Jason Barker - Medical Cannabis Patient & Organizer with LECUA Patient’s Coalition Of New Mexico 
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
Medical Cannabis Program
PO Box 26110
Santa Fe, NM, 87502-6110
Petition: Medical Treatment; Medical Cannabis Registry Identification Cards: Presumptive Eligibility And
Qualified Patients To Reapply Every 3 Years For A Registry Identification Card
Table of Contents
Pg. 1 Cover Page
Pg. 2 - 4 Petition Introduction
Pg. 4 - 6 Petition Purpose and Background
Pg. 6 - 12 Relief Requested In Petition
Pg. 12 References
Pg. 12-14 Appendix A
Pg. 14 Appendix B
Printing Provided By:
Petition Introduction: Requesting the Medical Treatment; Medical Cannabis Registry Identification Cards: Presumptive Eligibility And
Qualified Patients To Reapply Every 3 Years For A Registry Identification Card
Qualified Patients To Reapply Every 3 Years For A Registry Identification Card
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, Presumptive eligibility and then once a patient is accepted into the program, registry and PPL identification cards should be set at a 3 (three) year renewal basis. The Department can then do yearly address verification by mail all while maintaining safe access to medical cannabis.
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”.
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.”
Mosby’s Medical Dictionary states that “medical treatment” means; the management and care of a patient to combat disease or disorder. Medical treatment includes: Using prescription medications, or use of a non-prescription drug at prescription strength; and or treatment of disease by hygienic and pharmacologic remedies, as distinguished from invasive surgical procedures. Treatment may be pharmacologic, using drugs; surgical, involving operative procedures; or supportive, building the patient's strength. It may be specific for the disorder, or symptomatic to relieve symptoms without effecting a cure.(Mosby's Medical Dictionary, 9th edition.)
What is a chronic medical condition?
A chronic disease is one lasting 3 months or more, by the definition of the U.S. National Center for Health Statistics. Chronic diseases generally cannot be prevented by vaccines or cured by medication, nor do they just disappear. Harvard Medical Dictionary defines chronic as: Any condition that lasts a long time or recurs over time; chronic pain as: Pain that persists after an injury has healed or a disease is over; and chronic pain syndrome as : Long-term, severe pain that doesn't spring from an injury or illness, that interferes with daily life, and is often accompanied by other problems, such as depression, irritability, and anxiety.
A chronic disease is one lasting 3 months or more, by the definition of the U.S. National Center for Health Statistics. Chronic diseases generally cannot be prevented by vaccines or cured by medication, nor do they just disappear. Harvard Medical Dictionary defines chronic as: Any condition that lasts a long time or recurs over time; chronic pain as: Pain that persists after an injury has healed or a disease is over; and chronic pain syndrome as : Long-term, severe pain that doesn't spring from an injury or illness, that interferes with daily life, and is often accompanied by other problems, such as depression, irritability, and anxiety.
What is the meaning of debilitating?
Something that's debilitating seriously affects someone or something's strength or ability to carry on with regular activities, like a debilitating illness. Debilitating comes from the Latin word debilis, meaning "weak." That's why you'll often see the adjective used to describe illness, despite the negative reference.
Something that's debilitating seriously affects someone or something's strength or ability to carry on with regular activities, like a debilitating illness. Debilitating comes from the Latin word debilis, meaning "weak." That's why you'll often see the adjective used to describe illness, despite the negative reference.
Petition Purpose and Background
The purpose of this Petition Requesting the Medical Treatment; Medical Cannabis Registry Identification Cards: Presumptive Eligibility And Qualified Patients To Reapply Every 3 Years For A Registry Identification Card.
This petition for the Medical Treatment; Medical Cannabis Registry Identification Cards: Presumptive Eligibility And Qualified Patients To Reapply Every 3 Years For A Registry Identification Card also pertains to; “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 for the state Department of Health Medical Cannabis Program to uphold the intent and spirit of the Lynn and Erin Compassionate Use Act.
Who Should Qualify for Medical Cannabis Use?
According to Americans For Safe Access Policy Studies & Research:
Background: The most fundamental aspect of medical cannabis laws is the relationship between a patient and their physician. It is often only the physician and the patient that possess information about a patient’s health condition. However, many public officials and others who oppose medical cannabis laws often make assumptions about people’s health. The media have even fomented such inappropriate assumptions by naming a category of patients “Young Able Bodied Males,” condemning certain patients by visual assessment alone.
