MEDICAL MARIJUANA ISSUES

By Ward 2 Alderman Jim Martin

The Mississippi Medical Cannabis Act was signed by the Governor on February 2.  The Act legalizes medical marijuana cultivation, processing and sale statewide, unless a county or city opts out.  A county or city has 90 days from the February 2 enactment to decide whether to opt out.  The opt out date is May 3.  A city or county may opt out of any one or more of the cultivation, processing and/or sale.

The Board of Aldermen voted to opt out at the April 5 meeting to further review the issues.

Interestingly, the Act requires the Department of Health and the Department of Revenue to create rules and regulations for medical marijuana.  The rules and regulations must be in place 120 days after passage of the Act.  Therefore, the rules and regulations could be disclosed and implemented up to 30 days after the deadline for a city or county to decide whether to opt out.

The Act permits cities and counties to enact ordinances pertaining to medical marijuana that are not inconsistent with the Act or the rules and regulations.  The local ordinances may address time, place and manner.

On the April 13 date that this article is written, a draft of some rules and regulations were posted a few days ago for public comment on the DOH website but have not been adopted.

Clearly the Board of Aldermen did not have sufficient time to review, prepare and consider an ordinance concerning time, place and manner that is not inconsistent with rules and regulations that have not been adopted, even if rules and regulations are adopted prior to the May 3 deadline to opt out.

Additionally, a new ordinance or changes to a present ordinance requires that the proposed ordinance be noticed, including publication in the newspaper for 30 days prior to the Board of Aldermen voting on it.  Some ordinances also require a public hearing prior to passage.

If Clinton had opted in prior to the Board of Aldermen creating and adopting an ordinance when sufficient information is known, anyone who obtains a license prior to the enactment of the ordinance will be “grandfathered in”.  Therefore, Clinton would have some licensees that have to follow the ordinance and some licensees grandfathered in who do not have to follow the ordinance.

With the Board of Aldermen opting out, it can opt in later, at any time.  If we had not opted out before May 3, there is no opportunity to opt out later.

What are the issues?

First, what is not an issue is sympathy for those in need of pain relief.  The questions arise whether medical marijuana is the wonder drug some purport it to be and do the benefits outweigh the risks.  The illegal use and distribution of recreational drugs is dangerous and problematic.  Care needs to be made to ensure that medical marijuana does not exacerbate problems with illegal drug use and distribution.

What makes the issues regarding medical marijuana complex are that marijuana is a Schedule 1 substance under the Controlled Substances Act.  It is not FDA approved for medicinal purposes.  If medical marijuana was FDA approved, it simply would be sold at pharmacies.  No need for complicated state and local laws.  What an effort is being made to circumvent the Controlled Substances Act and FDA approval.

The Act permits a city to adopt an ordinance addressing “time, place and manner”.  These terms are general terms without defined parameters. Care must be taken to avoid conflict with the Act and the rules and regulations.

How many Clintonians will be eligible for a medical marijuana card and how many will apply?  How much marijuana would be needed?  Should every convenience store in town be allowed to have a cannabis corner?  Should dispensaries be stand alone operations?  Should there be hours of operation?

Are there public safety concerns that need to be addressed?  Distinguishing between legal and illegal marijuana is difficult.  I know of no law enforcement officer that is not concerned about the effect of legalized marijuana on the illegal drug trade.  Our police chief has met with the Board of Aldermen and expressed extensive concerns.  He recommended and urged the Board of Aldermen to opt out while carefully monitoring and considering the issues.  Keeping Clinton safe is a primary endeavor.  Clinton is one of the safest cities in Mississippi.  It is imperative that we remain so.

While licensing, regulations and monitoring is primarily an obligation of the State, are there measures that a city ordinance can implement to assist in assuring that excess marijuana is not exiting the back door of a cultivator or dispensary?  These are just some of the issues for consideration with an ordinance.

Several media sources refer to the research facility at Ole Miss that has studied marijuana for over 50 years.  Most of the references have been general and have not mentioned that such study has had important limitations.

I found interesting and informative an article about the recent opening of the National Center for Cannabis Research and Education (NCCRE) at Ole Miss. (Clarion Ledger – 03/01/22 – “Research center opens – UM to study the benefits and risks of marijuana”).  For over 50 years, the National Center for Natural Products Research (NCNPR) at Ole Miss has been the only academic institution with federal approval to cultivate and provide standardized cannabis products for scientific study.   NCCRE is a new related entity.

The NCNPR research at Ole Miss over the past 50 years has been limited to laboratory research on cannabinoids.  Barriers to clinical research have been insurmountable.  Clinical research is application/testing on humans.  “We’re trying to understand dosing, potential benefits, side effects, irritation, things that might be observed in patients or subjects that are taking the drug.”  NCCRE wants to understand more about marijuana and about some of the potential benefits and risks.  Marijuana is frequently used to relieve conditions such as chronic pain, muscle spasms and nausea.  But scientific research to understand how, why and what doses should be used has been stymied by federal laws.  “If smoking marijuana relieves cancer pain, how much does it take, what doses, what are the risks associated with that?”

Smoking the marijuana has been a concern.  “But even if you’re doing a clinical study on a capsule of THC you have to know what you’re giving them, and the FDA has to understand how you made it and how you know it’s stable.”

Marijuana is a Schedule 1 substance under the Controlled Substances Act.  The Drug Enforcement Agency says it has “a high potential for abuse”, and there is “no currently accepted medical use in treatment in the United States”.  Despite growing public support for medical marijuana, the lack of clinical testing is a concern.  “The history of it is so compelling that there are legitimate medical benefits.  But like any drug, just understanding doses, the long-term benefits, and risk consequences, understanding that well, we’re just kind of beginning with this.”

While the 50 years of research has enabled extensive study of the marijuana plant, medicinal testing on humans is just beginning.

There was much discussion about the testing and approval of the COVID vaccine.  Some questioned the safety of a vaccine that had not gone through the normal (and lengthy) testing process prior to FDA approval.  Medical marijuana has not gone through the FDA testing and approval process.

One of my primary concerns about the medical marijuana law is the smoking aspect.  I do not know of any medication where the delivery method is smoking.  Other medications are delivered in a number of ways – shots, pills, liquids, ointments, sublingual (dissolves in mouth without having to swallow), and a number of other ways.  There appears to be a delivery method for every other medication and every other patient condition, without smoking.  If one cannot swallow a pill, use a liquid or sublingual, etc.

I wonder how delivery by smoking will be clinically tested.  How many puffs per ailment?  How deeply does one need to inhale?  How long should it be held before exhaling? How much is lost by second hand smoke?

It baffles me why medical marijuana was not limited to pills, chewable gummies, other edibles or ointments.  The dosages could be monitored in such delivery methods.

While the Board of Aldermen is not tasked with testing and prescribing, these issues need to be evaluated.

Initially opting out for further review of the Act and the rules and regulations and having the opportunity to work on an ordinance was the most prudent way to proceed.  The initial opt out for further consideration and review should not be a concern for those in favor of medical marijuana in Clinton.  It should only be an indication that your Mayor and Board of Aldermen are carefully considering the issues in a manner to determine what is best for Clinton.

The opinions expressed in this article are mine and not reviewed by the Mayor or Board of Aldermen.

Jim Martin

Alderman Ward 2