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Federal officials ordered Maine to stop allowing some food stamp recipients to deduct medical marijuana expenses from their income for determining benefits, and to recover "overpayments" to those recipients.
"They told us it is not an allowable deduction and we have stopped allowing it," said Dale Denno, director of the Office of Family Independence. The agency oversees the Supplemental Nutrition Assistance Program, which is more commonly known as food stamps.
The deduction was limited to elderly and permanently disabled Mainers; others eligible for SNAP benefits did not get the deduction, he said. He said his agency does not know how many individuals are affected by the change, but he believes it is a small number.
Maine – along with New Mexico and Oregon – allowed the deduction because the states have laws allowing the use of marijuana for medical purposes. Denno said Maine allowed the deduction because Maine law requires a doctor's approval for the use of medical marijuana.
"Since the regulation talked about both prescription drugs and other medications approved by a licensed practitioner, it appeared to be encompassed in that broader definition," he said. "They now clarify that a household may not use the SNAP medical deduction for the use of medical marijuana."
States that were told to immediately stop allowing the deduction. "States that are not in compliance may face penalties," wrote Lisbeth Silbermann of the USDA's Food and Nutrition Service.
Denno said the SNAP program is funded by the federal government, and "they make all the rules." He said the records of all SNAP recipients that may have been affected by the change are being reviewed, and the state will adjust benefits to reflect the change.
"This will take a while, as we have to review each record," said Mike Frye, director of the state SNAP program. He said that while not many individuals would likely be affected by the change, identifying them and re-computing their benefits would be time consuming.
"Once again, this shows how out of touch the government is with its own citizens," said Paul McCarrier with the trade group Medical Marijuana Caregivers of Maine. The Maine law was the result of a citizen initiative that passed by a wide margin and has strong public support, he said.
The ruling affects groups such as the elderly and the permanently disabled who are known to use medical marijuana to alleviate chronic pain, McCarrier said. And they already are hurt by out-of-pocket costs for medicines, he said.
"These people need to continue to have access to the medicines they choose to use," he said.
McCarrier said the action by the USDA and the state shows how important it is for those who use medical marijuana to testify when the rule-making hearing is held later this summer for the state medical marijuana law.
What likely will anger many of the individuals that have been using the deduction is the requirement that the state seek to recover "overpayments" even though the state allowed the deduction. Denno said the state is required by the federal law to recover the funds.
"It just seems patently unfair of the USDA to tell the state to go after these funds," said U.S. Rep. Chellie Pingree, D-Maine. "If you qualify for SNAP benefits, you are just barely getting by."
Pingree serves on the House Agriculture Committee and has contacted USDA to express her opposition. She said an amendment disallowing the deduction had been included in the House version of the Farm Bill but that the USDA should wait for final congressional action on the issue before issuing the memo banning the deduction.
"I don't think this is fair to these people who were benefiting form this, and I don't think it is fair to the people of Maine who passed this law," Pingree said. "I supported the law, and I support a federal medical marijuana law."
The committee writing the final version of the Farm Bill has yet to complete its work.
News Hawk- TruthSeekr420 420 MAGAZINE
Source: sunjournal.com
Author: Mal Leary
Contact: How to contact the Sun Journal | Sun Journal
Website: Maine ends medical marijuana deduction for food stamps | Sun Journal
"They told us it is not an allowable deduction and we have stopped allowing it," said Dale Denno, director of the Office of Family Independence. The agency oversees the Supplemental Nutrition Assistance Program, which is more commonly known as food stamps.
The deduction was limited to elderly and permanently disabled Mainers; others eligible for SNAP benefits did not get the deduction, he said. He said his agency does not know how many individuals are affected by the change, but he believes it is a small number.
Maine – along with New Mexico and Oregon – allowed the deduction because the states have laws allowing the use of marijuana for medical purposes. Denno said Maine allowed the deduction because Maine law requires a doctor's approval for the use of medical marijuana.
"Since the regulation talked about both prescription drugs and other medications approved by a licensed practitioner, it appeared to be encompassed in that broader definition," he said. "They now clarify that a household may not use the SNAP medical deduction for the use of medical marijuana."
States that were told to immediately stop allowing the deduction. "States that are not in compliance may face penalties," wrote Lisbeth Silbermann of the USDA's Food and Nutrition Service.
Denno said the SNAP program is funded by the federal government, and "they make all the rules." He said the records of all SNAP recipients that may have been affected by the change are being reviewed, and the state will adjust benefits to reflect the change.
"This will take a while, as we have to review each record," said Mike Frye, director of the state SNAP program. He said that while not many individuals would likely be affected by the change, identifying them and re-computing their benefits would be time consuming.
"Once again, this shows how out of touch the government is with its own citizens," said Paul McCarrier with the trade group Medical Marijuana Caregivers of Maine. The Maine law was the result of a citizen initiative that passed by a wide margin and has strong public support, he said.
The ruling affects groups such as the elderly and the permanently disabled who are known to use medical marijuana to alleviate chronic pain, McCarrier said. And they already are hurt by out-of-pocket costs for medicines, he said.
"These people need to continue to have access to the medicines they choose to use," he said.
McCarrier said the action by the USDA and the state shows how important it is for those who use medical marijuana to testify when the rule-making hearing is held later this summer for the state medical marijuana law.
What likely will anger many of the individuals that have been using the deduction is the requirement that the state seek to recover "overpayments" even though the state allowed the deduction. Denno said the state is required by the federal law to recover the funds.
"It just seems patently unfair of the USDA to tell the state to go after these funds," said U.S. Rep. Chellie Pingree, D-Maine. "If you qualify for SNAP benefits, you are just barely getting by."
Pingree serves on the House Agriculture Committee and has contacted USDA to express her opposition. She said an amendment disallowing the deduction had been included in the House version of the Farm Bill but that the USDA should wait for final congressional action on the issue before issuing the memo banning the deduction.
"I don't think this is fair to these people who were benefiting form this, and I don't think it is fair to the people of Maine who passed this law," Pingree said. "I supported the law, and I support a federal medical marijuana law."
The committee writing the final version of the Farm Bill has yet to complete its work.
News Hawk- TruthSeekr420 420 MAGAZINE
Source: sunjournal.com
Author: Mal Leary
Contact: How to contact the Sun Journal | Sun Journal
Website: Maine ends medical marijuana deduction for food stamps | Sun Journal