Findings: The health care information discussed between a patient and physician is considered private and protected under federal HIPAA laws. It is typically the purview of state medical boards to assess whether a physician has inappropriately recommended cannabis to someone who should not be qualified. Studies have shown in some medical cannabis states that the majority of patients suffer from chronic pain, an ailment that is not obviously detectable by another person. Nevertheless, police will often harass and arrest patients based on the assumption that someone is faking their illness.
Position: Medical professionals should have an unrestricted ability to recommend cannabis therapeutics and that should not be impacted by law enforcement’s perceptions.
According to Americans For Safe Access Policy Studies & Research:
Background: The most fundamental aspect of medical cannabis laws is the relationship between a patient and their physician. It is often only the physician and the patient that possess information about a patient’s health condition. However, many public officials and others who oppose medical cannabis laws often make assumptions about people’s health. The media have even fomented such inappropriate assumptions by naming a category of patients “Young Able Bodied Males,” condemning certain patients by visual assessment alone.
Findings: The health care information discussed between a patient and physician is considered private and protected under federal HIPAA laws. It is typically the purview of state medical boards to assess whether a physician has inappropriately recommended cannabis to someone who should not be qualified. Studies have shown in some medical cannabis states that the majority of patients suffer from chronic pain, an ailment that is not obviously detectable by another person. Nevertheless, police will often harass and arrest patients based on the assumption that someone is faking their illness.
Position: Medical professionals should have an unrestricted ability to recommend cannabis therapeutics and that should not be impacted by law enforcement’s perceptions.
“Qualifying medical condition” shall mean any condition for which treatment with medical cannabis would be beneficial, as determined by a patient's qualified medical professional, including but not limited to cancer, glaucoma, positive status for human immunodeficiency virus, acquired immune deficiency syndrome (AIDS), hepatitis C, amyotrophic lateral sclerosis (ALS), Crohn’s disease, Parkinson’s disease, post-traumatic stress disorder, arthritis, chronic pain, neuropathic and other intractable chronic pain, and multiple sclerosis.
“Qualifying patient” shall mean a person who has a written recommendation from a qualified medical professional for the medical use of cannabis.
Registry Identification Card 3 Year Renewals And Presumptive Eligibility
The New Mexico Medical Cannabis Program is available to any New Mexico resident with certain medical conditions. A Primary Caregiver may be designated by the Qualified Patient to take responsibility for managing the well-being of the qualified patient in the use of medical cannabis. A qualified patient may also obtain a Personal Production License (PPL) to grow medical cannabis for personal use.
If you believe your debilitating medical condition(s) qualify for the medical cannabis program, discuss your symptoms with your licensed physician. A doctor has to recommend you to receive medical cannabis as treatment, so the doctor is not prescribing medical cannabis. And this should allow for any licensed physician or nurse practitioner, in New Mexico, to sign for your enrollment. You must submit an application to New Mexico Department of Health’s Medical Cannabis Program administrator’s office along with all required forms.
Patient Certification And Presumptive Eligibility
Due to the qualifying conditions requirement into the medical cannabis program, the types of debilitating medical conditions that are part of the MCP, the nature of these debilitating medical conditions that qualify(and many others); it only makes sense from a medical standpoint to immediately certify patients under presumptive eligibility.
It is inhumane to have to tell patients they will need to wait 30 days or potential more to receive their patient cards. Patients are anxious and frequently call their physician’s office to ask “where’s my card?” All these patient who qualify are seriously ill patients who need their certification cards in a timely manner. Most states solve this problem with temporary cards issued by the physician. Polled physicians, conducted by the state of Hawai’i, unanimously agree that care would be greatly improved if a physician could issue some sort of temporary document at the time of the office visit.
Recommendation – Establish Presumptive Eligibility For All Program Applicants.
The Department of Health could provide an immediate temporary document for all applications submitted in person with a completed application checklist, and another solution would be to have presumptive eligibility in form of a letter from the physician saying that an application into the MCP has been practitioner certified and submitted. This process would be the same as a person who see’s a practitioner and is then prescribed medicine to get a Walgreens.
Recommendation – Establish Presumptive Eligibility For All Program Applicants.
The Department of Health could provide an immediate temporary document for all applications submitted in person with a completed application checklist, and another solution would be to have presumptive eligibility in form of a letter from the physician saying that an application into the MCP has been practitioner certified and submitted. This process would be the same as a person who see’s a practitioner and is then prescribed medicine to get a Walgreens.
