Pubdate: Sat, 07 Jan 2017
Source: Baltimore Sun (MD)
Copyright: 2017 The Baltimore Sun Company
Contact:  http://www.baltimoresun.com/
Details: http://www.mapinc.org/media/37

STATE PANEL OKS MEDICAL MARIJUANA RULES

[photo] Maryland's medical marijuana program cleared a key hurdle Thursday
as a state panel approved draft rules to govern the new businesses. (Erin
Cox/Baltimore Sun)

Maryland's medical marijuana program cleared a key hurdle Thursday as a
state panel approved draft rules to govern the new businesses.

The medical marijuana commission set license fees for growers and
dispensaries -- at rates among the highest in the country -- and developed
rules for patients to obtain the drug in either a smokable or liquid form,
among other new regulations.

While the rules must clear bureaucratic hoops, Thursday's vote marks a
significant milestone for patients who have waited years for the state to
act. The panel has at least twice delayed approving the regulations, which
were due nearly two months ago, and the decision comes during the state's
second attempt in as many years to create a viable medical marijuana
system.

The drug is not expected to be available to patients until 2016.

The panel did not create rules for the sale of edible marijuana products
such as brownies and lollipops, saying such regulations were too
complicated to draft in the time available.

Advocates for the long-delayed program have complained that the panel's
planned license fees for growers and dispensaries are too high and might
scare away small entrepreneurs. The commission decided Thursday to keep
the fees as proposed.

Medical marijuana is one step closer to being available in Maryland.

"We want to make this a success for the state of Maryland, not a failed
program because we had inadequate financing," said the commission
chairman, Dr. Paul W. Davies. "We want to get this program up and running,
and we want to get marijuana in the hands of patients. We want to have
growers happy, we want to have dispensers happy."

Davies said members decided they needed to make sure the commission has
the resources it needs to oversee a highly regulated industry. The
proposed two-year license fees -- $125,000 for growers and $40,000 for
dispensaries -- are higher than any other state's except Illinois.

With Maryland's proposed licensing fees for growing and selling medical
marijuana among the highest in the nation, some advocates warn that the
steep costs could drive off applicants, crippling the nascent program and
limiting access to treatment for tens of thousands of state residents.

With Maryland's proposed licensing fees for growing and selling medical
marijuana among the highest in the nation, some advocates warn that the
steep costs could drive off applicants, crippling the nascent program and
limiting access to treatment for tens of thousands of state residents.
(Timothy B. Wheeler)

The panel said the fees had to be high enough to make the program
self-sufficient, which is a condition the General Assembly put on the
program.

While some advocates have contended that the fees are too high, others see
them as necessary to get the program off the ground.

"Would I like to pay $10,000? Gosh yes," said John Murphy, a flower farmer
on the Eastern Shore who wants to start a marijuana-growing operation.
"But this doesn't seem like too much for what we have to do."

John Pica, an Annapolis lobbyist who represents investors planning to
build a dispensary and growing operation in Baltimore, said his clients
dropped their objection to the "stiff fees" after talking with
consultants.

"You can still be successful in Maryland because it's a highly regulated
state," Pica said. "With only 15 growers, and the perceived demand, there
may be plenty of business to go around."

Thursday's vote sends the regulations to Maryland Health Secretary Dr.
Joshua M. Sharfstein and the state's attorney general for review before
they are officially proposed. Another public review of the regulations
must take place before they are formally adopted, a process expected to
take at least a few more months.

It will be up to the next health secretary, to be appointed by Republican
Gov.-elect Larry Hogan, to give final approval to the rules.

Hogan has said he would not talk about his administration's policies until
after his Jan. 21 inauguration. A Hogan spokeswoman, Erin Montgomery, said
Thursday the governor-elect "has said on the campaign trail that he
believes some patients do benefit from medical marijuana."

Maryland struggled for years with how to create a medical marijuana
program. A law that finally passed in 2013 relied on academic centers to
distribute the drug, but none volunteered. This year, state lawmakers
recrafted the program to allow certified physicians to recommend marijuana
to qualified patients.

"Medicinal marijuana needs to be implemented in Maryland yesterday," Dr.
William J. Alloway, chair of the Maryland Hemp & Cannabis Business
Association, said in a statement. "Every day, I have to tell patients
seeking to safely reduce pain and inflammation that Maryland is still not
ready."

The law calls for 15 growers and an unspecified number of dispensaries to
be opened across the state. The Natalie M. LaPrade Medical Marijuana
Commission, named for the late mother of a state legislator, also approved
rules for training physicians and the amount of marijuana a patient can
pick up in a month.

The commission is charged with not only crafting the rules to govern
buying and selling marijuana, but overseeing the industry once it's up and
running.

Davies, the commission chairman, said he plans to take a day off Friday
before diving into the next stage: creating an IT system to manage patient
and dispensary information, hiring inspectors and staff, and setting up
applications for growers and dispensaries. Davies said applications should
be ready by the middle of next year.
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