Pubdate: Wed, 28 Aug 2013
Source: Day, The (New London,CT)
Copyright: 2013 The Day Publishing Co.
Contact:  http://www.theday.com/
Details: http://www.mapinc.org/media/293
Author: Johanna Somers
Page: A1

MARIJUANA REGULATIONS APPROVED

Legislative Panel Oks Rules on Sale for Medical Use

Hartford- The General Assembly's Regulations Review Committee 
approved regulations Tuesday covering who produces, dispenses and 
purchases medical marijuana.

Shouts and cheers rose from the audience as Sen. Andres Ayala, 
D-Bridgeport, announced that the regulations had been approved after 
a voice vote.

Tracey Gamer- Fanning of West Hartford, who suffers from brain cancer 
and turned 43 Tuesday, said this was the best birthday present ever.

"I am not a criminal. I have a card that says I am allowed to use 
medical marijuana and I have wanted people to understand what this 
meant," Gamer-Fanning said. She said she is a mom and had a career 
and never thought she would get brain cancer at age 36.

She said taking medical marijuana stops her from having tremors, 
seizures and unbearable amounts of pain, sadness and fear. It means 
she doesn't have to take medications such as oxycodone and morphine, 
which she said caused her to throw up and kept her in bed away from her family.

Legislators on the committee discussed the latest version of the 
state Department of Consumer Protection's regulations, which were 
more than 70 pages long, for about three hours. The regulations spell 
out the criteria for marijuana producers, dispensary facilities, 
physicians, caregivers and patients. The regulations as passed 
include pages of corrections requested earlier this month by the 
Legislative Commissioners' Office, which provides legal counsel to 
the General Assembly.

David Kimmel, president and founder of Vintage Foods Limited in 
Ledyard, said he has discussed applying for a license from the 
Department of Consumer Protection. He would not say where in 
Connecticut he might build the production facility because of 
concerns about diversion or theft. Kimmel has had a career in the 
food and beverage industry and said he designs health and wellness products.

A licensed production facility would have the responsibility of 
operating an indoor facility to grow the marijuana, as well as 
package, label and deliver the product to a dispensary facility. 
Kimmel said he looked into the medical marijuana industry five years 
ago in California and Colorado but decided that if he was going to be 
a player in this industry, he wanted to be "squeaky clean."

Legislators and officials at the meeting discussed how medical 
marijuana is less regulated in Western states and said Connecticut is 
following the East Coast model, which provides many more controls.

"I don't want to get anywhere near the recreational piece, regardless 
of my personal feelings," Kimmel said. "It is not about that. SowhenI 
came back home, I said this is virgin territory, this has not been 
tainted by the recreational piece."

In order to attract serious businesses to apply, the regulations 
require a producer to put $2 million into an escrow account, letter 
of credit or surety bond made payable to the state if the 
commissioner of Consumer Protection deems necessary.

The consumer protection department will issue at least three but no 
more than 10 producer licenses. Factors in the selection will include 
the location-including proximity to any place used for worship, a 
school or a charitable institution- and whether the site is 
considered detrimental to public interest.

The regulations also detail how the state will manage dispensaries or 
medical marijuana stores that will operate like pharmacies. 
Applicants for dispensary facilities will have to provide a detailed 
description of any other services the dispensary will be operating at 
the facility, how it will maintain adequate control against theft, 
details of any felony conviction or criminal conviction related to 
controlled substances and permission for the department to conduct a 
background check.

Dispensary facilities will not be able to obtain marijuana from 
outside of the state. The dispensary may cultivate, deliver or sell 
only marijuana purchased from a Connecticut producer and may sell it 
only to a qualifying patient or primary caregiver.

Illnesses that a qualifying patient might suffer from include cancer, 
glaucoma, positive HIV or AIDS status, Parkinson's disease and 
multiple sclerosis, among others.

Several legislators brought up concerns about the state law and 
regulations coming into conflict with federal law, which has not 
legalized medical marijuana.

A June memorandum from the state attorney general notes that under 
the Controlled Substances Act, the cultivation, distribution and 
possession of marijuana is a federal crime and that the U.S. Supreme 
Court, in Gonzales v. Raich in 2005, held that Congress by way of the 
Commerce Clause of the Constitution may prohibit local cultivation, 
sale and use of marijuana.

But the memorandum also notes that the Supreme Court has not yet 
addressed whether federal law pre-empts state laws that permit the 
cultivation, distribution and possession of marijuana for medical use.

State Sen. Len Fasano, RNorth Haven, said state employees will be at 
risk of a federal lawsuit along with the commissioner, who would be 
signing off on licenses for producers and permits for dispensary facilities.

He said the state is basically waving a "cape in front of a bull" and 
saying, "Come and get us."

Lawyers from the attorney general's office said Tuesday there is no 
guarantee that state employees or legislators would not be sued, and 
that arguments can be made for and against the constitutionality of 
state medical marijuana laws.

Robert W. Clark, a lawyer in the attorney general's office, said the 
10th Amendment to the Constitution provides some protection in its 
provision that powers not given to the federal government and not 
prohibited to the states go to the states or people.

Courts in some states have ruled that laws authorizing large-scale 
cultivation and distribution of marijuana would create an obstacle 
for federal law enforcement efforts while other state courts have 
ruled that a law establishing a highly regulated scheme would not 
create a significant obstacle, the memorandum says.

Consumer Protection Commissioner William M. Rubenstein said people 
should be comforted by the amount of regulation. The production and 
sale of medical marijuana is self-funded through a fee structure, the 
product fulfills its duty to patients and the regulations prevent 
abuse, he said. There are strict controls on advertising and how 
people become qualified patients.
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MAP posted-by: Jay Bergstrom