The current certification process especially takes too long for terminally ill patients and medical cannabis should be available for end-of-life care for patients who have been diagnosed with terminal illnesses. New Mexico’s program, for example, allows medical cannabis for hospice patients. Since there is a clear certification process and criteria for a patient to qualify for hospice care and since hospice care is usually limited to six months; it is suggested that hospice certification be used to allow a patient presumptive eligibility for medical cannabis. It would be inappropriate for hospice patients to have to wait to receive their certification cards for the current processing time.
Rules, Regulations, & Policy Solution For The Medical Treatment;Medical Cannabis Registry Identification Cards: Presumptive Eligibility And Qualified Patients To Reapply Every 3 Years For A Registry Identification Card
The approval of this petition: Medical Treatment;Medical Cannabis Registry Identification Cards: Presumptive Eligibility And Qualified Patients To Reapply Every 3 Years For A Registry Identification Card, that is being provided to the state Department of Health Medical Cannabis Program so the advisory board can review and recommend to the department for approval additional debilitating medical conditions that would benefit from the medical use of cannabis with the Lynn and Erin Compassionate Use Act.
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
WhereAs:
The department shall require a qualified patient to reapply for a registry identification card as follows: first year 1 yr card then 3 yr;
A.The department shall presume eligibility and issue, within twenty-four hours of receipt of application completed in accordance with department rules, a registry identification card to any person who applies for a registry identification card. Within thirty days of receipt of an application, the department shall verify the information contained in an application submitted and;
B. for a qualified patient whose certification of a debilitating medical condition does not indicate that the patient's debilitating medical condition is a chronic condition, no sooner than three years from the date the patient's current registry identification card is issued; provided that, in order to remain eligible for participation in the medical cannabis program established pursuant to the Lynn and Erin Compassionate Use Act, a qualified patient whose debilitating medical condition is not a chronic condition shall submit annually to the department a statement from the qualified patient's practitioner indicating that: (1) the practitioner has examined the qualified patient during the preceding twelve months; (2) the qualified patient continues to have a debilitating medical condition; and (3) the practitioner believes that the potential health benefits of the medical use of cannabis would likely outweigh the health risks for the qualified patient."
The Medical Cannabis Program (MCP) was created in 2007, under the Lynn and Erin Compassionate Use Act, chapter 210 Senate Bill 523. The purpose of this 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. Under New Mexico law cardholders in the MCP are legally permitted to be in possession of 230 units (grams) and may grow up to 16 medical cannabis plants with a Personal Production License. The New Mexico Department of Health administers the MCP in accordance with the Act.
The Medical Cannabis Program has experienced tremendous growth with new program participants, an increase of 75% during 2016, and currently has 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. The Lynn and Erin Compassionate Use Act requires your application to be completely processed and provided to a person within 30 days. The Department of Health shall issue a registry identification card within five business days of approving an application. Unless renewed at an earlier date, suspended, or revoked, a registry identification card shall be valid for a period of one year from the date of issuance and shall expire at midnight on the day indicated on the registry identification card as the expiration date.
What is a chronic medical condition?
A chronic disease is one lasting 3 months or more, by the definition of the U.S. National Center for Health Statistics. Chronic diseases generally cannot be prevented by vaccines or cured by medication, nor do they just disappear.
A chronic disease is one lasting 3 months or more, by the definition of the U.S. National Center for Health Statistics. Chronic diseases generally cannot be prevented by vaccines or cured by medication, nor do they just disappear.
What is the meaning of debilitating?
Something that's debilitating seriously affects someone or something's strength or ability to carry on with regular activities, like a debilitating illness. Debilitating comes from the Latin word debilis, meaning "weak." That's why you'll often see the adjective used to describe illness, despite the negative reference.
Something that's debilitating seriously affects someone or something's strength or ability to carry on with regular activities, like a debilitating illness. Debilitating comes from the Latin word debilis, meaning "weak." That's why you'll often see the adjective used to describe illness, despite the negative reference.
The State of New Mexico defines it in program law as:
“Debilitating medical condition” means:
(1) cancer;
(2) glaucoma;
(3) multiple sclerosis;
(4) damage to the nervous tissue of the spinal cord, with objective neurological indication of intractable spasticity;
(5) epilepsy;
(6) positive status for human immunodeficiency virus or acquired immune deficiency syndrome;
(7) admission into hospice care in accordance with rules promulgated by the department; or
(8) any other medical condition, medical treatment, or disease as approved by the department which results in pain, suffering, or debility for which there is credible evidence that medical use cannabis could be of benefit.
