SPEAKER INTRO
My name is Erica Golter. I am the director of NH NORML. While I was coming through the NH law and
understanding what it is your committee is responsible for, I was building a survey of suggestions that
would help develop areas in your program.
I collected input from hundreds of respondents in the last 4 weeks, we found some interesting issues.
II. STATE DEFINED COMMITTEE ROLES
The New Hampshire State Law defines the role of the Advisory Committee revolves around creating rules
and regulations for the law and to make reasonable recommendations to the legislature, while collecting
data, and implementing rules giving effect to the laws.
III. PROTECTING PATIENTS
Even if patients get their eligible patient card today, they can’t obtain medical cannabis.
In order for patients to exercise their rights, they have to break the law.
1.
Based on what we've seen in other States with similar conditions, it is reasonable to assume that
there will be 5-10k new patients in the first two years while we’re waiting for dispensaries to open
for legal obtainment.
2. The NH State law says patients and caregivers can’t cultivate but they can acquire.
Pursuant 126-X:1 Definitions. XIII. "Therapeutic use'' means the acquisition, possession, cultivation,
preparation, use, delivery, transfer, or transportation of cannabis or paraphernalia relating to the
administration of cannabis to treat or alleviate a qualifying patient's qualifying medical condition or
symptoms or results of treatment associated with the qualifying patient's qualifying medical condition.
It shall not include:
(a) The use of cannabis by a designated caregiver who is not a qualifying patient; or
(b) Cultivation or purchase by a visiting qualifying patient; or
(c) Cultivation by a designated caregiver or qualifying patient.
3. Where do they acquire from?
4. It is illegal for anyone to sell it to them.
5. It is illegal to cross State lines.
6. Can't get in other States (legally)
V. NH STATE LAW WOULD CREATE FELONS AND PROMOTING BLACK MARKET
Because caregivers cannot grow, patients would have to travel out of state to obtain their medicine. Maine
has reciprocity, but this only means that they can have their own medical cannabis on their person, with a
NH Card. However, if patients cross state line with cannabis, they break federal law because they're
crossing state line which subjects them to DEA jurisdiction (federal).
Because patients cannot obtain medicine in a safe, legal way, we will either be creating thousands of felons
who would sell the medicine to caregivers and patients who need this medication to survive and/or prevent
suffering. Therefore, the law currently promotes development of a black market in New Hampshire because
thousands of people have to obtain it from somewhere. Are the patients expected not to be able to obtain
their medicine legally while they wait up to two more years for Alternative Treatment Centers ("ATC") to
open? This is unconstitutional, as seen in Nevada. To provide a law that allows for medical use of cannabis,
while simultaneously denying meaningful legal access is clearly unconstitutional.
VI. PATIENTS WILL RISK POOR QUALITY MEDICINE, DANGEROUS TO OBTAIN
Inconsistent and low quality cannabis that is dangerous to acquire will be the only option for New
Hampshire until Alternative Treatment Centers Open, which won't be for approximately 3 years.
For example, a legally qualifying cancer patient will have to obtain her medical marijuana by buying it
from the black market. There is no consistency, no proper strain for the specific ailment. There is no quality
control, and the marijuana may be laced with other drugs. And it is dangerous to obtain, because this cancer
patient will have to rely on seedy people - who are willing to break the law, and perhaps violate other laws.
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In order for people to exercise their rights, they are required to break the law. Some qualifying patients will
refuse to get a card before the ATC's open, and these people may die from their ailments before then.
VII. ATC’s WONT BE UP FOR 2 1/2 YEARS - MINIMUM
Not forgetting dispensary development barriers; barriers: cost of entry, cost of setup, location issues,
unreasonably low limits of product and availability versus demand, it will take time to develop ATC
regulations. During that time, patients will have no reasonable legal access to medicine and will be forced
to break the law or turn to the black market. ACT regulations to be completed in 18 months (end of 2014
just for regulations) Then there's the bidding process, and the implementation - the build out of the ATC,
setting up desks, computers, all of the plants. Much has to be accomplished before they can even start to
grow. Growing a single plant takes a minimum of 9 months to obtain a finished product.
