Wednesday, September 27, 2017

Petition: To Change Part B; Line (8): add ADA Language

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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; To Change Part B; Line (8):
Section 3. DEFINITIONS.--As used in the Lynn and Erin Compassionate Use Act:
Part B. "debilitating medical condition" means:
Line (8) any other medical condition, medical treatment or disease as approved by the department;
WhereAs: Line (8) Rule Amended To Read;
Part B. "debilitating medical condition" means:
Line (8) “ any other chronic or persistent medical symptom that either substantially limits a person’s ability to conduct one or more of major life activities as defined in the Americans with Disabilities Act of 1990, or if not alleviated, may cause serious harm to the person’s safety, physical, or mental health.”



Table of Contents
Pg.  1 Cover Page
Pg.  2 Petition Introduction
Pg.  4 Petition Purpose and Background
Pg.  12 Relief Requested In Petition
Pg.  (Noted) References
Pg.  15 Appendix A


Petition Introduction: Requesting the Medical Treatment;
To Change Part B; Line (8):
Section 3. DEFINITIONS.-As used in the Lynn and Erin Compassionate Use Act:
Part B. "debilitating medical condition" means:
Line (8) any other medical condition, medical treatment or disease as approved by the department;
WhereAs: Line (8) Rule Amended To Read;
Part B. "debilitating medical condition" means:
Line (8) “ any other chronic or persistent medical symptom that either substantially limits a person’s ability to conduct one or more of major life activities as defined in the Americans with Disabilities Act of 1990, or if not alleviated, may cause serious harm to the person’s safety, physical, or mental health.”

Today the New Mexico medical cannabis program has almost 50,000 registered participants with 35 Licensed (Non-Profit) Producers growing 14,550 medical cannabis plants, as the program hit the midpoint of its 10th year. 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 50,000 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 the plant count allowed for by the licensed producers from the Department of Health. In order for the Department of Health Medical Cannabis Program to allow for the beneficial treatment with medical cannabis, the Department must properly have “adequate supply”.

New Mexico Medical Cannabis Program 2017 2nd Quarter Report & 2017/2018 Re-licensure Summary
- 1 Licensed Non Profit Producer Per 1,300 Patient (The Patient number keep growing too)
- 35 LNPPs and 4 of those LNPPs have no operating dispensary;
additionally 4 LNPP's decided not to increase the number of plants they can grow;
of those four - 2 of these Licenses are being used to produce only 450 plants
- Average Price Per Gram (Flowers and Bud): $10.40
- Average Amount (Units) Purchased: 15.63
- (Average Transaction Amount: $162.55)
- Over Half of all Dispensary Locations are in Albuquerque City Area (Is it about the ‘business’ or about ‘medical’?)
- Totals Plants in Production: 12,281 (out of 13,800 possible)
- Number of Plants Harvested: 5,430
- 2017/2018 Re-licensure; Total Medical Cannabis Plants = 14,550 (For over 45,000 Patients)
- If all 35 LNPPs grew the max allowed: (450 Medical Cannabis Plants x 35) Total = 15,750
       Link to 2017 2nd Quarter Report: https://nmhealth.org/publication/view/report/3606/


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 Medical Treatment petition 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”.

This petition that pertains to Medical Treatment; To Change Part B; Line (8): Section 3. DEFINITIONS.--As used in the Lynn and Erin Compassionate Use Act:
Part B. "debilitating medical condition" means: Line (8) any other medical condition, medical treatment or disease as approved by the department;
WhereAs: Line (8) Amended To Read;
Part B. "debilitating medical condition" means:
Line (8) “ any other chronic or persistent medical symptom that either substantially limits a person’s ability to conduct one or more of major life activities as defined in the Americans with Disabilities Act of 1990, or if not alleviated, may cause serious harm to the person’s safety, physical, or mental health.”, is being provided to allow the beneficial use of medical cannabis for New Mexicans by the state Department of Health Medical Cannabis Program. It with strengthen the program and reduce health care cost across the state.

Yet we are unable to provide “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 it can not be properly fulfilled by the Department due to the current language of Section 3. DEFINITIONS.--As used in the Lynn and Erin Compassionate Use Act: Part B. "debilitating medical condition" means: Line (8) any other medical condition, medical treatment or disease as approved by the department;

WhereAs: (8) Amended To Read;
New material MCAB and Secretary could add that truly allows the beneficial use of medical cannabis;
(8) “ any other chronic or persistent medical symptom that either substantially limits a person’s ability to conduct one or more of major life activities as defined in the Americans with Disabilities Act of 1990, or if not alleviated, may cause serious harm to the person’s safety, physical, or mental health.”  
The addition of that language in Part B (8) of the law, would open up the medical cannabis program allowing for more participants and expand safe access to medical cannabis. Major life activities as defined in the Americans with Disabilities Act of 1990, major life activities include, but are not limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working.

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.

