Lawmaker floats stricter Rx ‘pot’

If proposals fail, he says, bill would allow low-THC strains

A Northwest Arkansas lawmaker on Monday promised that if voters defeat two ballot proposals legalizing the use of medical marijuana, he’ll offer legislation next year that would allow doctors to prescribe certain strains of the drug.

State Rep. Dan Douglas, R-Bentonville, said it is time the Arkansas Legislature takes steps to offer some leeway in legalizing the medicinal benefits of cannabis.

During a news conference announcing a coalition of 84 lawmakers who oppose Issues 6 and 7, Douglas said his proposal would allow doctors to prescribe certain strains of marijuana containing low volumes of tetrahydrocannabinol, or THC, and higher concentrations of cannabidiol.

Cannabidiol, Douglas said, is believed by some to have medicinal value in alleviating symptoms of seizures and epilepsy. THC is what gets a user high, Douglas said.

According to the 10-page draft legislation that Douglas called a hybrid of Georgia and Texas laws, smokeless cannabidiol could be prescribed to patients diagnosed with one of 10 conditions, most of which would have to be determined to be severe or endstage. The law is tentatively titled the Compassionate Use Act of 2017.

“If we don’t address compassionate care, we’re doing a disservice to the citizens of our state,” Douglas said, after referring to an ad run by supporters of Issue 6 featuring a mother who says cannabidiol helped cure her infant daughter’s seizures.

Monday’s news conference was organized by Arkansans Against Legalized Marijuana, a coalition of groups opposed to both issues. The group released a list of Republican and Democratic lawmakers who oppose the measures, according to Family Council President Jerry Cox. The council’s Action Committee, which is part of the coalition, reserved the Old Supreme Court room at the state Capitol for the event.

Cox said he had gotten wind of Douglas’ proposal last week, but only learned of the representative’s announcement plan shortly before Monday’s event started. Still, Cox said it was an “added bonus,” and said the Family Council would support the legislation.

The backers of Issues 6 and 7, including those who had worked on a failed attempt to get voters to pass a medical marijuana law in 2012, were quick to denounce the lawmaker’s proposal as an attempt to undermine support for the current ballot issues.

Issue 6, the Arkansas Medical Marijuana Amendment, has passed legal challenges and was approved for the ballot by the Arkansas Supreme Court. Issue 7, Arkansas Medical Cannabis Act, still has a pending lawsuit challenging signatures gathered during its petitioning process.

“It’s too little, too late,” said David Couch, the backer of Issue 6. “We came close in 2012, and nobody did anything in four years. Now on the eve of the election, on the first day of early voting, they throw out some sort of proposal.”

Melissa Fults, the campaign director of Arkansans for Compassionate Care, said Douglas’ proposal would help only a small percentage of the patients who could be prescribed medical marijuana under Issue 7, which she supports. The proposed act lists at least 55 conditions as qualifying for marijuana treatment.

While high concentrations of cannabidiol are good for some patients, Fults said, others need the benefit of THC.

“With seizure disorders, [Douglas’ proposal] would be fine, to a degree,” Fults said. “But the whole purpose for cancer patients using [medical marijuana] is to have high THC to help cure their nausea.”

Both Fults and Couch were a part of Arkansans for Compassionate Care’s 2012 effort to legalize medical marijuana. Couch later split from the group due to disagreements over a “grow-your-own provision” that was eventually included in Issue 7. Should both measures fail, Couch and Fults said they would be open to working with lawmakers to improve the legislation, but Fults said she would not support the narrow definition of medical marijuana under Douglas’ proposal.

Sen. Jeremy Hutchinson, R-Little Rock, began Monday’s news conference by saying he personally felt there was some medicinal value to cannabis. Later, Rep. Douglas House, R-North Little Rock, said Republicans had been hesitant to enact some form of legalization after they gained the majority in the Legislature in 2013.

“Because the ballot issue had failed previously, even though by a fairly narrow majority, I don’t think there was the political will to try to do something,” House said. “I think in the coming up four years, since there has been a change in the political parties, I think you’re beginning to see some consensus on what we do need to do.”

Both said they supported Douglas’ legislation, and expected to see Issues 6 and 7 receive a similarly close vote to 2012.

Douglas said he believes his proposal would take away the incentive for pro-medical marijuana groups to make further attempts at getting the drug legalized by voters. However, if either of the ballot measures pass, he said the legislation would be a “moot point.”

Should voters pass medical marijuana, Hutchinson, the chairman of the Senate Judiciary Committee, said it would be up to lawmakers to adhere to that decision.

“As legislators, we will do everything we can to implement it, to structure a system which it can work best for the people of Arkansas,” Hutchinson said. “But we have grave concerns, and we want to make sure that the voters of Arkansas are aware of what’s actually on the ballot and not just a general concept of whether or not they support medical marijuana.”

Medical marijuana as defined by Douglas’ draft proposal would contain at most one-half percent THC and at least 10 percent cannabidiol. Patients would have to get a prescription from a doctor with whom they have an existing relationship, or to whom they were referred by their regular doctor.

The proposal would require both doctors who prescribe cannabidiol and patients who receive it to enter an online registry run by the Department of Health that contains their names, birthdays, dosages and information about when they last received the drug.

Because the federal government classifies marijuana as an illicit drug, even strains containing low THC and high amounts of cannabidiol cannot be sold at pharmacies and would be sold at dispensaries licensed by the Department of Health.