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Diane Hoffmann University of Maryland Francis King Carey School of Law April 13, 2012. Should States Establish Dispensaries to distribute Medical Marijuana?. Variation of State Medical Marijuana Laws. California’s Law. Proposition 215 approved November 5, 1996 by 56% of voters. - PowerPoint PPT Presentation
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STATES DISPENSARIES ESTABLISEHD BY STATUTE?
California Allows for establishment of collectives and cooperativesAlaska No
Oregon NoWashington No
Maine Allows for establishment of nonprofit dispensariesColorado Allows for establishment of licensed “marijuana centers”
Hawaii NoNevada No
Montana NoVermont Allows for nonprofit dispensaries
Rhode Island Allows for compassion centers that can dispense marijuana
New Mexico Allows non profit dispensaries by regulation
Michigan No
New Jersey Allows for up to six alternative treatment centers
Washington, DC Allows for as many as eight facilities to dispense marijuana
Arizona Allows for state-licensed nonprofit dispensaries
Delaware Allows for registered nonprofit “compassion centers”
Maryland No
Variation of State Medical Marijuana Laws
Los Angeles In 2007, the City Council adopted a moratorium on new dispensaries.•2009 – 500 to 1,000 dispensaries in city.•In 2010, city limited number of dispensaries to 70 with specific requirements:• prohibited from locating next to a residential area or within 1000 feet of a school, park library or other dispensary
Los AngelesOther provisions of January 2010 regulations:
•Limit hours of operation•Require dispensaries to install web based closed circuit cameras to monitor the premises •Require dispensaries to provide a uniformed security guard patrol for a two block radius surrounding the dispensary during operating hours.
Pack v. City of Long Beach
The court held that the city’s ordinance, which permits dispensaries selected by lottery and regulates them, rather than merely decriminalizing specific acts, is preempted by federal law.
City of Riverside v. Inland Empire Patient’s Health and Wellness Center, Inc
Court ruled that local governments may ban medical marijuana dispensaries and that such a ban was not preempted by state law.
Lake Forest v. Evergreen
Court ruled that local governments may not prohibit medical marijuana dispensaries altogether, but that such dispensaries can only dispense marijuana that is cultivated on site.
Pictre?
Colorado
Between Jan. 2009 and Jan. 2010 Colorado experienced an 871% increase in registrants.
By March 2011, Colorado reported 127,816 registrants.
By License Type Red - Center Type 1(<300 patients) Blue - Infused Product Manufacturer Yellow - Center Type 2(301-500 patients) Green - Center Type 3(501+ patients)
Source: DenverPost.com September 29, 2011
Colorado Dispensaries and Infused Products Manufacturers
Montana
•Billings City Council approved temporary moratorium on new marijuana storefronts.
•Kalispell City Council banned new medical marijuana stores following attack.
Sets Maximum # to be licensed by stateDC permits 5DE would allow 3 for the first year; more
after that if neededME – 1 for each of the 8 public health
districts in the first year; may be amended by state after first year
NJ – 6 to start, two in each of the north, central and southern portions of the state
AZ – 10% of pharmacies (Approx. 125)
State Restrictions on Number
Source: flickr, Roebot
New Jersey sets: Limitations on the right to possess and
use marijuana pursuant to the state law Potential side effects of marijuana use Differing strengths of products
dispensed Safe techniques for use Alternative methods and forms of
consumption or inhalation Signs and symptoms of substance abuse Opportunities to participate in
substance abuse programs Information on tolerance, dependence
and withdrawal
Patient Education Requirements
Source: flickr, Venice Beach House
Establish limits on amount that may be dispensed over a certain time period,
Require that dispensary must be not for profit
Require that dispensary must not be located close to a school (300 – 1,000 ft.)
Require that dispensary have an operations manual
Require that dispensary must develop policies for training in and adherence to state medical confidentiality laws
Additional Requirements
Source: flickr, DJ Crazy Gabe
Require business records to be maintained
Require dispensary keep record of each sale
Create limits on what infused product manufacturers can produce
Require food establishment license if infused products manufacturer
Require good manufacturing practices
Additional State and Local Requirements: Operations
Source: flickr, Caveman Chuck Coker
Pushback by Dept. of Justice Numerous letters to governors in states
that have decriminalized marijuana from regional US Attorneys
Letters state that licensing schemes for the establishment of dispensaries or grow houses are illegal under CSADoJ will consider civil and criminal legal
penalties against those involved in such schemes and those engaging in such activities
MDs in operation may have reduced crime by providing additional on-site security.
Operating MDs may reduce crime by increasing local foot traffic and “eyes on the street.”
To the extent that illicit suppliers try to move in to fill the new void, this could generate other crime.
Greater police presence in areas where MDs are operating
Police leave area after dispensary closes
Source: RAND Report
Relationship to Crime
Source: flickr, adamjackson1984
Questions About Dispensaries:
Is it better to have the state establish licensed dispensaries to distribute medical marijuana or to allow individuals to grow their own?
If the state licenses dispensaries how should it determine the appropriate number and size of dispensaries to allow to operate in the state?
What are important regulations of dispensaries to have in place from a public health/public safety perspective?
What data would you want to draw on in addition to crime statistics in the area where the dispensaries are located to establish whether various regulations are having a good or bad impact on public health/safety?