(1) cancer;
(2) glaucoma;
(3) multiple sclerosis;
(4) damage to the nervous tissue of the spinal cord, with objective neurological indication of intractable spasticity;
(5) epilepsy;
(6) positive status for human immunodeficiency virus or acquired immune deficiency syndrome;
(7) admission into hospice care in accordance with rules promulgated by the department; or
(8) any other medical condition, medical treatment, or disease as approved by the department which results in pain, suffering, or debility for which there is credible evidence that medical use cannabis could be of benefit.
Registry Identification Cards And 3 Year Renewals
Due to the qualifying conditions requirement into the medical cannabis program, the types of debilitating medical conditions that are part of the MCP, the nature of these debilitating medical conditions that qualify (and many others); it only makes sense from a medical standpoint to certify patients for a 3 year period in the medical cannabis program. The qualifying health conditions for the program are all ones that modern pharmaceutical pills failed to cure, provide relief and in many case made the conditions worse. That is why we are in the medical cannabis program as this form of medicine provides us the best option for for treatment in improving our health.
Facts About The Medical Conditions That Qualify For The Medical Cannabis Program.
Patients in New Mexico diagnosed with one or more of the following medical conditions qualify into the program and are allowed legal protection under the Lynn and Erin Compassionate Use Act:
Amyotrophic Lateral Sclerosis (ALS) : Can't be cured, but treatment does help. Chronic: lifelong.
Cancer : Chronic disease, can be treated, & average treatment plan length 5 years or more.
Crohn’s Disease : Can't be cured, but treatment does help. Chronic: Lasting several years or lifelong.
Epilepsy : Is a chronic neurological disorder. Can't be cured, but treatment does help.
Glaucoma : Chronic, can't be cured, but treatment does help. ( Can braille cards be printed ? )
Hepatitis C : Chronic, but treatment does help.
HIV/AIDS : Can't be cured, but treatment does help. Chronic: lifelong.
Huntington’s Disease : Can't be cured, but treatment does help. Chronic: lifelong.
Hospice Care :Palliation of a chronically ill, terminally ill or seriously ill patient's pain and symptoms.
Inclusion Body Myositis : Can't be cured, but treatment does help. Chronic: lifelong.
Inflammatory Autoimmune-mediated Arthritis Can't be cured, treatment does help. Chronic: lifelong.
Multiple Sclerosis Can't be cured, but treatment does help. Chronic: lifelong.
Damage to the nervous tissue of the spinal cord :No cure, treatment does help. Chronic: lifelong.
Painful peripheral neuropathy :Can't be cured, but treatment does help. Chronic: lifelong.
Parkinson’s disease :Can't be cured, but treatment does help. Chronic: lifelong.
Post-Traumatic Stress Disorder (PTSD) :Can't be cured, but treatment does help. Chronic: lifelong.
Severe Chronic Pain :Can't be cured, but treatment does help. Chronic: lifelong.
Severe Anorexia/Cachexia :Often a sign of disease, such as cancer, AIDS, heart failure, or advanced chronic obstructive pulmonary disease (COPD). Chronic but treatment does help.
Spasmodic Torticollis (Cervical Dystonia) :Can't be cured, but treatment does help. Chronic: lifelong.
Ulcerative Colitis: Can't be cured, but treatment does help. Chronic: lifelong.
Cancer : Chronic disease, can be treated, & average treatment plan length 5 years or more.
Crohn’s Disease : Can't be cured, but treatment does help. Chronic: Lasting several years or lifelong.
Epilepsy : Is a chronic neurological disorder. Can't be cured, but treatment does help.
Glaucoma : Chronic, can't be cured, but treatment does help. ( Can braille cards be printed ? )
Hepatitis C : Chronic, but treatment does help.
HIV/AIDS : Can't be cured, but treatment does help. Chronic: lifelong.
Huntington’s Disease : Can't be cured, but treatment does help. Chronic: lifelong.
Hospice Care :Palliation of a chronically ill, terminally ill or seriously ill patient's pain and symptoms.
Inclusion Body Myositis : Can't be cured, but treatment does help. Chronic: lifelong.
Inflammatory Autoimmune-mediated Arthritis Can't be cured, treatment does help. Chronic: lifelong.
