Pilot program would limit medical marijuana use

A two-year pilot program to establish a medical marijuana distribution center aims to treat patients and crack down on abuses that have led to more than 500 people under age 21 receiving marijuana prescriptions in Hawaii County alone, a state senator said.

Senate Health Chairman Sen. Josh Green (D, Milolii-Waimea) added that as many as half of the prescriptions on the Big Island were going to recipients under the age of 30.

“As a physician I find (it) pretty hard to wrap my mind around,” said Green, who also is an emergency room doctor. “I’m not talking about someone who’s born with a terrible degenerative condition and just had to have any kind of medical solution. I’m talking about people with common injuries.”

Under the pilot program proposed in Senate Bill 1458, medical marijuana prescriptions would be limited to patients suffering from multiple sclerosis, cancer, HIV, AIDS and/or glaucoma. It would establish a “compassion center” for distribution on an island where the Department of Health determines there is the greatest need, based on the number of prescriptions.

The proposal is scheduled for a vote in a joint House-Senate conference committee tomorrow. Both sides must agree on the bill before it can advance to a final floor vote.

Rep. Ryan Yamane, lead negotiator for the House on the bill, said members have expressed concerns on not specifying the location site for the distribution center.

“We do feel that there are certain areas that probably would be able to enhance the success of that facility,” said Yamane (D, Waipahu-Mililani). “If we’re going to actually look at this as a true pilot program, we want to make sure we get accurate and valid information.”

Under current law, qualifying patients may possess an “adequate” supply of marijuana limited to a total of three mature plants, four immature plants and one ounce of usable marijuana per each mature plant.

Medical marijuana: City leaders subpoenaed over farm

Folks in this dusty little delta town have never shied away from a fight.

They've got a doozy on their hands right now.

Sacramento County District Attorney Jan Scully has subpoenaed the entire city brass, from the police chief, mayor and city manager on down to former planning commissioners, to testify today before a grand jury - or possibly face jailing.

The reason? Isleton's leaders are being summoned because they approved a medical marijuana farm on the edge of town that Scully thinks in some way could violate state law, which would in essence make them a bunch of dope dealers.

At least that's how the city brass is reading the subpoenas.

This is a city that last drew headlines for liberally issuing concealed-weapons permits to anyone who asked. Over the past 16 years, it has also managed to rebuff seven scathing grand jury reports, including one in 2008 that called for the city to disband on the grounds that it was in "a state of perpetual crisis."

The district attorney's latest insinuations have residents spitting mad.

"I guess you couldn't print the kinds of words some people are using around here, but let's just say I have never seen anything like how the district attorney is treating us - it's over the top, downright hostile," said City Manager Bruce Pope. "We're not going to just take it lying down."

He said he and the other dozen people ordered to testify today in Sacramento intend to refuse to talk.

Taking the Fifth

"Oh, we'll show up because we legally have to, but we are going to plead the Fifth," Pope said, referring to the Constitution's Fifth Amendment, which protects citizens from testifying on matters that incriminate themselves. "If the district attorney has a problem with medical marijuana, maybe she should just arrest herself, because the county already has dispensaries it's collecting money on, and the county pays her salary."

Scully's spokeswoman, Shelly Orio, said her office has no comment. But a curt letter to the City Council that preceded the April 13 subpoenas said Isleton's decision to establish the pot farm probably "violates state and federal statutes" and could lead to charges against all local officials associated with it.

Orio wouldn't say how many subpoenas were issued, but townsfolk guess at least a dozen went out.

'We want to remain a town'

The flap is the biggest thing in years to hit this low-income city of 800 people.

Isleton - about 15 miles northeast of Antioch, alongside the Sacramento River - is happily known for its annual crawdad/Cajun festival, great striped bass fishing, Old West Chinese heritage, and a quaint main street of 1920s-era buildings, several of which used to be whorehouses and gambling halls. But it's also drawn an outsize number of headlines, considering the city's size, for unpleasantries, including five recall elections and the grand jury probes for everything from the weapons permits to financial irregularities at City Hall.

The city's budget is balanced today only because Pope - hired four years ago to clean up the sloppy books that led to the '08 probe - laid off nine people, which was most of the municipal staff. That brought the City Hall workforce to five full-time employees, including Pope.