Article: ‘After Medical Marijuana Legalized, Medicare Prescriptions Drop For Many Drugs’
In states that made medical marijuana legal, prescriptions for a range of drugs covered by Medicare dropped.
from NPR
Prescription drug prices continue to climb, putting the pinch on consumers. Some older Americans appear to be seeking an alternative to mainstream medicines that has become easier to get legally in many parts of the country. Research published Wednesday found that states that legalized medical marijuana — which is sometimes recommended for symptoms like chronic pain, anxiety or depression — saw declines in the number of Medicare prescriptions for drugs used to treat those conditions and a dip in spending by Medicare Part D, which covers the cost on prescription medications.
Because the prescriptions for drugs like opioid painkillers and antidepressants — and associated Medicare spending on those drugs — fell in states where marijuana could feasibly be used as a replacement, the researchers said it appears likely legalization led to a drop in prescriptions. That point, they said, is strengthened because prescriptions didn’t drop for medicines such as blood-thinners, for which marijuana isn’t an alternative.
The study, which appears in Health Affairs, examined data from Medicare Part D from 2010 to 2013. It is the first study to examine whether legalization of marijuana changes doctors’ clinical practice and whether it could curb public health costs.
The findings add context to the debate as more lawmakers express interest in medical marijuana. This year, Ohio and Pennsylvania passed laws allowing the drug for therapeutic purposes, making it legal in 25 states, plus Washington, D.C. The approach could also come to a vote in Florida and Missouri this November. A federal agency is considering reclassifying medical marijuana under national drug policy to make it more readily available.
Medical marijuana saved Medicare about $165 million in 2013, the researchers concluded. They estimated that, if medical marijuana were available nationwide, Medicare Part D spending would have declined in the same year by about $470 million. That’s about half a percent of the program’s total expenditures.
That is an admittedly small proportion of the multibillion dollar program. But the figure is nothing to sneeze at, said W. David Bradford, a professor of public policy at the University of Georgia and one of the study’s authors.
“We wouldn’t say that saving money is the reason to adopt this. But it should be part of the discussion,” he added. “We think it’s pretty good indirect evidence that people are using this as medication.”
The researchers found that in states with medical marijuana laws on the books, the number of prescriptions dropped for drugs to treat anxiety, depression, nausea, pain, psychosis, seizures, sleep disorders and spasticity. Those are all conditions for which marijuana is sometimes recommended.
The study’s authors are separately investigating the effect medical marijuana could have on prescriptions covered by Medicaid, the federal-state health insurance program for low-income people. Though this research is still being finalized, they found a greater drop in prescription drug payments there, Bradford said.
If the trend bears out, it could have other public health ramifications. In states that legalized medical uses of marijuana, painkiller prescriptions dropped — on average, the study found, by about 1,800 daily doses filled each year per doctor. That tracks with other research on the subject.
Marijuana is unlike other drugs, such as opioids, in which overdoses are fatal, said Deepak D’Souza, a professor of psychiatry at Yale School of Medicine, who has researched marijuana. “That doesn’t happen with marijuana,” he added.
Because the federal government classifies marijuana as a Schedule I drug, doctors can’t technically prescribe it. In states that have legalized medical marijuana, they can only write patients a note sending them to a dispensary.
To some, the idea that medical marijuana triggers costs savings is hollow. Instead, they say it is cost shifting. “Even if Medicare may be saving money, medical marijuana doesn’t come for free,” D’Souza said. “I have some trouble with the idea that this is a source of savings.”
Still, Bradford maintains that if medical marijuana became a regular part of patient care nationally, the cost curve would bend because marijuana is cheaper than other drugs.
Lester Grinspoon, an associate professor emeritus of psychiatry at Harvard Medical School, who has written two books on the subject, echoed that possibility. Unlike with many drugs, he argued, “There’s a limit to how high a price cannabis can be sold at as a medicine.” He isn’t associated with the study.
And, in the midst of the debate about its economics, medical marijuana still sometimes triggers questions within the practice of medicine.
“As physicians, we are used to prescribing a dose. We don’t have good information about what is a good dose for the treatment for, say pain,” D’Souza said. “Do you say, ‘Take two hits and call me in the morning?’ I have no idea.”

Research: 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.


Qualifying conditions to become a medical cannabis patient in Illinois include:
Acquired Immunodeficiency Syndrome (AIDS), Alzheimer's disease, 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), Dystonia, Fibromyalgia (severe), Fibrous dysplasia, Glaucoma, Hepatitis C, Hospice, Human Immunodeficiency Virus (HIV), Hydrocephalus, Interstitial cystitis, Lupus, Migraine, Multiple sclerosis, Muscular dystrophy, Myasthenia gravis, Myoclonus, Nail-patella syndrome, Neurofibromatosis, Parkinson's disease, Post-concussion syndrome, PTSD, Residual limb pain, Rheumatoid arthritis (RA), Seizures,
Sjogren's syndrome, Spinal cord disease (including but not limited to arachnoiditis, Tarlov cysts, hydromyelia & syringomelia), Spinal cord injury, Spinocerebellar ataxia (SCA), Tourette syndrome, and Traumatic brain injury (TBI)  ( 42 in total )

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.

