The Watering Hole, Monday, June 23rd, 2014: NY State’s Medical Marihuana Bill

Yes, in the original legislation, S4406-D, marijuana is spelt “marihuana,” so I’ll go with that.

It appears that what Governor Cuomo will agree to sign is not the same as the original bill. S4406-D includes language regarding “smokable marihuana”, such as:

“1 (B) MEDICAL MARIHUANA MAY NOT BE SMOKED IN ANY PLACE WHERE TOBACCO MAY
2 NOT BE SMOKED UNDER ARTICLE THIRTEEN-E OF THIS CHAPTER, REGARDLESS OF
3 THE FORM OF MEDICAL MARIHUANA STATED IN THE PATIENT’S CERTIFICATION;”

The legislation listed a wide variety of illnesses** for which a patient could be treated with medical marihuana. The patient could receive an amount up to (and possibly more than, if prescribed by the patient’s medical practicioner) two (2) ounces every thirty days. The final bill (which I can’t find posted yet, but I’ll update this when I do) may limit the qualifying illnesses

From the Long Beach, NY, Patch:

The bill does not allow for smokable marijuana, “which is important,” according to Cuomo. Sponsors of the bill favored smokeable varieties but Cuomo thought it would contribute to development of a gateway drug, according to the Wall Street Journal report.

Excerpt from the WSJ:

It would permit only doctors to prescribe marijuana, in forms including oil-based and vapor, to individuals with any of about a half-dozen conditions**, including cancer, AIDS, epilepsy and multiple sclerosis.

But it wouldn’t legalize smokable forms of the drug, making the effort much narrower in scope than many other medical-marijuana laws around the country. And it would allow the governor, upon recommendation by the state police superintendent or health commissioner, to suspend the program at any time.

The plan would make New York the 23rd state to legalize at least some forms of marijuana for medicinal purposes, and the second—in addition to Minnesota—to do so while also banning smokable forms.

Mr. Cuomo had said he wanted to curb marijuana’s potential to become a “gateway” drug, a worry shared by some Republicans—including the GOP leader in the Senate, Dean Skelos—whose votes were critical to the legislation’s success.

Stop right there, Governor Cuomo. Obviously you haven’t studied the issue enough if you believe it is a “gateway drug.” Particularly when you consider what the average age and condition of most of the “certified patients” will likely be, I doubt if any of them will be looking for a higher high. I would have to think that many of them have been treated with a variety of painkillers over the course of their illness, very strong and often addictive painkillers. So why would “smokable” marihuana be more “gateway”-ish than edible marihuana?

Let’s get back to the permitted illnesses, aka “serious conditions”, now down to “about a half-dozen.” **Here’s the list from the original legislation:

12 7. “SERIOUS CONDITION” MEANS A SEVERE DEBILITATING OR LIFE-THREATENING CONDITION, INCLUDING:
CANCER, POSITIVE STATUS FOR HUMAN IMMUNODEFICIENCY VIRUS OR ACQUIRED IMMUNE DEFICIENCY SYNDROME,
AMYOTROPHIC LATERAL SCLEROSIS, ALZHEIMER’S DISEASE, MUSCULAR DYSTROPHY, TRAUMATIC BRAIN INJURY,
DYSTONIA, PARKINSON’S DISEASE, MULTIPLE SCLEROSIS, DAMAGE TO THE NERVOUS TISSUE OF THE SPINAL
CORD WITH OBJECTIVE NEUROLOGICAL INDICATION OF INTRACTABLE SPASTICITY, EPILEPSY, WASTING SYNDROME,
CROHN’S DISEASE, POST-TRAUMATIC STRESS DISORDER, NEUROPATHY, RHEUMATOID ARTHRITIS, AND HUNTINGTON’S
DISEASE, OR A CONDITION ASSOCIATED WITH OR A COMPLICATION OF SUCH A CONDITION OR ITS TREATMENT,
OR ANY OTHER CONDITION THAT IS ADDED BY THE COMMISSIONER.

So now, most of those conditions cannot legally be treated with medical marijuana? That’s a shame for all of those patients who may have had their hopes up of being covered under this bill.

I’ll post the wording of the new bill as soon as I get it. In the meantime, here’s a couple of websites that I ran across that you may find interesting.

This is our daily open thread–what’s on your mind today?

