Petition: Medical Treatment; Requesting An Increase MCAB Membership (Medical Cannabis Advisory Board Responsibilities And Duties)

Jason Barker - Medical Cannabis Patient & Organizer with LECUA Patient’s Coalition Of New Mexico

Albuquerque, NM 87109

LECUAPatientsCoalitionNM@gmail.com

dukecitywellness.blogspot.com

Tuesday, February 28th 2017

New Mexico State Department of Health

Medical Cannabis Advisory Board
Medical Cannabis Program
PO Box 26110
Santa Fe, NM, 87502-6110

Petition: Medical Treatment; Requesting An Increase MCAB Membership (Medical Cannabis Advisory Board Responsibilities And Duties)

Table of Contents

Pg.  1 Cover Page

Pg.  2 - 4 Petition Introduction

Pg.  4 - 6 Petition Purpose and Background

Pg.  6 - 8 Relief Requested In Petition

Pg.  8 References

 

Printing Provided By:

Petition Introduction: Medical Treatment; Requesting An Increase MCAB Membership (Medical Cannabis Advisory Board Responsibilities And Duties)

New Mexico’s medical cannabis history started in 1978, after public hearings the legislature enacted H.B. 329, the nation’s first law recognizing the medical value of cannabis. The New Mexico’s medical cannabis program (MCP)  is the only program in the U.S. that places sole responsibility for regulation on the state’s Department of Health. Doctors must comply with state requirements for patients to be considered for applying to the medical cannabis program.

The Santa Fe New Mexican reported on February 13th (2017) that the New Mexico Medical Cannabis program has grown dramatically from 9,000 patients in 2013 to more than 33,000 today. The Department of Health estimates approximately 500 to 800 new patients join the program weekly. The tremendous growth of the Medical Cannabis Program with new program participants, an increase of 75% during 2016, so that currently means we have almost 45,000 patients benefiting from medical cannabis. The medical cannabis program office is currently processing applications in a 12-14 day range and recommends submitting renewal and new patient applications a minimum of 60 days prior to expiration to allow ample time for processing. Due to the incredible growth in the medical cannabis program participants, there needs to be a clear increase to MCAB Membership for the Department of Health. As the program grows so should the MCAB to better serve the purpose of the LECUA, we are now 10 years into the MCP and there should be members added to the MCAB. Updating the MCAB membership would then also be a reflection of the New Mexicans that the program was created to serve.

In the Lynn and Erin Compassionate Use Act, (2007) the law states; The Secretary of Health shall establish an advisory board consisting of eight practitioners representing the fields of neurology, pain management, medical oncology, psychiatry, infectious disease, family medicine and gynecology. The practitioners shall be nationally board-certified in their area of specialty and knowledgeable about the medical use of cannabis. The members shall be chosen for appointment by the Secretary from a list proposed by the New Mexico Medical Society. A quorum of the advisory board shall consist of three members.

The advisory board shall:
A. review and recommend to the department for approval additional debilitating medical conditions that would benefit from the medical use of cannabis;
B. accept and review petitions to add medical conditions, medical treatments or diseases to the list of debilitating medical conditions that qualify for the medical use of cannabis;
C. convene at least twice per year to conduct public hearings and to evaluate petitions, which shall be maintained as confidential personal health information, to add medical conditions, medical treatments or diseases to the list of debilitating medical conditions that qualify for the medical use of cannabis;
D. issue recommendations concerning rules to be promulgated for the issuance of the registry identification cards; and
E. recommend quantities of cannabis that are necessary to constitute an adequate supply for qualified patients and primary caregivers.

First, do no harm.  As an important step in becoming a doctor, medical students must take the Hippocratic Oath. And one of the promises within that oath is “first, do no harm”.  

We have a sound law in the Lynn and Erin Compassionate Use Act, as Section 2 reads; PURPOSE OF ACT.--The purpose of the Lynn and Erin Compassionate Use Act is to allow the beneficial use of medical cannabis in a regulated system for alleviating symptoms caused by debilitating medical conditions and their medical treatments.

“ARTICLE 2B. LYNN AND ERIN COMPASSIONATE USE ACT

N.M. Stat. Ann. § 26-2B-2 (2009)

    § 26-2B-2. Purpose of act

The purpose of the Lynn and Erin Compassionate Use Act [26-2B-1 NMSA 1978] is to allow the beneficial use of medical cannabis in a regulated system for alleviating symptoms caused by debilitating medical conditions and their medical treatments.