VIII. SUGGESTION OF PATIENT/CAREGIVER GROW UNTIL DISPENSARIES OPEN
The State of Nevada violated constitutional rights of patients who could not obtain their medicine legally
until dispensaries opened. Then Nevada allowed caregiver/patient cultivation until the dispensaries opened,
suspending individual grows. Currently, Nevada law allows 7 plants, 4 seedlings, 3 mature plants. On
January 1, 2014, the number increases to 12 plants. Right to grow will remain law once dispensaries open if
a patient lives more than 20 or 25 miles from nearest dispensary or if the patient can prove they have no
transportation or way to get to a dispensary. This workable solution was implemented in Nevada.
Law Enforcement is not allowed to regulate medical marijuana, or prescription pills, or pharmacies. They
are specifically prohibited from being involved in the regulation of an ATC, as the law provides that they
are to be self-regulating. The current law provides that law enforcement is able to file a request to a judge
for a search warrant, upon reasonable suspicion or probable cause that a law is being violated. Adding a
provision that allows patients and/or caregivers to grow, still provides law enforcement a way to conduct a
search, should they obtain a search warrant.
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IX. SAMPLE PATIENT / CAREGIVER / DOCTOR APP
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SUPPORTING INFORMATION: PATIENT PROJECTION:
State population numbers are estimates from the US Census Bureau's 2011 data. Patient numbers were last
updated in December 2012.
Medical marijuana
patients
State
State population
# of patients per 1,000
state residents
1. Alaska
1,246
722,718
1.72
2. Arizona
33,601
6,482,505
5.18
3. California1
553,684
37,691,912
14.69
107,666
5,116,796
21.04
N/A
3,580,709
N/A
N/A
617,996
N/A
7. Delaware
21
907,135
N/A
8. Hawaii
11,695
1,374,810
8.51
16,444
1,328,188
12.38
N/A
6,587,536
N/A
11. Michigan
122,349
9,876,187
12.39
12. Montana
8,717
998,199
8.73
13. Nevada
3,558
2,723,322
1.31
14. New Jersey
239
8,821,155
0.03
15. New Mexico
8,188
2,082,224
3.93
16. Oregon
56,939
3,871,859
14.71
17. Rhode Island
4,466
1,051,302
4,25
18. Vermont
559
626,431
0.89
19. Washington6
99,943
6,830,038
14.63
4. Colorado
5. Connecticut
6. DC
2
3
9. Maine4
10. Massachusetts
5
Total: 1,029,315
United States
2,421,0698
Average: 7.777
311,591,917
7.77
1. California has voluntary registration (as opposed to mandatory registration in all other legal
medical marijuana states besides Washington). The Marijuana Policy Project estimated the number of
California patients based on Oregon's patients per capita.
2. Connecticut's medical marijuana registration program started on Oct. 1, 2012, so data are not
available yet.
3. DC's medical marijuana law took effect on July 27, 2010, but, as of Dec. 28, 2012, its registration
program does not yet exist.
4. Maine did not have a registration program until Dec. 31, 2010, when it began requiring patient ID
cards. As of Jan. 4, 2011, no statistics are available for the number of registered patients. The
Marijuana Policy Project estimated the number of Maine patients based on Michigan's patients per
capita.
5. Massachusett's medical marijuana program goes into effect on Jan. 1, 2013, and patient data is not
yet available.
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6. Washington does not have a registration program. The Marijuana Policy Project estimated the
number of Washington patients based on Oregon's patients per capita.
7. Two states (NJ, DE) have registration programs that took effect in late 2012 which is partially why
the number of registered patients in those states is comparatively low. Since our national projections
are based on the average of the 16 states with active registration programs, these two states lower the
average and thus lower the overall projection of medical marijuana patients
8. If the average number of medical marijuana patients per 1,000 residents in states with legal medical
marijuana is extrapolated to all 50 states (population 311,591,917 as of 2011, according to the US
Census Bureau), then the total number of medical marijuana users as of Dec. 28, 2012 would
theoretically be 2,421,069 [7.77/1,000 x 311,591,917 = 2,421,069].
[Editor’s Note: As of Dec. 28, 2012 we were unable to find any studies projecting the number of
medical marijuana users nationwide. Our national estimate of 2,421,069 may not be nor is it intended
to be scientifically or statistically sound. It is presented only to give a general reference point for
discussion of medical marijuana use in the United States. Please see the statement below from Jeff
Dang, MPH, for further critical discussion on the techniques used to create this estimate. Although
Mr. Dang's statement is based on our 2009 patient estimate of 577,712, the method we used in 2012
to estimate patients is the same.]1
1
http://medicalmarijuana.procon.org/view.answers.php?questionID=001199
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