Over the next several weeks, lawmakers will tackle several key issues in the ongoing regulation of medical marijuana in Colorado. On Wednesday, the Colorado Department of Public Health and Environment (CDPHE) will be holding a public rulemaking hearing regarding two issues: amendments to how new conditions are petitioned in and defining the indigency standards for discounted application fees.
It appears as though the state is set to determine new conditions only by peer reviewed, randomized controlled trials on humans. Since marijuana remains a schedule 1 drug federally, the top scientists and universities in the U.S. cannot run any clinical trials to establish the efficacy of medical cannabis. When we at The Releaf Center suggested that the CDPHE should also consider any conditions approved in other medical marijuana states, such as PTSD in New Mexico, we were informed that this seemed unlikely to be added. The committee chair and chief medical officer for the CDPHE, Ned Calonge, simply won’t budge.
In terms of indigency requirements, there has been a recent groundswell from MMJ activists to have fees reduced and allow for broader standards of who an indigent patient is. For more details, see the press releases we heartily agree with from CTI and Sensible Colorado.
CTI:
For immediate release: October 18, 2010
CTI Demands Board of Health Lower Medical Marijuana Patient Fee
Public Hearing on Indigent Standard on Wednesday
Contact Cannabis Therapy Institute
1-877-420-4205
{Denver} — The Cannabis Therapy Institute has sent a letter to the
Colorado Board of Health demanding that they lower the patient fee of $90
to $10 for all patients and is encouraging patients and supporters to
attend the Board of Health public hearing this Wednesday to testify in
favor of lower patient fees.
The annual patient registry fee was initially set at $90 after Amendment 20
passed in 2000 based on the estimate that only a few hundred patients a
year would use the registry. However in the past year, there have been over
100,000 new applicants, far surpassing the original estimate upon which the
$90 fee was based.
On Wednesday, the Board of Health will hold a public hearing to address two
rulemaking changes regarding the medical marijuana program. The Board will
make changes on how new debilitating medical conditions are added to the
list of qualifying conditions. The Board will also discuss setting a
standard for indigent patients for the purposes of waiving the $90 annual
application fee.
Despite intense lobbying by Sensible Colorado and other groups to the Board
of Health to set a reasonable standard for indigent patients, the Board of
Health’s proposed rules would only allow patients to qualify for indigent
status if they are “over 65, blind, disabled (according to rigid SSI
standards), or whose net income is less than $903 a month and on food
assistance.”
http://sensiblecolorado.org/
CTI is encouraging patients, caregivers and other advocates to contact the
Board of Health and demand that they lower the patient fee to $10 for all
patients. Article XVIII, Section 14 (3) (i) of the Colorado Constitution
(Colorado’s Medical Marijuana Amendment) clearly states that the medical
marijuana Registry fees shall only go to pay “any direct or indirect
administrative costs” of the program. This language was included precisely
because the authors wanted to prevent the government from charging
exorbitant fees to patients. The fees were only meant to cover the costs of
the program.
The Registry fund currently has a surplus of over $9 million and there is
at least another $6 million in uncashed checks in applications that have
yet to be processed. In August, Colorado Governor Bill Ritter expressed his
intention to steal $9 million out of the patient registry fund and transfer
it to the state’s General Fund to help alleviate budget shortfalls in other
areas of government.
http://www.cannabistherapyinstitute.com/news/ritter.steal.cashfund.html
The Constitution states that they registry fees are only for administrative
costs of the program. If the Board of Health will not act to stop the
illegal diversion of money out of the patient fund, they must act
immediately with emergency rules that lower the patient fees to $10 to
prevent the surplus of money from continuing to increase. The Board of
Health is illegally charging fees in excess of those necessary to run the
Registry program. This theft of patient money must end.
WHAT YOU CAN DO:
1) Attend the public hearing and testify for a lowering of patient fees for
all patients
Date: Wed., October 20, 2010
Time: 9:30 am
Sabin-Cleere Conference Room
Colorado Department of Public Health and Environment
Bldg. A, First Floor
4300 Cherry Creek Drive South, Denver, CO 80246,
Click here for full meeting agenda:
http://www.cdphe.state.co.us/op/bh/agendas/BOHOctober20AgendaAPPROVED.pdf
2) Submit your comments in writing. By law, the Board of Health must accept
all written comments up to the time of the public hearing.
Colorado Board of Health
4300 Cherry Creek Drive South EDO-A5
Denver, CO 80246-1530
FAX: 303-691-7702
E-mail: cdphe.edobohcomments_indigencystandards@state.co.us
Send a copy of any correspondence to: info@cannabistherapyinstitute.com
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This press release was written by the Cannabis Therapy Institute’s Patient
Advocacy Project.
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