HISTORY: Laws 2007, ch. 210, § 2.

EFFECTIVE DATES. --Laws 2007, ch. 210, § 12 makes the act effective July 1, 2007.”

Medical Cannabis Program meetings that were held in 2014 to correct program challenges in 2013 -has largely resulted in many of the current program challenges today.
New Rules and Regulations from that meeting in 2014 include:
1) Change to the Patient Personal Production License Rule
2) Change to the Maximum Concentration of THC in Concentrates
Other Duties and Requirements neglected by the Department of Health for the Medical Cannabis Program in 2015:
3) Not adding more approved health conditions to the program
4) Proper administering of program protections Section 4.
(EXEMPTION FROM CRIMINAL AND CIVIL PENALTIES FOR THE MEDICAL USE OF CANNABIS.)
5) Mishandling of applications during expansion for Licensed Non-Profit Producers in 2015
6) The administrative delays with new patient applications and renewal applications that had gone on for over 9 months in 2016

Each one of these six items are and have been disrupting safe access and adequate supply to medical cannabis and are hindering the program for almost three years now. Dr. William Johnson chair of the New Mexico Medical Cannabis Advisory Board in 2014,  which is made up of doctors.  Told KUNM public radio that many of the changes proposed by the Department of Health would hurt patient access to medical cannabis.

After the Rules and Regulations changes from the medical cannabis meetings in 2014 went into effect in February of 2015, the results for patients and caregivers in the program has  been clearly harmful to patient well being and overall program health.

Petition Purpose and Background

The purpose of this petition Medical Treatment; Requesting An Increase MCAB Membership (Medical Cannabis Advisory Board Responsibilities And Duties); and “to allow the beneficial use of medical cannabis in a regulated system for alleviating symptoms caused by debilitating medical conditions and their medical treatments”.

This petition Medical Treatment; Requesting An Increase MCAB Membership (Medical Cannabis Advisory Board Responsibilities And Duties); “to allow the beneficial use of medical cannabis in a regulated system for alleviating symptoms caused by debilitating medical conditions and their medical treatments”, is being provided to bring the state Department of Health Medical Cannabis Program in compliance with the Lynn and Erin Compassionate Use Act. Updating the MCAB membership would then also be a reflection of the New Mexicans that the program was created to serve.

Social and Biomedical Sciences at the University of New Mexico

A recent poll conducted by the New England Journal of Medicine showed the majority of physicians in the U.S. believe that medical Cannabis is a safe and effective pharmacological agent for certain mental and physical health conditions (Adler & Colbert, 2013). With increasing morbidity rates associated with currently available treatment options, such as prescribed narcotic abuse (particularly among non-Hispanic Whites), there is a legitimate place for Cannabis sativa as an alternative and perhaps primary therapeutic option for patients with a broad range and severity of negative health symptoms. Importantly, a recent study found that U.S. states that have enacted a medical Cannabis provision have experienced a 33% reduction in opiate-based overdose deaths (Bachhuber et al., 2014). Although it cannot be discerned with certainty, these data suggests that some patient populations may be experiencing significantly improved health and lower morbidity rates as a result of the option to use Cannabis in place of more conventional treatment options (e.g., prescribed narcotics). The substitutability of Cannabis sativa for alcohol could also reduce the exorbitant number of deaths and costs associated with alcohol abuse and drunk driving.

State health departments have approved a growing number of health conditions thought to be treatable with Cannabis sativa, based on the limited research available, as described here. These include:

