Connecticut: Cornered, Committee Will Have To Approve Expansion Of Medical Cannabis

Robert Celt

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A key legislative committee has a dilemma. It has to approve legislation that some members vehemently oppose.

More than a year after Consumer Protection Commissioner Jonathan Harris confirmed the first of several new ailments to qualify for the state's medical-marijuana program, lawmakers next week have to do their jobs and endorse the expansion of patient eligibility.

The bipartisan Regulation Review Committee, which has dual Republican and Democratic co-chairmen, will meet on Tuesday and can delay action for 60 days. But after several public hearings last year, approval by the Board of Physicians that advises Harris, review by the department's lawyers as well the state attorney general, the new regulations are likely to be adopted.

The final examination of the proposed rules was performed by the nonpartisan Legislative Commissioner's Office. Its follow-up internal memorandum, a copy of which was obtained by Hearst Connecticut Media, found no substantive concerns with the proposals that could give lawmakers a solid reason, or even a political fig leaf, to delay action. It suggested a few words of bold-faced type and recommended approval of seven new ailments that would be added to the original 11.

Once the committee approves them, patients with diseases such as ALS, sickle cell disease and severe psoriasis will be immediately allowed to seek their doctors' consent to join the program, which was approved in 2012 when the General Assembly adopted a landmark pharmacy model that's one of the strictest in the nation.

Unlike most committee votes, no further action from state lawmakers would be needed before the regulations are expanded.

"We're confident that we have support on the Regulation Review Committee to pass these conditions," said Harris, a former state senator who served on the panel. "They were raised by the public, under the statutory petition process, which followed. Evidence was gathered, public comment solicited, there was deliberation by the Board of Physicians and by me, expert staff and attorneys here. Other lawyers reviewed them and more public comment was sought."

Harris's staff estimates that the expansion would result in 800 new patients this year and 1,200 next year, resulting in $120,000 in additional state revenue from the $100 annual fees.

"I'm fully confident that the regs before us next Tuesday will be approved," said Sen. Clark J. Chapin, R-New Milford, a co-chairman of the committee who voted in favor of the medical cannabis program, which has grown to 8,656 patients. Chapin spoke to Harris this week about the issues and is ready to support it.

But Sen. Paul Doyle, D-Wethersfield, a ranking member of the committee – who opposed the original medical cannabis program, but approved the subsequent regulation in the committee a year later – said he's not sure how he'll vote next week.

"This one expands upon the number of diseases and it really gives us an up-or-down vote," Doyle said in an interview outside the Senate chamber this week. "Some of the diseases, I think, may be appropriate. Some I don't think appropriate. It'll be a difficult vote for me. I'm concerned about the proliferation of marijuana in society and the impact on our youth."

Another ranking member, 14-term Rep. Arthur J. O'Neill, R-Southbury, said he also hasn't made up his mind.
"It's a pretty routine regulation at this point," he said. "There is still relatively little evidence that a lot of these diseases are helped by marijuana, but that's a policy decision that the Legislature has made that it wants to have this kind of option available to patients. So what we're talking about now is just working out the normal mechanical details."

The options are extremely limited on the committee, which has equal numbers of Democrats and Republicans.
"The Regulation Review Committee isn't really supposed to try to refuse to follow the policy set forth in the regulation," O'Neill conceded. "We are supposed to support the legislative intent. Were are not supposed to exchange the Legislature's views with our own. We can change a comma to a semicolon and correct spelling. We can't add something substantive."

Last year, a bill that would have promoted research on medical cannabis and allowed it for children, particularly those with an epilepsy that responds to less-psychoactive ingredients in the drug, failed in the final days of the General Assembly. Another provision would have allowed medical cannabis in hospitals and hospices. Those issues have been revived in bills awaiting hearings in the legislative Public Health Committee.

"Medical marijuana is an alternative to opioids and actually provides relief for people who live with pain and suffering," Harris said. "The program has been very successful."

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News Moderator: Robert Celt 420 MAGAZINE ®
Full Article: Connecticut: Cornered, Committee Will Have To Approve Expansion Of Medical Cannabis
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