One of those is the city's lone police officer, hired last week. The Fire Department is all volunteer. Two-thirds of the businesses on Main Street are shuttered.

"We are one of the smallest towns left, and we want to remain a town, so we need this money from that marijuana farm," said lifelong resident Christine Lubner, 45. "We've all asked around, and nobody can tell me what the problem is.

"We are anything but dull here, sure, but why can't they leave us alone?"

MT lawmakers OK marijuana bill in initial votes

The state House and Senate gave initial approval Tuesday to a bill that would overhaul Montana's medical marijuana industry -- spelling the likely demise of the state's multimillion-dollar pot industry.

The measure negotiated by a conference committee appears to be on track for passage after Tuesday's 34-16 vote in the Senate and 72-28 vote in the House. If it passes a final vote, Senate Bill 423 will then head to Gov. Brian Schweitzer's desk.

Schweitzer hasn't indicated whether he would sign or veto the overhaul measure, but has suggested something could be done to control the marijuana industry. In a budget deal with Republican leaders reached Friday, Schweitzer added funds to the state budget for medical marijuana contingent on the passage of the overhaul bill.

The measure carried by Senate Majority Leader Jeff Essmann, R-Billings, aims to do away with the state's profitable marijuana industry and replace it with a grow-your-own system. Under the bill, the drug would be given to patients free of charge on compassionate grounds and it would limit a provider to three patients. There is no limit now.

The proposal would likely lead to a significant reduction of the state's overall users, which was nearly 30,000 people at the end of March.

Schweitzer already has vetoed the Republican-backed plan to repeal medical marijuana use in the state, saying it went against the will of the voters who approved the law in 2004 to help seriously ill Montanans.

Montana's number of marijuana users has grown by nearly 10 times since 2009. The growth has some worried that the large marijuana use will attract federal action against the drug the U.S. government deems addictive, dangerous and illegal.

Several medical marijuana businesses were the target of federal raids last month, and a letter from U.S. Attorney for Montana Michael Cotter issued last week said the prosecution of businesses that sell marijuana is a core priority of the Department of Justice.

But lawmakers disagree on the best way to control such a growth industry.

Supporters say the overhaul bill reins in massive marijuana grow operations that are endangering the state's public safety by attracting gang activity and youth use.

Opponents say the proposed system is too restrictive, would deny the drug to patients in need and may force both buyers and sellers to dealing on the black market.

During the debate of the issue Tuesday, many supporters said the bill was a compromise measure to significantly reduce the pot industry without doing away with it entirely, many Republican lawmakers' preference.

"If we let this go any longer we will have 50-, 60-, 70,000 people on it," said Sen. John Brenden, R-Scobey, about the fast growth rate of marijuana users.

Sen. Jim Shockley, R-Victor, agreed, saying the bill was a necessary harness on an out of control industry, acknowledging opponents' criticisms of how strict the measure could be.

"Are people not going to get treatment that need it? Yes. But on the other hand people who shouldn't be using it aren't going to get it," Shockley said.

Opponents of the bill took issue with the feasibility of the proposed system that requires goods to be grown and transferred to consumers for free. A number of lawmakers said the drug trade would be driven to the black market or leave the elderly without a provider to turn to.

"In the final analysis, I don't think this is an open enough system to really help the people that I think are out there who really, truly are benefiting from medical marijuana," said Sen. Cliff Larsen, D-Missoula.

Sen. Mary Caffero, D-Helena, said the bill rules on producing marijuana products and powers given to law enforcement were "disconnected from reality" and the bill was "riddled with absurd provisions" that could put patients at risk.

"This bill is aimed at making it less legitimate, less safe and therefore less quality," said Caffero.

Nebraska lawmakers to debate tobacco bill

A bill that would help Nebraska collect its share of money from a legal settlement with four major U.S. tobacco companies is set for legislative debate.
The bill by Grand Island Sen. Mike Gloor is designed to help the state secure its part of the health care money from the 1998 settlement. Lawmakers could vote on the proposal as early as Wednesday.

At issue is $46 million that the companies have not fully deposited into Nebraska's health care cash fund. Tobacco manufacturers have not yet paid the amount because they claim the state has not collected from companies that were not part of the settlement, but still required to put their money in escrow. The bill specifically mentions smaller tobacco companies run by American Indian tribes.

