Pot Patients Object to Potency Caps

Medical marijuana patients, producers and drug policy advocates continue to question why state health regulators want to limit the THC potency of cannabis-derived products, like edibles and butane hash oil.

They had hoped an independent hearing examiner who listened to public comments at three open meetings last year would recommend the department drop its THC content cap altogether.

Instead, the examiner, Susan Hapka, agrees with the department’s decision to increase potency limits 10 percent—from 60 percent to 70 percent. That finding is among a report delivered to the department and released to local media this week.

"It's a step in the right direction," says patient Ben Barreras, adding that the cap appears to him to be an arbitrary number.

"What science are they basing this on?" Barreras asks, noting that he "won't stop fighting, testifying and protesting" the limit.

Some of Hapka’s other recommendations have been more

.

For example,

of Drug Policy Alliance of New Mexico staff, Hapka has recommended program managers drop proposed fingerprint and other patient biometric identification requirements, since no procedures for collecting or storing the information had been defined.

Several growers tell SFR they're pleased that Hapka listened to their concerns about plant moisture levels. She has recommended maximum allowable moisture content be increased from 10 percent to 15 percent.

Jason Marks, an attorney who represents a group of licensed producers, said he’s still reviewing the recommendations, but has some lingering concerns.

“I’m disappointed that there are a lot of issues that affect patients and patient rights that we, and other people, brought up that weren’t addressed in the examiner’s report,” says Marks.

He points to the two-doctor rule that requires patients with post-traumatic stress disorder and chronic pain to get the approval from at least two clinicians before submitting their program registration documents or applying for annual renewals.

“If this goes into the final rules, the patients are going to be denied the full benefits that they are entitled to under the law,” says Marks.

Hapka does recommend the Department of Health set up hearings for any person or primary caregiver who is denied a state-issued registration or personal grow license.

After listening to producers and patients

, medical program managers had

to more than two dozen other proposed rules, including the number of plants licensed patients would be allowed to grow at home and dropped criminal background screenings for personal growers.

Paul Livingston, who has sued the department on behalf of several producers in the past, says rulemakers appear to be more concerned about the diversion of “legal” pot.

“The proposed rules continue to treat marijuana as something to be strictly controlled and restricted, rather than efficiently produced and distributed,” says Livingston, who prefers citizens have the opportunity to create a “free and open market that benefits everyone.”

Livingston contends the program needs a drastic revision, not just new rules.

For now, a spokesman for the Department of Health says they are in the process of reviewing Hapka's report and confirms there is still not a time frame for finalizing and publishing the new rules, which are also expected to include new plant limits for licensed growers. A survey in October 2013 documented serve

around the state.

Santa Fe Reporter