Moving Forward – Medical Cannabis In California Since Legalization

Since the passage, implementation, and constant addition of new provisions to Prop. 64, Patient Advocacy Network has been observing how the roll out of the new laws is affecting safe and affordable access to medical cannabis by California’s most vulnerable patients.

Medical Marijuana Deserts

One of the biggest issues is what is known as medical marijuana deserts.  These are the areas of the state where there are many concentrated local bans and therefore, patients must travel quite a way to access medical cannabis.  Low-income and disabled patients already have a hard time accessing transportation; California’s gas prices don’t help.  Helping patients overcome this obstacle is a large priority for PAN.

Compassionate Care, Collectives & Cooperatives

California SB 829 is a bill to create a Compassionate Care License that would be issued to M-license holders to allow the businesses to provide medical cannabis to qualified patients at no cost.  The businesses would not be subject to cultivation or excise taxes for donating products down the chain that ultimately ends up with the patient as no cost.  

There are patients that simply cannot afford the medicine they need for their condition, whether that is the disabled veteran on a fixed income that needs a couple joints a week, or a working class patient with cancer that needs to eat at least a gram of hash as day for a few months.  There are providers and producers that remain committed to this charitable effort to help people be well who cannot afford the only remedy that works for them. 

Patient Advocates are pleased to see that the California legislature is taking this on sooner than later which is important as there is one huge glaring omission that we can fix before the end of the session.  The Bureau of Cannabis Control (BCC) will end collectives and cooperatives by declaring that on January 9, 2019, that Section 11362.775 of the Health and Safety Code will no longer be in effect. 

Compassionate Care licensing, and the collective and cooperative business model work very well together for the purpose of providing cannabis for free to vulnerable patients.  When done correctly, it is already a tax-exempt project for authentic compassion services. This business model is not for everyone.  Many medical cannabis businesses are glad to move away from the closed loop, not-for-profit structure.  However, there are several entities that would like to operate solely as a Compassionate entity and the state of California should absolutely allow it. 

SB 829’s author Senator Scott Wiener said in a statement that, “Applying taxes to compassionate care will shut down collectives, and I can’t imagine that was the intent of voters.” Well, the BCC is shutting down collectives anyway and Wiener clearly believes that this is not the intent of the voters. It is going to be up to us to remind the bill’s authors and the legislature that collectives and cooperatives must be maintained and can be protected them under this bill.

Take Action

You are urged to contact the bill’s authors and let them know that you support Compassionate Care and retaining the collective and cooperative model for authentic low-income patient providers.  

Senator Scott Wiener

(916) 651-4011

senator.wiener@senate.ca.gov

Assemblymember Jim Wood

(916) 319-2002

assemblymember.wood@assembly.ca.gov

SB 829 will be heard in the Assembly Committee on Revenue and Taxation on June 25, 2018.   You can FAX your comments to (916) 319-2198 for the entire committee.  Make sure your letter states SUPPORT SB 829 WITH AMENDMENTS or OPPOSE SB 829 WITH AMENDMENTS near the top so the committee knows your position.  The suggested amendments would be to include collectives and cooperatives in the bill for those businesses that want to operate this way and that this business model works well with the Compassionate Care license.

If you want to know more about this committee or reach out to them – maybe one is your representative,  you can find them here:  http://arev.assembly.ca.gov/membersstaff

For updates follow Patient Advocacy Network on twitter  @PAN4Compassion

or sign up for email updates at http://www.cannabissaveslives.org

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Dear, Senator Scott Weiner –

I write you as a medical cannabis patient advocate for over two decades.  My biggest concern with the implementation of the new cannabis business regulations thus far has been the lack of opportunity for truly compassionate providers in the industry.  These medical cannabis providers give away some to all of their products to some of California’s most vulnerable patients, but these compassionate providers can’t afford to participate under the regulations.  These businesses should not be erased.

You were recently quoted as stating that taxing compassionate care will shut down collectives and this was not the intent of the voters.  The Bureau of Cannabis Control announced it will end collectives and cooperatives, declaring that on January 9, 2019, that Section 11362.775 of the Health and Safety Code will no longer be in effect.   The amendment SB 829 needs is to preserve collectives and cooperatives. Compassion Care, and collectives and cooperatives go together.  

A for-profit M and A retail license holder may offer 5 - 10% of its product to indigent patients and have no desire to be a collective or cooperative, but should have the Compassionate Care exemption for the products donated to patients. However, California has a history of authentic collectives and cooperatives that give away ALL medical cannabis to qualified patient members.  

The feedback I’ve received is that most in the industry want not-for-profit collectives and cooperatives to be preserved, especially as an option for entities that give away most to all of their products and want to operate as a not-for-profit.  Some of these groups are working with hospice programs, veterans and other vulnerable patients. The groups that formed in the Bay area by 1993, specifically to give away cannabis and food primarily to AIDS and cancer patients, are what prompted the Compassionate Use Act and the medical marijuana movement as a whole.  Not-for-profit, compassionate work is the foundation of California’s medical cannabis law and history.