Multiple Sclerosis Can't be cured, but treatment does help. Chronic: lifelong.
Damage to the nervous tissue of the spinal cord :No cure, treatment does help. Chronic: lifelong.
Painful peripheral neuropathy :Can't be cured, but treatment does help. Chronic: lifelong.
Parkinson’s disease :Can't be cured, but treatment does help. Chronic: lifelong.
Post-Traumatic Stress Disorder (PTSD) :Can't be cured, but treatment does help. Chronic: lifelong.
Severe Chronic Pain :Can't be cured, but treatment does help. Chronic: lifelong.
Severe Anorexia/Cachexia :Often a sign of disease, such as cancer, AIDS, heart failure, or advanced chronic obstructive pulmonary disease (COPD). Chronic but treatment does help.
Spasmodic Torticollis (Cervical Dystonia) :Can't be cured, but treatment does help. Chronic: lifelong.
Ulcerative Colitis: Can't be cured, but treatment does help. Chronic: lifelong.
All of these types of debilitating medical conditions have some common medical facts; treatment plan for 5 years if not lifelong, most all have no cure, all of them are chronic health conditions, and sadly some take a person’s life. They all also require a medical treatment plan with several visits to more than one medical practitioner throughout the course of a year.
Patients, like myself, and all patients are currently required to renew their cards every year despite all of patients in the program having serious debilitating medical conditions that are chronic and will never go away. Nor do we need a yearly reminder of our health problems...once a patient is accepted into the program the registry and identification cards should be set at a 3 yr renewal basis and expire 3 years from entry into the program.
The Department can then do yearly address verification with a simple form, by mail, all while maintaining safe access to medical cannabis for patients in the program. The current “change of address” form used by the Department of Health could also be used here. Setting the registry for the program at 3 years will save the Department of Health money by reducing employee hours spent on this process yearly, reduced cost in printing, and office supplies cost. This will also strengthen the medical cannabis program by knowing patient registration numbers and additional statistics for 3 year periods.
For the patients with a personal production license, they could submit annually to the department a statement or form for address verification and to provide that nothing has changed from the initial PPL application that was approved.
The physician or practitioner that you receive your recommendation from should be a practiced, and licensed with medical and research experience (preferably cannabis related). While these doctors cannot “prescribe” cannabis, they can “certify” or “recommend” patients use medical cannabis that meets the criteria to be a qualifying patient.
Although it is easy to walk into a green, 4:20 themed “clinic” and pay a cheap price for a evaluation, there are some factors you should consider before doing so. If you are a patient looking to get the maximum benefit from cannabis as a medicine, the relationship between yourself and your medical cannabis doctor should be respected as much as in any other medical circumstance. For this reason, Americans For Safe Access advise staying away from these types of places many call, “bargain clinics.” Make sure there are no extra fees associated with obtaining ID cards, or extra copies of the letter of recommendation. Patients should protect themselves from clinics that treat them “strictly as a business.”
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.)
The Department of Health should certify patients under presumptive eligibility and set the registry for the program at 3 years for every patient. This will benefit both the patients, whom the program was created for, and benefit the Department of Health in a state that is looking for ways to save money.
Senate Bill 177, “Medical Marijuana Changes”, proposed making it so if the patient’s debilitating condition is considered chronic, then reapplication would be required no sooner than three years from the date of issuance. However, if the condition is not chronic, reapplication would be no sooner than three years but the patient would be required to submit a statement from a practitioner annually. The 3 year card renewal was also amended out late as a floor amendment.
It was changed to be a written attestation, thus "written attestation" means a written statement from a qualified patient that: (1) states that the qualified patient has been diagnosed by a practitioner as having a debilitating medical condition; (2) states that the qualified patient continues to receive care from a practitioner for the debilitating medical condition in accordance with a schedule determined by that Practitioner; (3) states that the qualified patient's practitioner has indicated that the practitioner believes that the potential health benefits of the medical use of cannabis would likely outweigh the health risks for the patient; and (4) provides the name, telephone number and address for the qualified patient's practitioner; and
"SECTION 5. A new section of the Lynn and Erin Compassionate
Use Act is enacted to read:
Use Act is enacted to read:
[NEW MATERIAL] REGISTRY IDENTIFICATION CARD--RENEWAL.--A qualified patient shall renew the qualified patient's and that qualified patient's primary caregiver's registry identification cards on an annual basis by submitting to the department a written attestation."
