Last week, medical marijuana advocates gathered at Hostos Community College in the Bronx to voice their opinions on New York State’s Compassionate Care Act. Passed by state legislation in June 2014, hopes were high that the CCA could bring relief to New Yorkers with debilitating health conditions; however, advocates who gathered last week were in their clear agreement that the Compassion Care Act, well, sucks.
Because we like to find the flaws in things, we’ve broken down the various ways in which the Compassionate Care Act is lacking.
Drug Administration: No Smoking, No Special Brownies
Under the proposed regulations, medical marijuana will not be administered through traditional methods–smoking and edibles are explicitly prohibited. Of the 22 states in which marijuana is dispensed medicinally, Minnesota is the only other state to ban smoking as a route of administration.
In fact, medical marijuana will only be legally distributed via oral/sublingual administration, vaporization, oral capsules, or “any additional form and route of administration approved by the commissioner.” Thus, decisions about the most appropriate form of consumption for each special snowflake of a patient is left up to, not the patient’s attending physician, but rather the New York State Department of Health.
Not only is smoking the most common administration of marijuana, but the Department of Health’s prohibition of smoking and edibles can make it more difficult for low-income patients to receive treatment. Vaporization requires the purchase of a vaporizer, which any stoner can vouch to be a costly purchase.
Limited Eligibility: You’re Probably Not Getting A Prescription
Unlike other states–in which medical marijuana can be used to treat any number of diseases–the proposed regulations would limit one’s eligibility based on either the diagnosis of one of the following “specific severe debilitating or life-threatening condition(s):
- Cancer
- HIV/AIDS
- Parkinson’s Disease
- Multiple Sclerosis
- Amyotrophic Lateral Sclerosis
- Damage to the nervous tissue of the spinal cord with objective neurological indication of intractable spasticity
- Epilepsy
- Inflammatory Bowel Disease
- Neuropathies
- Huntington’s Disease
Or any complications resulting from other medical treatments that result in the following:
- Wasting Syndrome
- Severe/Chronic Pain
- Severe Nausea
- Seizures
- Persistent Muscle Spasms
…and, of course, “such conditions as are added by the Commissioner.”
Conditions for which medical marijuana is often prescribed–such as anxiety, insomnia, migraines, and depression, are not mentioned.
Limited Distribution Will Make It Nearly Impossible to Actually Get Your Medication
Under the CCA, only 20 dispensaries will be permitted to provide medicinal marijuana for the entirety of New York State. These dispensaries are to be run by five organizations, each of which can open four dispensaries. That’s one dispensary per 987,500 New York State residents.
In California–where I know from firsthand experience that it’s nearly always easier to find a 420 Health Clinic than it is to find a Del Taco–there are over 2,100 medical dispensaries: that’s one dispensary per 18,467 Californians; however, a Californian who is so inclined can legally grow their own cannabis pursuant to specific regulations. There’s no stipulations in the New York legislation for the legal cultivation of cannabis for personal use.
Advocates have introduced Resolution 418 in hopes of altering the bill to improve accessibility and cover more conditions, but there’s no telling what will happen at this point.