54 thoughts on “The Watering Hole, Monday, June 23rd, 2014: NY State’s Medical Marihuana Bill

  1. Marijuana has been legal here in Colorado now for close to six full months, and believe it or not the sky has NOT fallen (although the climate does appear to be changing, probably not related to Mary Jane however). The only sign of increased craziness in Colorado is the fact that Cory Gardner, Wingnut Senate candidate, is running neck-and-neck against Liberal/Progressive incumbent Mark Udall. I doubt that particular craziness is assignable to legalized pot, however, since the entire of Wingnuttistan here was against pot’s legalization in the first place. suggests to me that the primary cause of crackpot-idity is definitely something other than Mary Jane, and we’d all be far better off to find the REAL cause of craziness and outlaw IT, not pot!

  2. There seems very little likely hood that Colorado is going to just roll over and give up all of the money generated by taxes from the sale of pot.
    Other states are starting to see that as a cash cow and they want some of the milk.
    Marijuana is a gateway drug and leads to a door.
    Yes, the door of the freezer that keeps Ben and Jerry’s ice cream readily at hand.

    http://america.aljazeera.com/articles/2014/6/20/pope-opposes-legalizationofmarijuana.html

    Really?

    And prostitution being illegal in most states has worked out so well too…

    Nature abhors a vacuum.
    If something is illegal, a black market emerges to fill the void.
    The police then wench and moan that they need more money to combat these evils.
    Take the money spent on enforcement and prisons and spend it on infrastructure and schools.
    Make all of that stuff legal.
    Everything. Coke, heroin, pot, all of that stuff.
    It’s a choice.
    Just realize that you won’t be hired for much of anything or allowed to operate a vehicle legally while under the influence.
    Actually, these laws already exist. Operating under the influence endangers others.
    Prohibition of alcohol worked out so well, didn’t it?
    Youtube is full of people doing stupid things with and without the influence of alcohol.
    If you want to drive nails into your forehead go ahead, I’m not stopping you.
    However, when you show up at the hospital with nails in your forehead, we will take pictures and laugh at you and probably put the pictures on the internet.
    Seriously, go after real criminals like ones on Wall Street or the Koch bros or BP.

  3. So Mario’s taking the ‘J’ out of joint? Fine. We seem to Anglicize every other Hispanic word, so go right ahead governor Le Petomane, and say hello to the ‘boys’ for me.

  4. 100% of declared chemical weapons materials destroyed or removed from Syria

    The Joint Mission welcomes the removal of the remaining 7.2 per cent of chemical weapons material from the Syrian Arab Republic. With this last movement, the total of declared chemical weapons materials destroyed or removed from Syria has reached 100%. The most operationally challenging task within the effort to eliminate the Syrian chemical weapons programme, has come to an end.

    In addition to the completion of the removal operation, the Syrian Arab Republic has destroyed all declared production, mixing and filling equipment and munitions, as well as many buildings associated with its declared chemical weapons programme. With the exception of twelve production facilities that are awaiting a decision by the Executive Council of OPCW, all of the declared Syrian chemical weapons programme has been eliminated in an unprecedented timeframe and under uniquely challenging conditions.

    So Obama got the WMDs out of Syria without US military intervention. I guess the right leader is in charge after all.

  5. Rand Paul drops the hammer on Cheney, Bush:

    Paul’s money quote from his WSJ op-ed:

    “I think the same questions could be asked of those who supported the Iraq War. You know, were they right in their predictions? Were there weapons of mass destruction there? That’s what the war was sold on. Was democracy easily achievable? Was the war won in 2005, when many of these people said it was won? They didn’t really, I think, understand the civil war that would break out.”

    • What’s with all these idiot gun owners who haven’t yet figured out that before you clean the damn thing you unload it? I swear, if an IQ of 50 or better was necessary to own a goddamn gun, there wouldn’t be more than ten guns in the entire freakin’ country.

    • Ever notice these gun cleaning incidents never hit the dog or the parakeet? Always the wives hanging around while macho is cleaning his gun. Somebody ought to do a study.

    • “Honey, come here. I want to clean my rifle. Now, sit right over there while I start… oops, I didn’t mean to shoot you in the head. It was an accident”

  6. Stephen Walt (paywalled) slams neocons but good:

    “One reason neoconservatism survives is that its members don’t care how wrong they’ve been, or even about right and wrong itself. True to their Trotskyite and Straussian roots, neoconservatives have always been willing to play fast and loose with the truth in order to advance political goals.