Tobacco, alcohol, fat have huge health impact

The World Health Organisation (WHO) published a report on Wednesday on chronic, or non-communicable diseases -- which include diabetes, cancer and respiratory and heart diseases.

A large percentage of NCDs could be prevented by reductions in their four main behavioral risk factors -- tobacco use, physical inactivity, alcohol and unhealthy diets, the WHO said.

Here are some details about those risk factors and the toll they exact on human health:

Almost 6 million people die from tobacco use each year, both from direct tobacco use and second-hand smoke. By 2020, this number will increase to 7.5 million, accounting for 10 percent of all deaths.

Smoking is estimated to cause about 71 percent of lung cancer, 42 percent of chronic respiratory disease and nearly 10 percent of cardiovascular disease.

EXERCISE

Approximately 3.2 million people die each year due to insufficient physical activity. People who do not take enough exercise have a 20 to 30 percent increased risk of dying prematurely.

Regular exercise reduces the risk of cardiovascular diseases including high blood pressure, and of diabetes, breast and colon cancer and depression. Insufficient physical activity is highest in high-income countries, but very high levels are now also seen in some middle-income countries specially among women.

ALCOHOL

Around 2.5 million die each year from the harmful use of alcohol, accounting for about 3.8 percent of all deaths in the world. More than half of these deaths occur from NCDs including cancer, cardiovascular disease and liver cirrhosis. While adult per capita consumption is highest in high-income countries, it is also high in populous upper-middle-income countries.

POOR DIET/OBESITY

At least 2.8 million people die each year as a result of being overweight or obese. Risks of heart disease, strokes and diabetes increase steadily with increasing body mass index (BMI). Raised BMI also increases the risk of certain cancers.

Eating healthy amounts of fruit and vegetables reduces the risk for heart disease, and stomach and colorectal cancer.

Most populations consume much higher levels of salt than recommended by WHO; high salt consumption is a key risk factor for high blood pressure and heart disease.

High consumption of saturated fats and trans-fatty acids is also linked to heart disease. SOURCE: WHO global status report on non-communicable diseases (Compiled by Kate Kelland)

Senate takes up bill to lower NH tobacco tax

A pack of smokes could get cheaper in New Hampshire under a bill being considered by the state Senate.

The Senate votes Wednesday whether to lower the cigarette tax a dime.

The bill has already passed the House to drop the tax from $1.78 per pack to $1.68. Supporters argue it will help businesses gain customers from across the border where cigarettes cost more.

But critics say New Hampshire can't afford to lower taxes at a time when services to the poor are being reduced.

Dems hold cigarette tax hearing

Democrats in the Idaho House vaulted a majority-party stonewall on Monday, holding an informational hearing on their proposed cigarette tax legislation after being denied an official House hearing.
The bill, which was not given a number because it has not been officially introduced, would increase the state tax per pack by $1.25, to $1.82 per pack. According to the bill's fiscal note, it would provide $50 million in additional revenue to the state's general fund.

Rep. Wendy Jaquet, D-Ketchum, said the intent is to use the money to offset the cost of smoking-related illnesses to the state Medicaid program. Medicaid has been cut by $39 million for fiscal year 2012, resulting in a total loss of $108 million to the program because of lost federal funding.

Michelle Long, a nurse at the Veterans Affairs Medical Center in Boise, said she supports the tax, which she said would take aim against the "human cost" of smoking.
As a nurse, Long said, she saw many veterans who suffered from smoking-related chronic obstructive pulmonary disease, a category of lung diseases that includes emphysema and chronic bronchitis.
'These patients suffocate to death," she said. "The human cost [of smoking] is a significant factor that needs to be addressed."
However, not all those who testified at Monday's informational hearing spoke in favor. Andrea Jackson, president of the Meridian-based chain of service stations called Jackson Food Stores, said the tax was unfair and would put a dent in the chain's sales.

"About 25 percent of our inside sales come from tobacco," Jackson said, adding that the profit margin was already "very low" on cigarettes.
Jackson also argued that such a tax would discriminate against smokers.

Lawmakers debate tax hike on cigarettes, alcohol to raise revenue

The tax on a $10 cigar would rise from $3 to $5.50 under a bill debated in the Nevada Legislature on Tuesday.