In Brief: Scientific History of Medical Cannabis

Cannabis was a part of the American pharmacopoeia until 1942 and is currently available by prescription in the Netherlands, Canada, Spain, and Israel in its whole plant form.
In 1937, the U.S. passed the first federal law against cannabis, despite the objections of the American Medical Association (AMA). Dr. William C. Woodward, testifying on behalf of the AMA, told Congress that, "The American Medical Association knows of no evidence that marijuana is a dangerous drug" and warned that a prohibition "loses sight of the fact that future investigation may show that there are substantial medical uses for Cannabis."
Ironically, the U.S. federal government currently grows and provides cannabis for a small number of patients. In 1976 the federal government created the Investigational New Drug (IND) compassionate access research program to allow patients to receive up to nine pounds of cannabis from the government each year. Today, five surviving patients still receive medical cannabis from the federal government, paid for by federal tax dollars.
In 1988, the DEA's Chief Administrative Law Judge, Francis L. Young, ruled after extensive hearings that, "Marijuana, in its natural form, is one of the safest therapeutically active substances known... It would be unreasonable, arbitrary and capricious for the DEA to continue to stand between those sufferers and the benefits of this substance..." Yet the DEA refused to implement this ruling based on a procedural technicality and resists rescheduling to this day.
In 1989, the FDA was flooded with new applications from people with HIV/AIDS. In June 1991, the Public Health Service announced that the program would be suspended because it undermined federal prohibition. Despite this successful medical program and centuries of documented safe use, cannabis is still classified in America as a Schedule I substance “indicating a high potential for abuse and no accepted medical value. Healthcare advocates have tried to resolve this contradiction through legal and administrative channels to no avail.
In 1996, patients and advocates turned to the state level for access, passing voter initiatives in California and Arizona that allowed for legal use of cannabis with a doctor's recommendation. These victories were followed by the passage of similar initiatives in Alaska, Colorado, Maine, Montana, Nevada, Oregon, Washington, and Washington D.C. The legislatures of Hawaii, Maryland, New Mexico Rhode Island, and Vermont have also acted on behalf of their citizens, and every legislative session sees more bills introduced at the state level across the country.
In 1997, The Office of National Drug Control Policy commissioned the Institute of Medicine (IOM) to conduct a comprehensive study of the medical efficacy of cannabis therapeutics. The IOM concluded in 1990, that cannabis is a safe and effective medicine, patients should have access, and the government should expand avenues for research and drug development. The federal government has completely ignored its findings and refused to act on its recommendations.
Despite the federal barriers to research, hundreds of peer-reviewed studies have been published worldwide since the IOM report. While there is still much to learn, the medical potential is indisputable for a variety of symptoms and conditions.
Medical cannabis patients and current Executive Director Steph Sherer founded Americans for Safe Access (ASA) in 2002 in response to federal raids on patients in California. Ever since then, ASA has been instrumental in shaping the political and legal landscape of medical cannabis. Our successful lobbying, media, and legal campaigns led to positive court precedents, new sentencing standards, more compassionate legislative and administrative policies and procedures, as well as new legislation.
ASA protects the rights of cannabis patients. We are working to change federal policy to meet the immediate needs of patients as well as create long-term strategies for safe access and programs that encourage research.
Our goals are to:
  • Establish Federal Legal Protections for Medical Cannabis Patients and their Providers
  • Implement the Institute of Medicine recommendations, provided in its 1999 report, Marijuana and Medicine.
  • Create a National, Comprehensive and Safe Access Plan

Rules, Regulations, & Policy Solution For the Medical Treatment that pertains to the Petition Requesting; Requesting the Medical Treatment;  To Change Part B; Line (8):
Section 3. DEFINITIONS.-As used in the Lynn and Erin Compassionate Use Act:
Part B. "debilitating medical condition" means:
Line (8) any other medical condition, medical treatment or disease as approved by the department; WhereAs: Line (8) Rule Amended To Read;
Part B. "debilitating medical condition" means:
Line (8) “ any other chronic or persistent medical symptom that either substantially limits a person’s ability to conduct one or more of major life activities as defined in the Americans with Disabilities Act of 1990, or if not alleviated, may cause serious harm to the person’s safety, physical, or mental health.”

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 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.” 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.































Appendix A:

In This Section (Source: http://www.safeaccessnow.org/publications)

Medical Marijuana Access in The U.S.

headline
ASA is proud to announce the 2017 release of our report analyzing and comparing medical cannabis programs across 45 jurisdictions.

Medical Cannabis in America- The Medical Cannabis Briefing Book, 115th Congress

headline
This briefing book is intended for the members of the 115th Congress and the President of the United States to help them make informed decisions on medical cannabis policy.

Medical Cannabis Access for Pain Treatment

headline
Americans for Safe Access (ASA) has created this document to educate and inform legislators and regulators of the growing need for an alternate treatment for the millions of patients suffering from pain every day.

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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