References
The solution provided above was derived from the following sources:
Americans For Safe Access [http://www.safeaccessnow.org/policy_shop], Colorado Medical Marijuana Program [https://www.colorado.gov/pacific/cdphe/medicalmarijuana], Colorado Department of Revenue- An assessment of physical and pharmacokinetic relationships in marijuana production and consumption in Colorado [https://www.colorado.gov/pacific/sites/default/files/MED%20Equivalency_Final%2008102015.pdf], Cannabis Yields and Dosing by Chris Conrad (court qualified cannabis expert) [http://chrisconrad.com/], and the Hawaii Medical Cannabis Program-Medical Marijuana Dispensary Task Force Study 2015 [http://files.hawaii.gov/auditor/Reports/2014/14-12.pdf].
Appendix A: QUALIFYING DEBILITATING MEDICAL CONDITIONS:
A. Statutorily-approved conditions: As of the date of promulgation of this rule, specific qualifying debilitating medical conditions, diseases, and treatments (“qualifying conditions”) identified in the Lynn and Erin Compassionate Use Act, Section 26-2B-3(B) NMSA 1978, include:
(1) cancer;
(2) glaucoma;
(3) multiple sclerosis;
(4) damage to the nervous tissue of the spinal cord, with objective neurological indication of intractable spasticity;
(5) epilepsy;
(6) positive status for human immunodeficiency virus or acquired immune deficiency syndrome; and
(7) admission into hospice care in accordance with rules promulgated by the department.
B. Department-approved conditions: The department finds that the following additional qualifying conditions result in pain, suffering, or debility for which there is credible evidence that the medical use of cannabis could be of benefit, through the alleviation of symptoms, and the department accordingly approves these conditions as qualifying debilitating medical conditions for the participation of a qualified patient or primary caregiver in the medical cannabis program. The department-approved conditions include:
(1) severe chronic pain:
(a) objective proof of the etiology of the severe chronic pain shall be included in the application; and
(b) a practitioner familiar with the patient’s chronic pain shall provide written certification that the patient has an unremitting severe chronic pain condition;
(2) painful peripheral neuropathy: application to the medical cannabis program shall be accompanied by medical records that confirm the objective presence of painful peripheral neuropathy;
(3) intractable nausea/vomiting;
(4) severe anorexia/cachexia;
(5) hepatitis C infection currently receiving antiviral treatment: the written certification shall attest:
(a) that the hepatitis C infection is currently being treated with antiviral drugs; and
(b) to the anticipated duration of the hepatitis C antiviral treatment.
(6) Crohn’s disease;
(7) post-traumatic stress disorder (PTSD): each individual applying to the program for enrollment shall submit medical records that confirm a diagnosis of PTSD meeting the diagnostic criteria of the current diagnostic and statistical manual of mental disorders;
(8) inflammatory autoimmune-mediated arthritis: each individual applying to the program for enrollment shall submit medical records that confirm the diagnosis of inflammatory autoimmune-mediated arthritis;
(9) amyotrophic lateral sclerosis (Lou Gehrig’s disease);
(10) inclusion body myositis;
(11) spasmodic torticollis (cervical dystonia);
(12) Parkinson’s disease;
(13) Huntington’s disease;
(14) ulcerative colitis; and
(15) such other conditions as the secretary may approve.
C. Additional application requirements: A patient shall submit written certification from the patient’s practitioner which shall attest:
(1) to the diagnosis of the medical condition;
(2) that the condition is debilitating; and
(3) that potential risks and benefits of the use of medical cannabis for the condition have been discussed with the patient, in accordance with this rule; a patient who applies on the basis of having a department-approved condition may also be required to satisfy additional eligibility criteria, as specified in this rule.
A. Statutorily-approved conditions: As of the date of promulgation of this rule, specific qualifying debilitating medical conditions, diseases, and treatments (“qualifying conditions”) identified in the Lynn and Erin Compassionate Use Act, Section 26-2B-3(B) NMSA 1978, include:
(1) cancer;
(2) glaucoma;
(3) multiple sclerosis;
(4) damage to the nervous tissue of the spinal cord, with objective neurological indication of intractable spasticity;
(5) epilepsy;
(6) positive status for human immunodeficiency virus or acquired immune deficiency syndrome; and
(7) admission into hospice care in accordance with rules promulgated by the department.
