Month: August 2018

Medical Cannabis for Pets Bill Passed by California Senate, Already Passed Assembly

Posted by wnnadmin | Aug 31, 2018 | News |

California’s Assembly and Senate have both approved legislation that would explicitly allow and regulate the medical use of cannabis for pets.

Assembly Bill 2215 was given approval by the full Senate Tuesday in a 37 to 1 vote, roughly three months after the Assembly passed it 60 to 10. Although it has already passed the Assembly it will need to go back for one final vote to concur with Senate changes before it can be sent to Governor Jerry Brown for consideration.

Assembly Bill 2215 would expand “the intent of the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) to control and regulate cannabis and cannabis products for medicinal use on pets.” It would define “cannabis products” to include products intended for medicinal use on a pet, and although it wouldn’t allow a veterinarian to administer medical cannabis, it would “allow a veterinarian to discuss the use of cannabis on an animal for medicinal purposes without being disciplined or denied, revoked or suspended by the Veterinary Medical Board (VMB).”

The measure states that the VMB “would have until July 1, 2019 to promulgate guidelines for veterinarians to follow when discussing the use of cannabis”, and it “Provides that a cannabis product for use on a pet may only be sold to an adult 21 years or age or over by a licensee who has been issued a retailer license, as specified.”

The full text of Assembly Bill 2215 can be found by clicking here.

The post Medical Cannabis for Pets Bill Passed by California Senate, Already Passed Assembly appeared first on TheJointBlog.

Connecticut Adds Eight New Qualifying Medical Cannabis Conditions

Posted by wnnadmin | Aug 30, 2018 | News |

Connecticut officials have added eight new conditions to the list that qualifies an individual to become a legal consumer of medical cannabis.

On Tuesday Connecticut’s Department of Consumer Protection announced an expansion of the state’s medical cannabis program which will significantly increase the number of people eligible to take part in it. The move – which is expected to be made final by the Secretary of State’s office within a week – takes the state’s already expansive list of qualifying conditions and adds eight more (six for those 18+ and two for minors).

The Department added the following conditions for those 18 and older:

Spasticity — continuously contracting muscles — or neuropathic pain associated with fibromyalgia
Severe rheumatoid arthritis
Post herpetic neuralgia — a complication of shingles caused by chickenpox
Hydrocephalus, or water on the brain, with intractable headache
Intractable headache syndromes
Neuropathic facial pain

For those under 18, the following conditions were added:

Muscular dystrophy
Osteogenesis imperfecta

“Now that these regulations have been accepted, more patients with severe medical conditions will have access to medical marijuana as a treatment option,” said Consumer Protection Commissioner Michelle H. Seagull in a recent statement. “I want to thank our Board of Physicians and the committee for their thoughtful consideration of these conditions. I continue to be proud of the careful way that our program has expanded, and its commitment to a true medical model.”

Below is a list of the other conditions that qualify an individual to become a medical cannabis patient:

Cancer
Glaucoma
Positive Status for Human Immunodeficiency Virus or Acquired Immune Deficiency Syndrome
Parkinson’s Disease
Multiple Sclerosis
Damage to the Nervous Tissue of the Spinal Cord with Objective Neurological Indication of Intractable Spasticity
Epilepsy
Cachexia
Wasting Syndrome
Crohn’s Disease
Post-Traumatic Stress Disorder
Sickle Cell Disease
Post Laminectomy Syndrome with Chronic Radiculopathy
Severe Psoriasis and Psoriatic Arthritis
Amyotrophic Lateral Sclerosis
Ulcerative Colitis
Complex Regional Pain Syndrome
Cerebral Palsy
Cystic Fibrosis
Irreversible Spinal Cord Injury with Objective Neurological Indication of Intractable Spasticity
Terminal Illness Requiring End-Of-Life Care
Uncontrolled Intractable Seizure Disorder
Spasticity or Neuropathic Pain Associated with Fibromyalgia
Severe Rheumatoid Arthritis
Post Herpetic Neuralgia
Hydrocephalus with Intractable Headache
Intractable Headache Syndromes
Neuropathic Facial Pain

For Patients Under 18, medical cannabis conditions Include:

Cerebral Palsy
Cystic Fibrosis
Irreversible Spinal Cord Injury with Objective Neurological Indication of Intractable Spasticity
Severe Epilepsy
Terminal Illness Requiring End-Of-Life Care
Uncontrolled Intractable Seizure Disorder
Muscular Dystrophy
Osteogenesis Imperfecta

The post Connecticut Adds Eight New Qualifying Medical Cannabis Conditions appeared first on TheJointBlog.

The Law on CBD-Infused Alcoholic Beverages

Posted by wnnadmin | Aug 30, 2018 | Hemp |

This past year, the country has witnessed widespread interest in the use of cannabis in its nutraceutical (when added to food or drinks) form. Cannabidiol (“CBD”), the non-psychoactive chemical compound found in the cannabis plant, has gained great popularity among alcohol beverage companies. The growing popularity of CBD-infused products combined with their mainstream nature has given alcohol beverage companies the false impression that blending CBD into their products is an easy process. This post bursts the myth by highlighting the regulatory labyrinth into which alcohol beverage manufacturers must venture to enter this growing, popular market.

Alcoholic beverages are regulated by federal and state law. Consequently, beer, wine and spirits producers are generally accustomed to navigating rules, various forms of licensure, and modes of compliance related to their industry. Their familiarity with comprehensive regulations makes alcohol beverage companies well equipped to navigate the intersection between alcohol and cannabis, which is heavily regulated at the state level.

