Transcript Medical Marijuana’s Unintended Consequences Bruce McIntyre, JD Rhode Island Department of Health June 17, 2011

Medical Marijuana’s
Unintended
Consequences
Bruce McIntyre, JD
Rhode Island Department of Health
June 17, 2011
National
• Over 1 million Americans use medical
marijuana
• $ 1.7 Billion industry
• AG Eric Holder says he will soon clarify the
DOJ position on medical marijuana. Until this
occurs, there is no clear legal position for
states to follow.
Throughout the States
• General public attitude that permitted medical marijuana
use (possession of a “Medical Marijuana Card”) is
universal license to access, use, and grow marijuana
– Over 2500 medical marijuana dispensaries in California.
– Heavy dispensary advertising online, in newspapers, and on the
streets
• No definitive federal law regarding permissive use,
distribution, and growth of medical marijuana
– Federal raids on dispensaries have increased significantly
• Consumption by minors has increased since the
legalization of medical marijuana
The Medical Marijuana Card
• Possession of a Medical Marijuana Card
does not legalize drug possession for the
cardholder
– Acts solely as an affirmative defense
Rhode Island
• According to a statewide poll, 80% of Rhode
Islanders favor decriminalization of marijuana.
• Dispensaries are pending, contingent on a
guarantee from the Dept. of Justice that they
will neither be raided nor shut down.
• Projected marijuana tax revenue, $4.6 million
annually
Employment
• State Medical Marijuana statutes do not regulate private
employment
• According to the RI Medical Marijuana Statute:
– A cardholder is not considered “under the influence” of marijuana
solely based on the presence of marijuana metabolites in his/her
system
– Inconsistent with federal standards
• The RI statute is the only one to prohibit employee
discrimination based on cardholder status
– Under the ADA, an employer does not to have to accommodate a
cardholder
Criminal
• Complying with state law does not protect against federal
law
• Probable cause for a warranted search must consider a
person’s status as a qualified user
– BUT, officials are not required to abandon a search if presented with
a medical marijuana card.
• Holding a registry card does grant immunity from
prosecution for illegal cultivation and possession
• If medical marijuana is seized while it is legally possessed, it
must be returned. (City of Garden Grove v. Superior Court)
Landlord/Tenant
• RI law prohibits discrimination against individuals in
possession of a marijuana registration card
– Not recognized by the ADA or FHA
• Landlords leasing to marijuana participants face the
possibility of federal prosecution and property forfeiture
• Commercial property owners who voluntarily lease space
to medical marijuana establishments face financial risk
due to the uncertainty of federal enforcement and
regulations
• Property maintained as a marijuana storage house is in
violation of federal law regardless of state law
Institutional Use
• Absent evidence that medical marijuana is required for
treatment of a medical condition, it will not be permitted
during incarceration.
– No Amendment VIII violation
• No case law on use of medical marijuana as treatment in
hospitals, clinics, or other healthcare facilities.
– In July 2010, the Department of Veteran Affairs announced that it
will formally allow patients treated at its hospitals and clinics to
use medical marijuana in states where it is legal.
Bruce McIntyre, JD
Acting Chief Administrative Officer
Board of Medical Licensure and Discipline
401.222.7890
[email protected]
www.health.ri.gov