B. Department-approved conditions: The department finds that the following additional qualifying conditions result in pain, suffering, or debility for which there is credible evidence that the medical use of cannabis could be of benefit, through the alleviation of symptoms, and the department accordingly approves these conditions as qualifying debilitating medical conditions for the participation of a qualified patient or primary caregiver in the medical cannabis program. The department-approved conditions include:
(1) severe chronic pain:
(a) objective proof of the etiology of the severe chronic pain shall be included in the application; and
(b) a practitioner familiar with the patient’s chronic pain shall provide written certification that the patient has an unremitting severe chronic pain condition;
(2) painful peripheral neuropathy: application to the medical cannabis program shall be accompanied by medical records that confirm the objective presence of painful peripheral neuropathy;
(3) intractable nausea/vomiting;
(4) severe anorexia/cachexia;
(5) hepatitis C infection currently receiving antiviral treatment: the written certification shall attest:
(a) that the hepatitis C infection is currently being treated with antiviral drugs; and
(b) to the anticipated duration of the hepatitis C antiviral treatment.
(6) Crohn’s disease;
(7) post-traumatic stress disorder (PTSD): each individual applying to the program for enrollment shall submit medical records that confirm a diagnosis of PTSD meeting the diagnostic criteria of the current diagnostic and statistical manual of mental disorders;
(8) inflammatory autoimmune-mediated arthritis: each individual applying to the program for enrollment shall submit medical records that confirm the diagnosis of inflammatory autoimmune-mediated arthritis;
(9) amyotrophic lateral sclerosis (Lou Gehrig’s disease);
(10) inclusion body myositis;
(11) spasmodic torticollis (cervical dystonia);
(12) Parkinson’s disease;
(13) Huntington’s disease;
(14) ulcerative colitis; and
(15) such other conditions as the secretary may approve.
C. Additional application requirements: A patient shall submit written certification from the patient’s practitioner which shall attest:
(1) to the diagnosis of the medical condition;
(2) that the condition is debilitating; and
(3) that potential risks and benefits of the use of medical cannabis for the condition have been discussed with the patient, in accordance with this rule; a patient who applies on the basis of having a department-approved condition may also be required to satisfy additional eligibility criteria, as specified in this rule.
Appendix B: An Americans for Safe Access (ASA) national report was released on December 8th, 2016 and calls for an end to contradictions between federal and state guidelines with regard to medical cannabis policies. The Americans for Safe Access briefing book, “Medical Cannabis in America”, showing that not only do opiate related deaths drop an average of 24.8% in states with medical cannabis laws, the report also notes that the Department of Justice has spent an estimated $592 million to date in arrests, investigations, enforcement raids, pretrial services, incarceration, and probation.
Plant Count For Producers Based On Patient Population Growth For Adequate Supply Proposed: Legislators could easily solve this by looking to Americans For Safe Access for this policy.
About Americans for Safe Access.
The mission of Americans for Safe Access (ASA) is to ensure safe and legal access to cannabis for therapeutic use and research. ASA was founded in 2002, by medical cannabis patient Steph Sherer, as a vehicle for patients to advocate for the acceptance of cannabis as medicine. With over 100,000 active members in all 50 states, ASA is the largest national member-based organization of patients, medical professionals, scientists and concerned citizens promoting safe and legal access to cannabis for therapeutic use and research. ASA works to overcome political, social and legal barriers by creating policies that improve access to medical cannabis for patients and researchers through legislation, education, litigation, research, grassroots empowerment, advocacy and services for patients, government's, medical professionals, and medical cannabis providers.
The mission of Americans for Safe Access (ASA) is to ensure safe and legal access to cannabis for therapeutic use and research. ASA was founded in 2002, by medical cannabis patient Steph Sherer, as a vehicle for patients to advocate for the acceptance of cannabis as medicine. With over 100,000 active members in all 50 states, ASA is the largest national member-based organization of patients, medical professionals, scientists and concerned citizens promoting safe and legal access to cannabis for therapeutic use and research. ASA works to overcome political, social and legal barriers by creating policies that improve access to medical cannabis for patients and researchers through legislation, education, litigation, research, grassroots empowerment, advocacy and services for patients, government's, medical professionals, and medical cannabis providers.
Lynn & Erin Compassionate Use Act Patient’s Coalition of New Mexico ~ A GrassRoots Movement!
UNITE-NETWORK-GROW-INFORM-KNOW-EDUCATE-ACTIVISM-VOTE-HEALTH-WELLNESS
(All Rights Reserved 04/20/2016)
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