I ask you for your consideration in working with your colleagues to preserve collectives and cooperatives as a medical cannabis business license option, especially for operations, vertically integrated or not, that operate as a not-for-profit and/or give away most or all of its product.  I thank you taking on this important issue and for your time and consideration.  

 Sincerely,

Degé Coutee

President, Executive & Program Director

Patient Advocacy Network

(323) 334-5282

P.O. Box 93845, Los Angeles, CA 90093

@PAN4Compassion

www.CannabisSavesLives.org

https://www.facebook.com/xoFreeMaryJaneox

PAN is a charitable 501(c)(3) organization

cc: Assemblymember Jim Wood,  Senator Jeff Stone,  Senator Scott Wilk,  Assemblymember Ken Wilk,   M. David Ruff - Chief Consultant, Assembly Committee on Revenue and Taxation

California’s New Rules & Compassionate Care

Bodhisattva of Compassion

The California Bureau of Cannabis Control reports that it has issued some 6,000 temporary licenses, which is encouraging.  What is discouraging is at last report only 0.78% of the state’s cultivators have received licenses. 

Another encouraging part seen by PAN’s Court Support Program is a change in attitude from judges since the implementation of Prop. 64.  Judges are issuing lighter sentences, usually probation even in the more severe cases, or dismissing some cases altogether.  

However, the most detrimental part of California’s new legalization scheme is the erosion of protection for patients and Compassionate Care.  This upcoming January we will see the demise of the Collective and Cooperative model.  Those providers, that have operated more as social service agencies for patients by providing medical cannabis for free, are struggling to figure out how they will continue to care for patients legally and affordably.

PAN is discouraged to learn that many patients have been forced to the Underground Market because they cannot afford the increased sales taxes or they have lost their collective due to the expensive and over burdensome regulatory scheme that lacks a Compassionate Care component.  

California’s marijuana laws are founded on the Compassionate Use Act that sparked the medical cannabis movement across the country.  Our State’s laws should be the Gold Standard for Compassionate medical cannabis implementation. Please help PAN put Compassion back into California’s cannabis laws by supporting our efforts.  

Seriously ill patients want to take coordinated action in Sacramento to have their concerns heard.  PAN has several actions planning including taking patients to Sacramento to speak with their legislators.  Your contribution guarantees more reasonable regulation and that patients have a voice in policy.  

Your contribution is always tax-deductible and 100% goes toward PAN’s education and advocacy programs.  Please contact us if you have any questions.

You can find our DONATE button here:

Patient Advocacy Network

And here:

Cannabis Patient Voice

If you’d like to add your name to the growing list of patients and caregivers that want to attend a legislative trip to Sacramento, please contact us.

Washington Rules To Protect Patients

Several months ago PAN alerted that the very important Rohrabacher-Blumenauer Amendment was being considered by Congress.  This Amendment has effectively kept the U.S. Department of Justice from interfering in states with medical cannabis laws.  

Congress Creates Concern Over Expiring Provision Protecting Medical Cannabis States From Federal Interference

http://panorg.blogspot.com/2017/12/congress-creates-concern-over-expiring.html

After several deadlines and extensions the amendment finally passed through the House Appropriations Committee. Getting bi-partisan support for the Amendment seems almost impossible last fall. However, as more states enact marijuana laws more Congressional members have constituents for whom this issue is important.  

Likewise, U.S. Representative Dana Rohrabacher’s name being attached to the amendment became contentious and its introduction to the committee by Republican Rep. David Joyce of Ohio became the win for medical cannabis patients.  

Committee Approves Fiscal Year 2019 Commerce, Justice, Science Appropriations Bill

https://appropriations.house.gov/news/documentsingle.aspx?DocumentID=395303

Other small steps are taking place in Washington D.C.  President Trump signed legislation this week giving terminally ill patients the ‘right to try’ experimental drugs that do not have approval from the Food and Drug Administration.   Supporters of the bill say the measure is a lifeline for patients that don’t have other treatment options.  Opponents argue they don’t see how qualified patients will get access to these drugs.  

Congressional members beholden to Big Pharma adon’t like side stepping the FDA.  Big Pharma funds many Congressional campaigns and the relationship between them and the FDA is incestuous and a conflict of interest.  President Trump’s unprecedented move puts pressure on the FDA to look seriously at the experimental treatments and stated he wanted a proposal that was most beneficial for the people and not insurers and drug manufacturers.  

"For countless patients, time is not what they have," the President said at the State of the Union Address in January. "With the right to try, patients with life-threatening illnesses will finally have access to experimental treatments that could improve or even cure their conditions."

President Trump Signs Bill to Allow Terminally-Ill Patients to Try Unproven Drugs

http://time.com/5295636/trump-bill-terminal-patients-unproven-drugs/

The use of the word ‘cure’ is interesting.  Does President Trump know that cannabis kills cancer?

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Support Patient Advocacy Network’s PATH – Patient Advocates on The Hill.  We are actively working to get cannabis De-scheduled!