The tax on a bottle of wine would inch up 6 cents, according to Assemblywoman Peggy Pierce, D-Las Vegas, who has introduced a package of bills to raise taxes.

Pierce told the Assembly Taxation Committee that Nevada is in its worst economic situation in 70 years and there are major cuts in education and other social services that she couldn't support.

“The state will be devastated if we do not raise revenue,” Pierce said.

She got support from a variety of health groups, including the American Lung Association, the American Heart Society, March of Dimes, Nevada Cancer Institute and the American Cancer Society.

But representatives from convenience stores, cigar businesses, and the cigarette and liquor industry argued such a tax hike would result in lower collections of revenue and hurt the economy.

Michael Frey testified he operates six stores that sell cigars in Las Vegas. If this tax is passed, he testified he would have to close four of the stores and lay off 35 of his 50 employees.

Peter Krueger, representing convenience stores and cigar businesses, argued that when taxes are raised, the tax revenue actually declines. He said such a tax hike would result in an "Internet black market" of cigarettes and liquor.

He acknowledged Nevada might need increased revenue and he said he would back a tax on services as long as it is not filled with exemptions.

Amy Bealieu of the American Lung Association said the proposed 80 cent increase on a pack of cigarettes would bring in an additional $63.4 million a year in taxes, while the proposed hike on other tobacco products would produce an additional $5.8 million.

Committee Chairwoman Marilyn Kirkpatrick, D-North Las Vegas, said Assembly Bill 333 would generate $235 million over the next two fiscal years.

Tom McCoy of the American Cancer Society said the last time cigarette taxes were raised was in 2003. An increase would mean a reduction in smoking, he said.

Other health representatives argued it would cut down on teen smoking and cut medical costs in Nevada.

Assemblyman John Ellison, R-Elko, suggested an increase in liquor taxes would have a big effect on the casino industry, where resorts sometimes give free drinks.

But Pierce noted that no casino representatives appeared at the Legislature to testify.

AB333 would raise the tax on a pack of cigarettes to $1.70 and the tax on hard liquor would increase from $3.60 to $4.50 per gallon. The tax on wine would jump from 70 cents to $1 per gallon; the beer tax would rise from 16 to 25 cents a gallon and cordials would be raised from $1.30 to $1.75 per gallon.

The committee didn't take action on the bill.

Single Cigarette Sales: Hot New Growth Industry?

Cigarettes weren't always sold in packs of twenty. Besides rolling your own, it used to be you could walk into almost any deli across town and buy a single smoke or two ("loosies" if you will). Over the years, thanks in no small part to pressure from cops, the sale of loosies in delis has decreased dramatically.

Though we still see them around in certain neighborhoods, they're few and far between. But with packs at $12 or more in New York, is it any surprise that the loosie street trade is booming? To the point that the Times was able to find one loosie vender, Lonnie "Loosie" Warner, who is selling 2,000 smokes a day, mostly two at a time.

Not that there aren't occupational hazards. Apparently the police refer to Lonnie Loosie as "fish," because he is so easy to catch. In four years of selling cigarettes Warner has been arrested nearly 15 times. “When they need a body to arrest, they come pick me up.”
Luckily people seem to like him. "He’s like the goodwill ambassador of Eighth Avenue. And when he comes into court, he says hello to everybody,” one Legal Aide lawyer reported.

Still, to keep those arrests down, Warner (who previously spent 13 years in jail) and his partners have turned their trade into a tobacco version of the classic drug deal, down to having "six eyes on this block.” One upside to their business? No drugs. “We don’t allow people to sell drugs on this block,” he told the paper of record. “We just don’t allow it.”

And who is buying enough smokes at one for $.75 and two for $1 on the street that Warner will soon be able to buy himself health insurance? A little bit of everyone from people looking to save a penny to people who swear they are quitting (we guess they missed their chance at free patches?).

As smoking becomes more and more regulated (and more and more expensive), the appeal of loosies only seems to grow.
Maybe street hustlers will start selling organic homegrown tobacco like Audrey Silk smokes. Meanwhile, we just want to point out that in this New York Times story the photograph of Lonnie Warner doing his thing features him in a Daily News sandwichboard.