    We know that they were willing to cook the books on intelligence and make outrageously false claims in order to sell the Iraq war, for example, and today they construct equally false narratives that deny their own responsibility for the current mess in Iraq and portray their war as a great success that was squandered by Obama. And the entire movement seems congenitally incapable of admitting error, or apologizing to the thousands of people whose lives they have squandered or damaged irreparably.

    Like Richard Nixon or Silvio Berlusconi, in short, the neoconservatives keep staging comebacks because they simply don’t care how often they have been wrong, and because they remain willing to do or say anything to stay in the public eye. They also appear utterly indifferent to the tragic human consequences of their repeated policy failures. Being a neoconservative, it seems, means never having to say you’re sorry.”

    • See the Steve Benen tweet directly above for the reason why this keeps on working…

  7. Dispatches From the NCAA’s Deathbed – Charles P. Pierce

    There was one moment last Wednesday during the morning session in the trial of O’Bannon v. NCAA in which my head popped up like a Dalmatian in the backseat of a car. James Heckman, a Nobel laureate economist who was testifying on behalf of the defendants, was asked by Judge Claudia Wilken, the remorselessly efficient federal jurist who is presiding over the trial, to clarify something he’d said. Heckman had just answered a question about the central issue of the case: whether NCAA athletes like the plaintiff, former UCLA All-American Ed O’Bannon, have signed away the rights to their names, images, and likenesses to the NCAA based on its purported code of amateurism, and whether, by enforcing that purported code — even after athletes’ eligibility has ended — the NCAA has been acting in restraint of trade and in violation of antitrust laws. Wilken was curious about one point.

    “Are you saying,” she asked Heckman, skepticism edging every word like a razor, “that being paid for your name, image, and likeness is the same as being paid for the activity itself?”

    I nearly sprained my neck. Jesus, I thought to myself, this thing may have been over for weeks.

    You have to read a lot of this article to get what Pierce says is really at stake here. I have to head out to work. Somebody help!

  8. Correction of the Day. But hey, the Associated Press got the part right about them being children:

    “In stories published June 3 and June 8 about young children buried in unmarked graves after dying at a former Irish orphanage for the children of unwed mothers, The Associated Press incorrectly reported that the children had not received Roman Catholic baptisms; documents show that many children at the orphanage were baptized. The AP also incorrectly reported that Catholic teaching at the time was to deny baptism and Christian burial to the children of unwed mothers; although that may have occurred in practice at times it was not church teaching.

    In addition, in the June 3 story, the AP quoted a researcher who said she believed that most of the remains of children who died there were interred in a disused septic tank; the researcher has since clarified that without excavation and forensic analysis it is impossible to know how many sets of remains the tank contains, if any. The June 3 story also contained an incorrect reference to the year that the orphanage opened; it was 1925, not 1926,” – the AP.

    http://www.patheos.com/blogs/kathyschiffer/2014/06/associated-press-apologizes-for-its-coverage-of-the-irish-orphanage-story/

  9. John Oliver is the master of sarcastic political commentary. Watch all the way to the end, you won’t be disappointed!

      • He probably preys prays before surgery, which would make me slide off the table and do my best to wobble the hell out of there.

    • (she must have been sleeping through the babyBush years)

      My resolution? Air strikes. Bomb them, keep bombing them, bomb them again and again. And I don’t care how long it takes. Just take out ISIS, take out their convoys and take out those troops.

      Idiotic!
      She barks about ‘them coming for us’ – her remedy would certainly invite retaliation.

  10. Yes, Jane, they are really restricting its use, but the bright side is that you can get 2 ounces a month. With the stuff they are growing today, 2 ounces is a lifetime supply.

    And I love these folks who worry about a ‘gateway drug’. Mother’s milk has been the gateway drug for heroin users for a hundred years. Are the Republicans ‘manning up’ to ban that next?

  11. QOTD:

    If God requires me to tell Him anything he is not omniscient. If God requires me to do anything He is not omnipotent. In either case He, by definition, is not God.

    • I’m sorry, Lawrence. David Koch’s contribution to that hospital was less to him than the fiver I give the disabled vet guy at my neighborhood market.

  12. I’m drinking a ‘Bell’s Two Hearted Ale’, tonight. One might think the owner of the brewery is a fan of the Doctor.

    Bell’s Two Hearted Ale was inspired by a dance track from 1980’s artist Stacey Q, titled Two of Hearts.

    Oh well.

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