• Acquired Immunodeficiency Syndrome (AIDS)
• Alzheimer's disease
• Anorexia
• Arthritis
• Autism
• Lou Gehrig's disease (ALS)
• Arnold-Chiari malformation and syringomyelia
• Cachexia/wasting syndrome
• Cancer
• Causalgia
• Chronic inflammatory demyelinating polyneuropathy
• Crohn's disease
• CRPS (Complex Regional Pain Syndrome Type I)
• CRPS (Complex Regional Pain Syndrome Type II)
• Dravet syndrome
• Dystonia
• Epilepsy
• Fibromyalgia (severe)
• Fibrous dysplasia
• Glaucoma
• Hepatitis C
• Hospice patients
• Human Immunodeficiency Virus (HIV)
• Huntington's disease
• Hydrocephalus
• Inflammatory bowel disease (IBS)
• Interstitial cystitis
• Lou Gehrig's disease (amyotrophic lateral sclerosis, or ALS)
• Lupus
• Migrains
• Multiple sclerosis
• Muscular dystrophy
• Muscle spasms
• Myasthenia gravis
• Myoclonus
• Nail-patella syndrome
• Neurofibromatosis
• Neuropathies
• Nausea
• Pain
• Parkinson's disease
• Post-concussion syndrome
• PTSD
• Residual limb pain
• Rheumatoid arthritis (RA)
• Seizures
• Sickle cell disease
• Sjogren's syndrome
• Spastic quadriplegia
• Spinal cord damage / disease
• Spinal cord injury
• Spinocerebellar ataxia (SCA)
• Terminal illness
• Tourette syndrome
• Tourette syndrome
• Traumatic brain injury (TBI)
• Undefined (any other) mental and physical conditions

Additional Resources:

Adler, J. N., and Colbert, J. A. Medicinal use of marijuana — polling results. N. Engl. J. Med 2013; 368:e30.

Bachhuber, M. A., Saloner, B., Cunningham, C. O., & Barry, C. L. Medical Cannabis Laws and Opioid Analgesic Overdose Mortality in the United States, 1999-2010 JAMA Intern Med. 2014;174(10):1668-1673.

Rules, Regulations, & Policy Solution For Requesting The Medical Treatment; Requesting An Increase MCAB Membership (Medical Cannabis Advisory Board Responsibilities And Duties)

The approval of this petition: Requesting The Medical Treatment; Requesting An Increase MCAB Membership (Medical Cannabis Advisory Board Responsibilities And Duties), that is being provided to the state Department of Health Medical Cannabis Program for an increase to MCAB Membership for the Department of Health. As the program grows so should the MCAB to better serve the purpose of the LECUA, we are now 10 years into the MCP and there should be members added to the MCAB.

The approval of this petition would bring the Department of Health in compliance with the intent of the law and uphold the spirit of the Lynn and Erin Compassionate Use Act, 2007. Fulfilling both;“ Section 2. PURPOSE OF ACT.--The purpose of the Lynn and Erin Compassionate Use Act is to allow the beneficial use of medical cannabis in a regulated system for alleviating symptoms caused by debilitating medical conditions and their medical treatments” And  Section 6. ADVISORY BOARD CREATED--DUTIES.

An Updated Medical Cannabis Advisory Board

To consist of 13 members to be appointed by the Director and reviewed by this Committee. A quorum of the advisory board shall consist 6 members. As this will strongly complement the eight nationally board-certified practitioners in their area of specialty and knowledgeable about the medical use of cannabis current on the Board. Updating the MCAB membership would then also be a reflection of the New Mexicans that the program was created to serve.

WhereAs: New members of the MCAB are to be: one member who is a representative of the New Mexico Department of Agriculture; at least one person who possesses a qualifying patient's registry identification card, at least one person who is a designated primary caregiver of one or more qualifying patients, at least one person who is an officer, board member, or other responsible party for a licensed medical cannabis dispensing facility, and at least one qualifying patient who is either a Armed Forces Veteran or prior Law Enforcement/Fire/EMT Veteran status.

WhereAs: The MCAB shall meet at least four times per year, at times and places specified by the Director to be feasible for the patient community and public to attend.

WhereAs: The Department shall provide staff support to the committee.

WhereAs:  All agencies of state government are directed to assist the Committee in the performance of its duties and, to the extent permitted by laws relating to confidentiality, to furnish information and advice that the members of the committee consider necessary to perform their duties.

New Language to Add:

“ADVISORY BOARD CREATED--DUTIES
The secretary of health shall establish an advisory board consisting of 13 members. Eight to be practitioners and representing the fields of neurology, pain management, medical oncology, psychiatry, infectious disease, family medicine and gynecology. The practitioners shall be nationally board-certified in their area of specialty and knowledgeable about the medical use of cannabis. The secretary of health shall establish an advisory board consisting of; one member who is a representative of the New Mexico department of agriculture; at least one person who possesses a qualifying patient's registry identification card; at least one person who is a designated primary caregiver of one or more qualifying patients; at least one person who is an officer, board member, or other responsible party for a licensed medical cannabis dispensing facility; and at least one qualifying patient who is either a Armed Forces Veteran or prior Law Enforcement/Fire/EMT Veteran status.

