Jenn Michelle Pedini

Virginians with a variety of medical issues are hoping the state will make it easier for them to access medical marijuana.

RICHMOND, Va. — As other states have relaxed their laws against marijuana, citizens across Virginia gathered here Saturday to discuss how to persuade the General Assembly to legalize medical and recreational marijuana in the Commonwealth.

About 150 people, including health care providers and attorneys, attended the Virginia 2019 Cannabis Conference, held by the Virginia chapter of the National Organization for the Reform of Marijuana Laws.

Virginia NORML advocates decriminalizing possession of marijuana and regulating medical and recreational-use production and sales of the substance.

Members of NORML are hopeful after Gov. Ralph Northam voiced support for decriminalizing possession of small amounts of marijuana during his State of the Commonwealth speech on Wednesday, the first day of the General Assembly’s 2019 session.

“We want to keep people safe. But we shouldn’t use valuable law enforcement time, or costly prison space, on laws that don’t enhance public safety,” the governor said in his speech. “Current law imposes a maximum 30 days in jail for a first offense of marijuana possession.”

So far, lawmakers have proposed six bills to decriminalize simple marijuana possession. For example, HB 2371, sponsored by Del. Steve Heretick, D-Portsmouth, and HB 2373, by Del. Lee Carter, D-Prince William, would legalize marijuana for Virginians 21 and older and have the state operate retail marijuana stores. Under such proposals, Virginians under 21 who are caught with marijuana would have to pay a civil penalty.

Most attendees at the conference, held at the Delta by Marriott hotel, seemed particularly interested in medical marijuana and how to access it without traveling to another state.

Lorene Davidson of Richmond works in anesthesia as a nurse practitioner. She came to the conference because of her ongoing struggle with antidepressants, which she found were bad for her liver.

“I’m looking mostly for a way to find out more about getting a medical card and furthering getting that taken care of,” Davidson said.

As a speaker at the event, Melanie Seifert Davis of Richmond shared the story of her 10-year-old daughter Madison, who was diagnosed with ependymoma brain cancer in 2014.

“Although I’m not new to the world of cannabis, I’m brand new to the world of cannabis reform,” Davis said.

Madison is on four different cannabis-based products including CBD, THC, THCA and FECO (full extract cannabis oil) to help with seizures and the cancer itself, Davis said.

“Today and for every tomorrow I’m given, I will fill seven capsules with high doses of four different cannabis medications and watch as Madison swallows each one,” Davis said. “Science, research and experience in my heart all know that it can and will and has helped her.”

At the conference, Davis said the family recently received good news about Madison’s cancer: Four of the five tumors were gone.

“Cannabis is an important and essential part of why she is still here and still her, five years into this battle for her life,” Davis shared. “Cannabis is why she has never, not even once, suffered from the nausea, vomiting or seizures that are expected side effects of her chemo.”

Not only does Davis’ daughter suffer from cancer, but her son, Aiden, has Crohn’s disease. Aiden also uses cannabis to ease the pain of everyday life, Davis said.

“I fight because when I told my son about today, the first thing he said with legitimate fear in his voice was, ‘Mom, you can’t tell them those things. You can’t tell them about Maddie’s medicine. Cannabis is illegal. I need you; you can’t go to jail,’” Davis said.

Madison has been on cannabis products since June 2017. Davis said she gets Madison and Aiden’s cannabis from a licensed doctor in California.

Jenn Michelle Pedini, the executive director for Virginia NORML, said progress had been made in getting the state to expand access to medical cannabis.

According to the Virginia Board of Pharmacy, patients and their legal guardians can register to obtain such products if they have a certification issued by a physician.

“In 2016, we passed a bill that let us go forth and write a regulatory program that was based on Connecticut’s then-program, which was also low-THC, extraction-based products only and served to a small set of patients,” Pedini said.

In 2018, the General Assembly passed a law allowing practitioners to issue certifications for the use of cannabis-based products to alleviate symptoms “of any diagnosed condition or disease determined by the practitioner to benefit from such use.”

The Board of Pharmacy has given approval to pharmaceutical companies to open five dispensaries across the state where CBD and THC-A oils will be sold to authorized patients.

Del. Glenn Davis, R-Virginia Beach, has filed a bill (HB 2245) to double the number of medical cannabis dispensaries.

Written by Madison Manske, Capital News Service. Image via Facebook

In spirit of the new year, Norfolk’s office of the Commonwealth Attorney took the “new year, new me” goal to unprecedented heights. In line with Virginia’s continuing push for cannabis decriminalization, Norfolk’s Commonwealth’s Attorney, Greg Underwood, said in a letter addressed last Thursday that he will largely stop prosecuting people for possession of marijuana.

The letter’s intent is to establish a new directive for the year; it was forwarded to judges, city and state leaders, and criminal justice/public safety colleagues, according to a press release by Virginia NORML.

“The Office already does not prosecute these cases; however, some come to the office as misdemeanor appeals or when attached to felony charges or misdemeanor charges the Office handles,” Underwood wrote in the letter. “The Office will cease prosecuting all misdemeanor marijuana possession cases and will move to nolle prosequi or dismiss such cases that fall within our purview.”

According to Virginia NORML, marijuana arrests in Virginia increased 20% between 2016 and 2017. They expect that over $100M will be spent on enforcing marijuana prohibition across the Commonwealth, “with nearly 28,000 Virginians arrested for marijuana-related crimes.” According to the same release, Mr. Underwood has already established his stance on cannabis; last fall, at a Virginia NORML-sponsored panel discussion, he stated, “I support legalizing marijuana.”

Jenn Michelle Pedini, executive director of Virginia NORML, was impressed by Underwood’s initiative. “The fruits of Mr. Underwood’s leadership on marijuana possession prosecution can be seen in Commonwealth’s Attorney races throughout Virginia,” she said. “On the 2018 campaign trail, Chesterfield Commonwealth’s Attorney Scott Miles embraced a more progressive approach to enforcement than his predecessor or challenger. This year, three Northern Virginia Commonwealth’s Attorney candidates are echoing Mr. Underwood’s policy, pledging not to waste taxpayer resources prosecuting simple misdemeanor marijuana possession.”

The General Assembly approved the use of cannabidiol oils in 2018, but Virginia is still currently one of 20 states that bans both recreational and medicinal marijuana use. But it seems attitudes are changing. “It’s time for the Virginia General Assembly to take legislative action to decriminalize marijuana,” Pedini said. “Seven out of ten Virginians favor fines, not crimes, for possession of small amounts of marijuana for personal use. In the absence of such action, we can expect to see municipalities and Commonwealth’s Attorneys leverage the powers they do have when it comes to enforcing marijuana prohibition.”

The City of Norfolk officially endorsed marijuana decriminalization in 2018 and has already added it to the docket for the General Assembly in their 2019 legislative agenda. SB 997 sponsored by Senator Adam Ebbin (D-30), would decriminalize small-time possession of cannabis by adults and instead issue tickets; $50 for first violation, $100 for a second violation, and $250 for a third or subsequent violation.

The Virginia 2019 Cannabis Conference & Lobby Day starts in Richmond this Saturday, January 12th, and continues on to the 14th. The conference will feature expert speakers on the Virginia’s emerging hemp industry, medical cannabis, and marijuana law reform. For more information or to register, click here. For more information on Cannabis reform in Virginia or to keep up with the conversation, visit the Virginia NORML site.

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