STATE CANNABIS POLICY OVERVIEW FOR ARGENTUM
KARMEN HANSON, M.A. PROGRAM DIRECTOR, BEHAVIORAL HEALTH NOVEMBER 9, 2018
HISTORY OF MEDICAL CANNABIS LAWS
CA: First state to pass with Prop. 215 in 1996
Since then, 30 states, DC, Guam and PR have followed: AK, AR, AZ, CO, CT, DE, FL, HI, IL, LA, ME, MD, MA, MI, MN, MT, NV, NH, NJ, NM, NY, ND, OH, OK, OR, PA, RI, VT, WA, WV (31 states + 3 territories total)
HISTORY OF MEDICAL CANNABIS LAWS
17 became legal through voter/ballot initiative process
15 legal through legislation CT, DE, HI, IL, MD, MN, NH, NJ, NM, NY, OH, PA, RI, VT, WV (and 1 through Dept. of Health regulation)
NCSL MMJ webpage: www.ncsl.org/default.aspx?tabid=19587
MMJ PROGRAMS VARY* Some require or allow for:
Patient Registries: 29+ Grower/Caregiver Registries and Limits: varies Dispensaries: 30~ Specific Conditions: 28+ and all CBD programs Recognize Patients from Other States: 10~ Product Testing: varies * Some approved program details YTBD
HISTORY OF LIMITED MEDICAL LAWS
New “low THC” or “high cannabidiol” (CBD) medical programs: 15 states (11 in 2014 + GA, ID (vetoed), OK, TN, TX, VA, WY, in 2015, IN in 2017 and some since changed to full medical) Vary widely by source of CBD products, % of CBD or THC, research, distribution, conditions, etc. NCSL MMJ webpage: http://www.ncsl.org/default.aspx?tabid=1 9587
MEDICAL AND FEDERAL OPINIONS
Institute of Medicine/National Academy of Medicine: May help some people for specific conditions
Treatment Research Institute: Not advised
Other conditions/groups vary on the issue
Recent comprehensive review by National Academies of Sciences on MJ use – 100 conclusions, needs more research
Marijuana still Schedule I federally: No accepted medical use
AG Sessions rescission of the Cole Memo, allowing US Attorneys to prosecute
Organizations have lists of groups' positions: http://learnaboutsam.com/the-issues/public-health-orga nizations-positions-on-medical-marijuana/
LEGALIZED ADULT USE IN NINE STATES, DC AND CNMI
2012: Colorado (A 64-2012) and Washington (I 5022012) 2014: Alaska – licensing/regulation started late 2016 2014: DC – limited personal growing and sharing allowed (not regulated) 2014: Oregon
2016: California, Maine, Massachusetts, Nevada (all at ballot box) 2018: Vermont* limited personal growing starting July 1, until further notice (by legislature, no commercial regulation yet) 2018: Commonwealth of Northern Mariana Islands (by legislature, NO MEDICAL program)
SIGNIFICANT LEGISLATION*
States/territories with proposals to legalize and regulate adult use: “similar to alcohol” in 2018 session: 24~
AZ*, CT, DE, GA*, HI, IL, KS, KY, LA, MD*, MN, MS, MO, NH NJ, NM, NY*, NC (pos.), PA, RI, VT, WV, WI, N. Mariana Isl. States with bills to create comprehensive medical marijuana programs in 2018: 14~ GA, IN, IA, KS*, KY, MS, MO*, NE*, NC, OK, SC, TN, VA, WI
SIGNIFICANT LEGISLATION* 
2018 Ballot Initiatives Adult-use: MI, ND Medical: MO, OK- APPROVED 6/18, UT
*new and potential for carry-over as of November 5, 2018
LEGISLATIVE ROLES IN REGULATION
Drafting legislation or enabling language Creating rules/regulations or assigning responsibility Establishing fees, tax mechanisms, funding Oversight or assigning program implementation and evaluation Many states allow localities to further regulate industry and control licensure, taxes, locations, etc.