The eight practitioners members shall be chosen for appointment by the secretary from a list proposed by the New Mexico medical society. The five new members shall be chosen for appointment by the secretary thru a department application process.

A quorum of the advisory board shall consist of 5 members.”

A. review and recommend to the department for approval additional debilitating medical conditions that would benefit from the medical use of cannabis;

B. accept and review petitions to add medical conditions, medical treatments or diseases to the list of debilitating medical conditions that qualify for the medical use of cannabis;

C. convene at least 4 (four) times per year, at times and places specified by the Director to be feasible for the patient community and public to attend, providing a 60 day (sixty day) public notice; per year to conduct public hearings and to evaluate petitions, which shall be maintained as confidential personal health information, to add medical conditions, medical treatments or diseases to the list of debilitating medical conditions that qualify for the medical use of cannabis;

D. issue recommendations concerning rules to be promulgated for the issuance of the registry identification cards; and

E. recommend quantities of cannabis that are necessary to constitute an adequate supply for qualified patients and primary caregivers.

F. the Department shall provide staff support to the committee.”

G. all agencies of state government are directed to assist the Committee in the performance of its duties and, to the extent permitted by laws relating to confidentiality, to furnish information and advice that the members of the committee consider necessary to perform their duties.”

New Mexico’s medical cannabis history started in 1978.  After public hearings the legislature enacted H.B. 329, the nation’s first law recognizing the medical value of cannabis...the first law. The Department of Health should additional employ three staff members to provide medical cannabis health education statewide.

References:

Americans For Safe Access Policy Shop

http://www.safeaccessnow.org/policy_shop

Americans For Safe Access Resources for Policy Makers

In This Section

State by State Analysis

This annual report evaluates the array of differing state medical cannabis programs across the country from a perspective often overlooked in policy debates - the patients - and provides policy makers with model legislation and regulations. With dozens of states already seeing legislative and regulatory proposals in 2016, this groundbreaking report will provide state lawmakers with timely tools they need to improve their medical cannabis programs to truly meet the needs of the patients they are meant to serve.

What is the Policy Shop?

Utilizing ASA’s eleven years of experience in implementing medical cannabis laws and our “Legislating Compassion” and “Regulating Compassion” policy tools, ASA staff offer patient advocates and policy makers legislative and regulatory analysis, amendments for legislation and regulations, strategy advice, campaign development and support, and targeted lobbying materials.

Pending State Legislation

Pending State Medical Marijuana Legislation.

Model Legislation

This is ASA's principles of Legislating Compassion put into legislative form. This template for state-level legislation includes criminal and civil protections for patients. It also allows for personal cultivation and a dispensing center program. Our Dream Bill!

AHPA Industry Standards

Founded in 1982, AHPA is the oldest of the non-profit organizations that specializes in service to the herbal industry. It is the voice of the herbal products industry and the recognized leader in representing the botanical trade. With more than 300 members, AHPA's membership represents the finest growers, processors, manufacturers, and marketers of botanical and herbal products.

Guide to Regulating Industry Standards

ASA has created the Patients Focused Certification (PFC) program. PFC is a non-profit, third party certification program for the medical cannabis industry and the nation’s only certification program for the AHPA and AHP standards. PFC is available to all qualifying companies cultivating, manufacturing, or distributing medical cannabis products, as well as to laboratories providing medical cannabis analytic services. PFC offers a comprehensive program that includes employee training, compliance inspections, ongoing monitoring, regulatory updates and an independent complaint process for consumers.

ASA’s Analysis and Public Comment

Over the years ASA has weighed in on state and local legislation and regulations. Look in this section to see if ASA has already responded to legislative proposals in your area.

Reports

ASA conducts and compiles research on issues affecting medical cannabis patients across the country.

ASA Policy Positions

Learn about ASA's policy position on medical cannabis

Lynn & Erin Compassionate Use Act Patient’s Coalition of New Mexico ~ A GrassRoots Movement!

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