Wednesday, September 27, 2017

Petition: nonresident medical cards.

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Saturday, September 16th 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; Medical Cannabis Registry Identification Cards: Recognition of nonresident medical cards.





Table of Contents
Pg.  1 Cover Page
Pg.  2 - 4 Petition Introduction
Pg.  4 Petition Purpose and Background
Pg.  8 Relief Requested In Petition
Pg.  12 References
Pg.  12 Appendix A
Pg.  14 Appendix B
 





Petition Introduction: Requesting the Medical Treatment; Medical Cannabis Registry Identification Cards: Recognition of nonresident medical cards.


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”.  


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.
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.


Petition Purpose and Background


The purpose of this Petition Requesting the Medical Treatment; Medical Cannabis Registry Identification Cards: Recognition of nonresident medical cards.


This petition for the Medical Treatment; Medical Cannabis Registry Identification Cards: Recognition of nonresident medical cards, 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.


Recognition of nonresident medical cards. And the increase in these kind of regulation changes make it easier for patients to travel and be tourists knowing they can safely access medical cannabis. This also helps reduce the hard choice some patients face in considering to travel with cannabis or risk not having medicine at all. Six states currently allow for recognition of nonresident medical cards. The states with reciprocity are: Arizona, Maine, Michigan, New Hampshire, Nevada, and Rhode Island. Other states that border New Mexico are looking into this for their respective state programs too and it would benefit New Mexico to do so first.
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.


Americans For Safe Access policy further states:
“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.


ASA Model Rules & Regulation For Recognition of Nonresident Cards
(A) The (STATE) and the medical cannabis dispensing facilities in this State which hold valid medical cannabis establishment registration certificates will recognize a medical cannabis registry identification card issued by another state or the District of Columbia only under the following circumstances:
1. The state or jurisdiction from which the holder or bearer obtained the nonresident card grants an exemption from criminal prosecution for the medical use of cannabis;
2. The nonresident card has an expiration date and has not yet expired;
3. The holder or bearer of the nonresident card signs an affidavit in a form prescribed by the Department which sets forth that the holder or bearer is entitled to engage in the medical use of cannabis in his or her state or jurisdiction of residence; and
4. The holder or bearer of the nonresident card is in possession of no more than a 90-day supply of cannabis.
(B)  For the purposes of the reciprocity described in this section:
1. The amount of medical cannabis that the holder or bearer of a nonresident card is entitled to possess in his or her state or jurisdiction of residence is not relevant; and
2. Under no circumstances, while in this State, may the holder or bearer of a nonresident card possess cannabis for medical purposes in excess of a 90-day supply of cannabis.
Source: http://www.safeaccessnow.org/model_legislation


Article: “Which U.S. States Accept Out-of-State Medical Marijuana Authorizations?”

Arizona

Technically, Arizona recognizes out-of-state medical marijuana authorizations but, unfortunately, doesn’t allow out-of-state patients to visit local state-licensed dispensaries. So long as you are a registered medical cannabis patient in your home state, you can still enjoy the beauty of the desert, picturesque sunsets, and one of the Seven Wonders of the Natural World – the Grand Canyon – without worrying about having your medicine confiscated.
Arizona’s Patient Possession Limits: 2 1/2 ounces of usable cannabis


Colorado

Medical program info and Adult-use info

Hawaii

As of January 1, 2018, medical marijuana patients visiting the idyllic paradise will have the option of purchasing and possessing legal medical cannabis from dispensaries on every island in the chain. All eight licensed dispensaries should be fully operational by then and you’ll be able to enjoy sitting on the beach with a joint or an edible, free of worry and soaking up the sun and the sights of Hawaii – volcanoes, sea turtles, pristine beaches, shaved ice and the most beautiful sunsets you’ve ever seen.
Hawaii’s Patient Possession Limits: 4 ounces every 15 consecutive days, or 8 ounces every 30 consecutive days.
For more information, please refer to Act 241, HRS Chapter 329D.

