly u?lized This act will probably prevent the sale of pre-rolled marijuana Point 2 cigaretes or joints Act 740 Pa?ents cannot smoke marijuana anywhere that smoking tobacco is prohibited, in the presence of a pregnant woman or someone under 14 years old, inside a motorized vehicle, or in a place that is likely to cause a person who is not authorized to use it to become under the influence Pa?ents under 21 cannot smoke marijuana at all

28 Medical Marijuana LimitaNons ABC Rules Cannot apply extracts to commercially available candy, food, or drink Cannot make items that resemble cookies or brownies Point 1 Act 593 Point 2 Employers can establish drug-free workplace policies Employers can take disciplinary ac?on or refuse to hire on the good faith that an employee used marijuana or was under the influence during working hours Employers can prevent a qualifying pa?ent from holding a safety sensi?ve posi?on Act 479 Members of the US military or Arkansas Na?onal Guard cannot become qualifying pa?ents or designated caregivers

29 Unanswered QuesNons The Trump administra?on s inten?ons on Point 1 enforcement of criminal possession Point 2 Implica?ons for banking, insurance, gun possession, and more

30 Erika Gee Partner Wright, Lindsey & Jennings LLP 200 West Capitol Avenue, Suite 2300 Little Rock, AR Main wlj.com

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