Diane HoffmannUniversity of Maryland

Francis King Carey School of LawApril 13, 2012

STATES DISPENSARIES ESTABLISEHD BY STATUTE?

California Allows for establishment of collectives and cooperativesAlaska No

Oregon NoWashington No

Maine Allows for establishment of nonprofit dispensariesColorado Allows for establishment of licensed “marijuana centers”

Hawaii NoNevada No

Montana NoVermont Allows for nonprofit dispensaries

Rhode Island Allows for compassion centers that can dispense marijuana

New Mexico Allows non profit dispensaries by regulation

Michigan No

New Jersey Allows for up to six alternative treatment centers

Washington, DC Allows for as many as eight facilities to dispense marijuana

Arizona Allows for state-licensed nonprofit dispensaries

Delaware Allows for registered nonprofit “compassion centers”

Maryland No

Variation of State Medical Marijuana Laws

California’s Law

Proposition 215approved November 5, 1996 by 56% of voters

California’s Legal Environment

Los Angeles In 2007, the City Council adopted a moratorium on new dispensaries.•2009 – 500 to 1,000 dispensaries in city.•In 2010, city limited number of dispensaries to 70 with specific requirements:• prohibited from locating next to a residential area or within 1000 feet of a school, park library or other dispensary

Los AngelesOther provisions of January 2010 regulations:

•Limit hours of operation•Require dispensaries to install web based closed circuit cameras to monitor the premises •Require dispensaries to provide a uniformed security guard patrol for a two block radius surrounding the dispensary during operating hours.

As of January 2011

Pack v. City of Long Beach

The court held that the city’s ordinance, which permits dispensaries selected by lottery and regulates them, rather than merely decriminalizing specific acts, is preempted by federal law.

City of Riverside v. Inland Empire Patient’s Health and Wellness Center, Inc

Court ruled that local governments may ban medical marijuana dispensaries and that such a ban was not preempted by state law.

Lake Forest v. Evergreen

Court ruled that local governments may not prohibit medical marijuana dispensaries altogether, but that such dispensaries can only dispense marijuana that is cultivated on site.

Pictre?

Colorado

Between Jan. 2009 and Jan. 2010 Colorado experienced an 871% increase in registrants.

By March 2011, Colorado reported 127,816 registrants.

By License Type Red - Center Type 1(<300 patients) Blue - Infused Product Manufacturer Yellow - Center Type 2(301-500 patients) Green - Center Type 3(501+ patients)

Source: DenverPost.com September 29, 2011

Colorado Dispensaries and Infused Products Manufacturers

“What had been considered the healthiest state in the country rapidly became one of the sickest.”

Montana

•Billings City Council approved temporary moratorium on new marijuana storefronts.

•Kalispell City Council banned new medical marijuana stores following attack.

Sets Maximum # to be licensed by stateDC permits 5DE would allow 3 for the first year; more

after that if neededME – 1 for each of the 8 public health

districts in the first year; may be amended by state after first year

NJ – 6 to start, two in each of the north, central and southern portions of the state

AZ – 10% of pharmacies (Approx. 125)

State Restrictions on Number

Source: flickr, Roebot

New Jersey sets: Limitations on the right to possess and

use marijuana pursuant to the state law Potential side effects of marijuana use Differing strengths of products

dispensed Safe techniques for use Alternative methods and forms of

consumption or inhalation Signs and symptoms of substance abuse Opportunities to participate in

substance abuse programs Information on tolerance, dependence

and withdrawal

Patient Education Requirements

Source: flickr, Venice Beach House

Establish limits on amount that may be dispensed over a certain time period,

Require that dispensary must be not for profit

Require that dispensary must not be located close to a school (300 – 1,000 ft.)

Require that dispensary have an operations manual

Require that dispensary must develop policies for training in and adherence to state medical confidentiality laws

Additional Requirements

Source: flickr, DJ Crazy Gabe

Require business records to be maintained

Require dispensary keep record of each sale

Create limits on what infused product manufacturers can produce

Require food establishment license if infused products manufacturer

Require good manufacturing practices

Additional State and Local Requirements: Operations

Source: flickr, Caveman Chuck Coker

Pushback by Dept. of Justice Numerous letters to governors in states

that have decriminalized marijuana from regional US Attorneys

Letters state that licensing schemes for the establishment of dispensaries or grow houses are illegal under CSADoJ will consider civil and criminal legal

penalties against those involved in such schemes and those engaging in such activities

MDs in operation may have reduced crime by providing additional on-site security.

Operating MDs may reduce crime by increasing local foot traffic and “eyes on the street.”

To the extent that illicit suppliers try to move in to fill the new void, this could generate other crime.

Greater police presence in areas where MDs are operating

Police leave area after dispensary closes

Source: RAND Report

Relationship to Crime

Source: flickr, adamjackson1984

Questions About Dispensaries:

Is it better to have the state establish licensed dispensaries to distribute medical marijuana or to allow individuals to grow their own?

If the state licenses dispensaries how should it determine the appropriate number and size of dispensaries to allow to operate in the state?

What are important regulations of dispensaries to have in place from a public health/public safety perspective?

What data would you want to draw on in addition to crime statistics in the area where the dispensaries are located to establish whether various regulations are having a good or bad impact on public health/safety?