Unlike alcohol, though, many forms of cannabis are strictly federally prohibited. As such, “marijuana” and “tetrahydrocannabinols” (THC) are listed on Schedule I of the Controlled Substances Act (“CSA”). The CSA defines “marijuana” as:

“all parts of the Cannabis sativa L. plant whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin.”

The CSA exempts certain parts of the cannabis plant from the definition of marijuana, including hemp-derived CBD products that are manufactured with hemp grown as part of a Farm Bill-authorized state pilot program. Accordingly, only CBD derived from industrial hemp (“Hemp” or “Hemp-CBD”) is allowed in the formulation of CBD-infused alcoholic beverages.

The U.S. Alcohol and Tobacco and Trade Bureau (“TTB”)’s 2000 Hemp Policy (the “Policy”) dictates how manufacturers may use Hemp-CBD in their alcohol products. The Policy sets forth the requirements for formulas and statements of process producers may use. Although the TTB permits the use of Hemp derivatives in alcohol products, the federal agency strictly prohibits producers from using “depictions, graphics, designs, devices, puffery, statements, slang, representations, etc. implying or referencing the presence of hemp, marijuana, and other controlled substance; or any psychoactive effects.” In other words, producers should refrain from using the term “CBD” in their formula or statement of process as the TTB seems to interpret the term as unlawful under federal law.

In addition to submitting the list of ingredients and the method of manufacture they intend to use, producers must provide the TTB with an analysis conducted by a U.S. lab of the hemp components that will be used in the product. A detailed description of the method employed by the U.S. lab must also be presented to the TTB.

The TTB will approve the formula or statement of process if the finished product does not contain a controlled substance. Once the hemp components have been tested for controlled substances, producers must ensure that detailed records are kept at the manufacturing premises for inspections, which we hear may occur as early as within the first month of production.

Once a producer receives TTB approval, which may take up to two years, the producer must then comply with state rules and regulations. In Oregon, for example, manufacturers must provide proof to the Oregon Liquor Control Commission (“OLCC”) that they have met the TTB formula requirement and meet the OLCC labeling requirements before they can manufacture and sell the infused beverage in the state. Oregon beverage producers who intend to sell their infused product outside of Oregon must also show the OLCC that they comply with the TTB labeling requirements.

As this post underlines, obtaining approval for the manufacture and sale of hemp-CBD infused alcoholic beverages is a complex process, due primarily to the uncertain nature of hemp-CBD laws. Therefore, it is crucial for any company intending to enter this market to consult with an experienced, well-versed law firm (like us!) prior to moving into this trending space.

California Safe Injection Site Legislation Passed by Legislature

Posted by wnnadmin | Aug 29, 2018 | News |

The California Legislature has voted in favor of a bill to allow San Francisco to move forward with a three-year pilot program allowing for the establishment of safe drug injection sites.

, sponsored by Assembly member Susan Talamantes Eggman and co-sponsored by Senator Scott Wiener, passed the Senate last week by a vote of 21 to 16. In June it was given approval by the Assembly 41 go 33, and on Monday the Assembly concurred with changes made in the Senate, This means it will soon be sent to Governor Jerry Brown for final consideration.

According to the bill’s official summary, it “Authorizes the City and County of San Francisco to approve entities to operate an overdose prevention program for adults supervised by healthcare professionals or other trained staff where people who use drugs can safely consume drugs and get access to referrals to addiction treatment.” The measure establishes a sunset date of January 1, 2022.

“Overdose prevention services are proven harm reduction services that are effective at linking people who use drugs to treatment and other services, reducing overdose deaths, preventing transmission of HIV and viral hepatitis, and reducing street-based drug use and syringe disposal”, states the Drug Policy Alliance in a recent press release. “Research has shown that people who access these programs are more likely to enter treatment and more likely to stop using drugs. Support is growing rapidly across the country for these services in the face of dramatic increases in drug overdose deaths.”

Similar legislation has been introduced in Colorado, Maryland, Massachusetts, and New York, and New York, Philadelphia, and Seattle are in the process of opening sites.

The post California Safe Injection Site Legislation Passed by Legislature appeared first on TheJointBlog.

Legislation Allowing Medical Cannabis to Replace Opioids to be Signed Into Law by Illinois Governor

Posted by wnnadmin | Aug 28, 2018 | News |

Legislation to allow those who have been or could be prescribed opioids to join the state’s medical cannabis program will be signed into law today by Governor Bruce Rauner.

Governor Rauner is scheduled to sign Senate Bill 336 today at the Chicago Recovery Alliance. Filed by Senator Don Harmon along with a bipartisan group of 47 other lawmakers, the measure was passed by the Senate in April in a 44 to 6 vote, and in June was passed by the House of Representatives 77 to 38.

The proposed law “includes in the definition of “debilitating medical condition” any other medical condition for which an opioid has been or could be prescribed by a physician based on generally accepted standards of care.” It “Provides that within 30 days after the effective date of the amendatory Act, the Department of Public Health shall adopt emergency rules to expedite approval for individuals who submit an application as an alternative to opioid treatment.”

Senate Bill 336 also makes it so that patients will no longer need to be fingerprinted and undergo a criminal background check when applying to use medical marijuana. In addition, those with a doctor’s recommendation who finish the application process will be granted a provisional registration, allowing them to purchase medical cannabis while the state reviews their request.

The full text of Senate Bill 336 can be found here.

The post Legislation Allowing Medical Cannabis to Replace Opioids to be Signed Into Law by Illinois Governor appeared first on TheJointBlog.