Local medical marijuana activist/attorney Douglas Hiatt is at it again, this time with a suit filed on behalf of a doctor and a patient seeking an injunction to stop the July 1 implementation of the Cannabis Patient Protection Act (SB 5052). Eric Mevis, a 43-year-old patient suffering from a rare neurodegenerative disorder, and Dr. Gregory Carter, a Spokane-area physician who works with medical cannabis patients, claim that the implementation of SB 5052âwhich will eliminate the medical marijuana market by combining it with the recreational oneâwill cause serious and immediate harm to medical marijuana patients, as well as the doctors who issue them authorizations.
The suit seeks to invalidate the state statute on pot by arguing that pot is federally illegal and that federal law preempts state law. (Such lawsuits are typically unsuccessful.) In this case, the suit centers on the stateâs controversial authorization form, which it argues violates doctor-patient confidentiality and forces the patient to implicate himself in a federal crime. The form requires doctors to disclose the patientâs medical condition, while the patient is required to reveal the information to a recreational cannabis store worker. (Recreational stores are not authorized by the federal government to dispense of schedule 1 drugs, the suit notes.)
âDue to fear caused by these new requirements,â the suit reads, âDr. Carter felt compelled and coerced into censoring his conversations with patients, curtailing severely the information he felt able to provide to patients regarding the risks and benefits of medical marijuana. Dr. Carter has reviewed the mandatory marijuana authorization form and believes that he will violate federal law if he is forced to use the form. He has since told his patients that he could no longer write authorizations for medical marijuana and this is due entirely to the changes made by SB 5052.â
Kristi Weeks, policy counsel for the Washington Department of Health (DOH), has previously assured me that the stateâs physician review board, the Medical Quality Assurance Commission (MQAC), is on board with the form, and that doctors have no cause to worry about their licenses being revoked.
However, Nicole Li, a local attorney who practices medical licensing law, says doctors do have cause to worry about their practice under the new system. While the medical marijuana authorization form that the state is requiring may be okay with MQAC, Li says that doesnât excuse doctors from their legal obligation to warn patients about potential privacy breaches.
âThis is putting providers at risk,â she said. âIs MQAC really just going to decline to prosecute providers when they use this form? They canât give someone blanket protection. The legislature has charged them with upholding the licensure standards, so they canât ever say, âWell, in this case itâs okay to break patient privacy.ââ Li is currently developing a protective waiver for doctors who choose to use the form. However, many simply arenât, she says.
âI tell all my clients, âDonât authorize. If youâre authorizing, youâre putting yourself at risk,ââ she said. âThe only people authorizing still are naturopaths, bless their hearts, they just have no frickinâ clue.â
(The authorization form states: âAn authorization for the medical use of marijuana does not provide protection from arrest unless the patient and designated provider, if any, are entered into the medical marijuana authorization database and hold a recognition card.â)
Asked for comment on the suitâs allegations, Weeks offered only this: âAnyone can file a lawsuit. We continue to implement SB 5052 and HB 2136 as directed by the legislature.â
Stay tuned, July is sure to be an interesting month for medical marijuana.
Ohio Legalizes Medical Marijuana
Last week, Ohio Governor John Kasich signed a bill legalizing medical marijuana, making his state the 25th to do so. While this is historic, it is also largely symbolic: The actual system to deliver cannabis medicine to patients wonât be set up for two years after the bill takes effect, reports The Cannabist.
Also, the law is, like Louisianaâs, a relatively tepid one. It only allows for vaporizing cannabis products, doesnât allow any form of smokable flower, doesnât allow patients to grow their own, and allows employers to continue enforcing drug-free workplace policies regardless of medical marijuana status, according to The Cannabist.
But still, 25! Staid Republican governors signing pot bills! Progress!
UW Students Get Credits for Cannabis
The University of Washingtonâs Cannabis Law and Policy Project held a symposium today titled âMarijuana Policy in Washington State: Moving Forward.â Students who went received a smattering of credits for attending various lectures and panel discussions by notable cannabis figures including Washington Liquor and Cannabis Board director Rick Garza and Goodship Edibles CEO Jody Hall.
In the cosmic irony department, Ian Eisenberg spoke on a panel about diversity in the cannabis industry, worth, of all things, 0.75 âethicsâ credits. Iâll just go ahead and let you make all the obvious jokes yourselves on this one.
Canadian Company to Start Moving Bricks Across BordersâŚLegally
Tilray, the massive Canadian medical marijuana manufacturer famously profiled on VICELANDâs corporate cannabis special, just received the first international export permit for cannabis, reports the CBC. The medical cannabis giant received permission from Health Canada to export cannabis products to Croatia, where medical cannabis was recently legalized.
Someday, when shipping containers full of bud are zipping back and forth across the oceans, this will seem far from momentous, but as of right now, itâs the first time cannabis will legally travel across international borders. Baby steps and all.
(Full disclosure: Tilray is owned by Seattle area venture capital firm Privateer Holdings, which owns Leafly, whose news arm I freelance for.)
Melissa Etheridge Joins the Ranks of Onstage Activists
Melissa Etheridge, a noted proponent of medical cannabis, smoked a joint onstage at a High Times Medical Cannabis Cup in Michigan recently, and apparently itâs kind of a big deal. Itâs great that sheâs using her celebrity for not only LGBTQ rights but also to normalize cannabis for the mainstream (celebrity-branded cannabis wine tincture, anyone?).
But, while weâre on the topic of celebrity medical cannabis activists, I've gotta give Ghostface Killah his due. He has his own line of medical cannabis productsâWu Gooâand heâs been lighting up on stage pretty much forever. Back in 2007, on tour with Rakim, he implored the crowd at the Showbox to produce a blunt. Obviously, someone had one stashed in their shoe, and he proceeded to smoke that sweet, sweet contraband despite securityâs urgent pleas for him to cease. In a parka, no less.
Iâll leave you with this bizarre, wonderful video of Ghostface squashing his out-of-left-field beef with reviled pharmaceutical exec Martin Shkreli while simultaneously hawking his Wu Goo CBD oils, aided by his his mother, his sister, and another unidentified but very angry woman. All three have benefitted from medical cannabis, and all three clearly donât take no shit from nobody, least of all punk-ass Martin Shkreli.