New York lawmakers are pushing back against state officials on the delayed implementation of updates for the medical cannabis program.
Regardless, state officials say they will hold off on all changes to the medical cannabis program until the state forms a new control board.
In March, lawmakers passed the Marijuana Regulation and Taxation Act. It not only legalized recreational cannabis but also updated the existing medical program. The Act added new eligible conditions and left the decision to prescribe marijuana products to a practitioner. This includes conditions like insomnia and anxiety.
The law, known as MRTA, had many provisions that went into effect immediately. One of which was legalizing the possession of small amounts of marijuana and authorizing medical dispensaries to sell the whole cannabis flower.
The state Health Department interprets the new law differently than what legislatures intended. The department said that the delays will continue for many of the additions until after the state forms a regulatory board. This includes physicians’ ability to prescribe medical marijuana for the benefit of any condition. This interpretation is getting pushback from the legislators.
Intentions vs. Interpretations
The Department of Health spokeswoman Jill Montag said in a statement, “changes to the medical cannabis program are subject to the issuance of new regulations that will be undertaken following the creation of the new Cannabis Control Board and Office of Cannabis Management.”
New York issued a pamphlet informing residents of the medical changes in the new Act. It did warn people that the changes will not immediately take effect. “Regulations and changes to administrative infrastructure will need to be developed before these changes can take effect,” according to the pamphlet.
Senator Liz Krueger spoke out about this interpretation, saying that she disagrees. Sen. Krueger is the Senate’s chief sponsor and champion of the bill. In addition, she spoke with Sen. Diane Savino, who was a part of the 2014 medical marijuana law. Reports indicate that they both are considering addressing the governor’s office directly.
She did say that the new recreational industry will need to wait for regulators, but some of the medical cannabis updates are as simple as adjusting some paperwork.
“It should not be a problem to expand the category of illnesses covered by medical marijuana because that has been done from the beginning by the Department of Health without rules or regs,” Krueger said. She added that it is an aspect of the bill that should not require new regulation in terms of the whole flower for medical purposes.
Slow Changes for Medical Cannabis Program
Likewise, industry leaders who followed the bill’s adoption are surprised by the slow pace of changes to existing structures.
“Those changes in the MRTA were written by legislators with the intent that they would take effect immediately,” said Ngiste Abebe, president of the New York Medical Cannabis Industry Association and director of public policy at medical cannabis provider Columbia Care. “There’s so many things that we know have to get rolled out. And this is one thing that could be done now and in a straightforward way.”
Dr. Kenneth R. Weinberg is a specialist in certifying patients for medical cannabis use. He founded Cannabis Doctors of New York and is excited about the changes. He is hoping patients can take advantage of the additions soon.
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