REGULATIONS AND OVERSIGHT
Colorado: Dept. of Revenue, Marijuana Enforcement Division (MED)
Washington: Washington State Liquor and Cannabis Control Board
Oregon: Oregon Liquor Control Commission
Alaska: Alcoholic Beverage Control Board/Marijuana Control Board
DC: limited personal growing and sharing allowed (not regulated or tracked)
California: Bureau of Marijuana Control within the Dept. of Consumer Aff airs
Maine: Dept. of Agriculture, Conservation and Forestry
Massachusetts: Cannabis Control Commission
Nevada: Department of Taxation
Vermont: limited personal growing currently allowed (not regulated YET)
Northern Mariana Islands: Five member Cannabis Commission
Similarities: ALL 21+
Variations: Possession, cultivation, purchasing, facility limits, licensing fees and limits, tracking, reporting, testing, labeling, taxes, local control, etc.
TAX RATES-ADULT USE
Alaska-Wholesale Flower: $50/oz, Trim $15/oz., NO retail or state sales tax Colorado-Wholesale: excise 15%, Retail excise 15%, local sales taxes vary Oregon-Retail: excise 17% Washington-Retail: excise 37%, state sales tax 6.5%, local sales taxes up to 3.9% California: $9.25 per oz. cultivation tax for flowers and $2.75 per oz. for leaves. 15% sales tax on gross receipts, some state tax of 7.25% returned to localities with sales
TAX RATES-ADULT USE
Maine-Flower/mature plants: $335/lb., Trim $94/lb., Seedlings $1.50, Seed: $.30, retail sales tax 10% Massachusetts: 10.75% state excise tax, 6.25% state sales tax, up to 3% local sales tax (roughly 20% total) Nevada: 15% excise tax on wholesale, 10% retail excise tax, sales tax 6.85%, local sales up to 1.25% Vermont and DC-commercial sales not regulated/taxed (YET) Commonwealth of Northern Mariana Islands: TBD
OTHER CONCERNS
Driving while impaired statistics Roadside sobriety test for THC/impairment Drug Recognition Experts Financial Services Impact on crime, social and health issues …. And more
FAQS
How much diversion out of established medical and adult-use programs? How much does legalization affect…. crime, health, kids, adults, taxes, etc..? What’s the data say about…. ? What are the current bills and which seem likely to pass?
OTHER QUESTIONS AND CONCERNS
How are businesses handling drug testing in states where adult/medical use is legal? Nearly all adult use and medical states, except for just a few, allow for businesses to drug test for whatever substances they want and hire/fi re someone as they see fi t. Federal contracts play a large part in this.
Any information on use of cannabis as a pain management alternative to opioids? Growing area of research. Federal limits/requirements complicates it.
Any information regarding effi cacy of cannabis for pain management? A few studies have looked into this. Variable results. 2017 National Academy of Medicine Study of health eff ects and potential therapeutic uses: https://www.nap.edu/download/24625 Reviewed 10,700 study abstracts Ranges of evidence: conclusive, substantial, moderate, limited and none or insuffi cient.
RESOURCES
NCSL Legislative Summit Sessions: Banking, Federalism, New Learning from Old: www.ncsl.org/summit2017 www.ncsl.org/meetings-training/legislative-summit-18.aspx
NCSL MJ Deep Dive: www.ncsl.org/bookstore/state-legislatures-magazine/marijuana-deep-dive .aspx
Medical and Adult-use Programs: www.ncsl.org/research/health/state-medical-marijuana-laws.aspx
Criminal Justice and Civil Issues: www.ncsl.org/research/civil-and-criminal-justice/marijuana-overview.aspx
LegisBriefs: Regulating MJ-Taxes, Banking and Federal Laws www.ncsl.org/research/health/regulating-marijuana-taxes-banking-and-fe deral-laws.aspx Regulating MJ- A Year and a Half In www.ncsl.org/research/health/regulating-marijuana-a-year-and-a-half-in.a spx
National Cannabis Summit 2017 www.nationalcannabissummit.org
CONTACT INFORMATION Karmen Hanson (Health) 303-856-1423 karmen.hanson@ncsl.org