Maine

Even if you’re not looking to star in a Stephen King novel, Maine is a gorgeous place with friendly, down-to-earth, accommodating locals. Whether you’re touring the famous lighthouse-abundant coastlines, watching whales leap from the Atlantic, or feasting on fresh lobster, Maine won’t let you down. Maine legalized cannabis in 2016, so whether or not you’ve got a patient registry card for your state, it is legal to possess and use cannabis, and retail sales are coming soon.
Maine’s Patient Possession Limits: 2 1/2 ounces for both visiting patients with a valid registry identification, as well as for adults with a valid government-issued identification.

Michigan

The Great Lake State contains more than 11,000 lakes and borders four of the Great Lakes. It’s also known for some of the best craft beers in the continental United States, so if you’re a beer and cannabis enthusiast, Michigan could provide you with the best of both worlds. Be careful as an out-of-towner, however. There are plenty of restrictions on the state’s medical marijuana laws that even law-abiding Michigan MMJ patients have faced harassment from law enforcement. You may possess cannabis for medicinal purposes, but don’t flaunt your use.
Michigan’s Patient Possession Limits: 2 1/2 ounces of usable cannabis
For more information, please refer to the Michigan Medical Marihuana Act 333.26424, Sec. 4(h).

Nevada

Nevada’s legalization means that your medical marijuana card is no longer necessary in Nevada to visit a dispensary, but your out-of-state medical marijuana card will only be valid through March 2018. There are even rumors that Nevada may begin licensing bars and restaurants to allow public cannabis consumption, as as bid to increase cannabis tourism. Can you imagine walking down the Las Vegas strip with a joint in hand?
Nevada’s Possession Limits: 2 1/2 ounces and/or a maximum allowable quantity of edible cannabis products and cannabis-infused products, or 1 ounce of cannabis flower for adult consumers.

New Hampshire

Just a little ways up the road from Rhode Island and a neighbor to Maine, New Hampshire is another New England haven that respects out-of-state medical cannabis recommendations. You are only legally allowed to possess cannabis for medicinal purposes, so no visiting local dispensaries, unfortunately. One of the more mountainous terrains, New Hampshire is home to the tallest peak in the region, Mount Washington, which summits at more than 6,000 feet and is accessible via the Cog Railway, one of the first railways in the world. Sit back, relax, and watch the world expand as you climb higher and higher into the clouds.
New Hampshire’s Patient Possession Limits: 2 ounces; patients must be authorized for the same qualifying medical conditions that are allowed under New Hampshire’s medical marijuana law.

Pennsylvania

It’s always sunny in the City of Brotherly Love, but just in case it isn’t, the lawmakers have created a loophole for medical marijuana patients. It is legal for the parent or guardian of a minor under 18 years of age to lawfully obtain medical cannabis from another medical state to be administered to the minor. However, this part of the law will be repealed within 730 days (2 years) and only applies to underage patients.
Pennsylvania’s Patient Possession Limits:  Patients may possess pills, oils, topical creams, tinctures and dry leaf for vaporization only.
For more information, please refer to the Pennsylvania Medical Marijuana Program FAQ.

Rhode Island

Rhode Island, also known as the Ocean State, is home to some of the prettiest darn beaches you’ve ever seen. With 400 miles of coastline, nearly a quarter of the state is on the waterfront and contains 20 percent of America’s landmarks. Stop off in Providence and you’re set for a primo beachside escapade. Take the ferry to Block Island and enjoy the beauty of a pristine beach vista with the feel of a quiet, small town – you’ll never want to leave! Note: Although the law specifically permits out-of-state medical marijuana patients the same rights as an in-state patient, Rhode Island dispensaries may not take your patient registry card. Call ahead to make sure they’ll honor your MMJ ID.
Rhode Island’s Patient Possession Limits: 2 1/2 ounces of usable cannabis.
Article Sources: https://www.leafly.com/news/cannabis-101/which-us-states-accept-out-of-state-medical-marijuana-authorizati


Rules, Regulations, & Policy Solution For The Medical Treatment;Medical Cannabis Registry Identification Cards: Recognition of nonresident medical cards.


The approval of this petition: Medical Treatment;Medical Cannabis Registry Identification Cards: Recognition of nonresident medical cards, 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


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.
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.
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.

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.
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.

Medical Cannabis, 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
  • Migraines
  • 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
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.) Source UNM -MCRF


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/],
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.


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.






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