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Legislature

Senate Committee approves medical marijuana bill

Brandon Moseley

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Wednesday, the Senate Judiciary Committee gave a favorable report to a bill that would allow Alabama residents to obtain medical marijuana on an 8 to 1 vote. Senate Bill 167 was sponsored by State Senator Tim Melson, R-Florence.

SB165 would create a tightly regulated network of state-licensed marijuana growers, dispensaries, transporters, and processors. Patients would have to get a recommendation for the drug from their physician. Only physicians who have received the approved training would be able to dispense the cannabis-derived treatments. There would be no smokable products allowed and consumer possession of marijuana in its raw natural form would remain illegal in the state.

Sen. Melson is a retired anesthesiologist who now works in medical research.

“I would not have carried this bill three or four years ago,” Melson said. But there is a growing body of medical evidence that there are medical benefits.

Melson said that while this bill does have provisions for growing and processing marijuana in states there is also, “An option for it to come from outside.”

Melson said that under this bill we will know what is being grown, being processed, and reaches the consumer. The medical association will recommend the training and the education component for the physician. Patients will be issued a medical cannabis card. “The card will not be good in other states.”

Melson said that Alabama dispensaries will not accept out of state medical cannabis cards except one time a year they can get a one-time emergency order. The number of dispensaries will be limited to 34 total. Patients will be allowed to get just a 70-day supply. There is no smoking and no vaping. People in rural areas will have to go far to get one of the dispensaries. There is a, “Balancing act between convenience and safety. There are fifteen qualifying conditions.”

Rick Hagans is a minister with Harvest Evangelism, which runs Christian rehabs for both men and women drug addicts.

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“The gateway that led to methamphetamines and opioids began with marijuana,” Hagans said. “We have found in forty years of work that it is a gateway drug.”

Hagans dismissed the medical benefits claims, “Medical profession said the same thing with opioids. I ask that you proceed with caution and concern. I get tired of burying your sons and daughters,”

“Thank you for giving us Leni’s Law, but it is not enough,” Christie Kaine said. “I am the Mother of a child with intractable epilepsy. We know from our research that there are other cannaboids that can help with Hardy’s condition, but they can not be used in Alabama due to the level of THC. If Hardy did not live in Alabama he could be seizure-free.

Caleb Crosby with the Alabama Policy Institute said, “It is a real issue and something has to be done about it. Our concern is unintended consequences.”

Crosby said that Republicans, “Run on small government, but this does the opposite.”

“We still have a litany of laws carried over from Prohibition one hundred years ago,” Crosby said. “You will not be able to get rid of all of these regulations and taxes.”

Cynthia Atkinson’s husband was longtime WSFA meteorologist Dan Atkinson, who was also on the Weather Channel.

“Dan had Parkinson’s for ten years,” Atkinson said. “The last five years he suffered from tremendous pain.” He had excellent doctors at the Mayo Clinic and Kirklin Clinic. They did their best.” Dan was prescribed Oxycodone, hydrocodone, lorazepam, and as he got progressively worse morphine. We learned that Israel has been studying cannabis since the 1950s. In 2015 we went to Colorado.” He used patches with 10 mg of CBD and 10 mg of THC. The leg cramps went away. We wanted to bring it back but couldn’t because of the law.

“The opioids and synthetic drugs were racking his body,” Mrs. Atkinson said. Dan passed away in 2017. I can’t help but think that if we lived in another state he could have lived to see his son graduate from Auburn and join the Space Force.

Captain Clay Hammac commands the Shelby County Drug Task Force

“Just because we do not put medical in front of marijuana does not make it medicine,” Capt. Hammac said. Under Alabama law, we already have Leni’s law and Carly’s law and there are cannabis-based medications that have been approved by the FDA.

Hammac warned that this was an “Incremental step toward the decriminalization of a multi-$billion industry. This bill should be before the Health Committee instead of the Judiciary Committee.”

“Law enforcement was never invited to the table to share our experience,” Hammac said of the Alabama Medical Cannabis Study Commission.

“A Harvard medical researcher was brought to the commission and virtually laughed out of the room,” Hammac said. “I stand with our Attorney General.”

Hammac blast the “casual way” that this has been handled.

“The reason this is before the Judiciary Committee instead of the Health Committee is that this is the most deliberative thorough committee in state government today,” Judiciary Committee Chairman Cam Ward, R-Alabaster, said. “That nature of the people on this Committee is why this is here.”

“The State has no authority to usurp federal law,” Hammac said.

“I want to make sure that everybody understands where I come from,” Dustin Chandler said. “My daughter Carly obtained CBD oil through Carly’s Law. My daughter was able to get relief through the CBD oil. Studies show that medical cannabis has medical benefits for many people.”

Lori Herring said, “I have been a nurse for 30 years.”

Herring said that the American Academy on Pediatrics opposes the legalization of cannabis. The American Medical Association does not endorse medical cannabis. The Multiple Sclerosis Society can not recommend cannabis as a treatment.

“The side effects, system effects, and long term side effects are not clear,” Herring said. “It has not been shown to be medically effective and could be dangerous. “It has only been approved for two severe forms of epilepsy. We don’t know what a pediatric dose, an adult dose, or a geriatric dose would be.”

Herring warned that marijuana can cause nausea and vomiting unrelieved by current nausea medication and has resulted in death. Legalization has led to increased emergency room visits, paranoia, schizophrenia, and psychotic breaks.

“The marijuana today is more addictive than marijuana in the past,” Herring said. “Legislators should not be taking the place of scientists.”

Dr. Alan Shackelford of Colorado said, “I have seen 25,000 patients in my practice in the last ten years. I doubt you will find anybody who has as much experience with patients than I do.”

Shackelford said that Marylin was a helicopters pilot in Iraq who was shot down and had severe injuries and PTSD did not have a job rarely left her house and now has a job at the VA helping other veterans and is married

Shackleford said that Mason is age 68 and has Parkinson’s. He could not move now he plays baseball and is a deacon in his church. He also said that he treated Charlotte, a girl with Dravet Syndrome with tremendous effect and now she is a healthy twelve-year-old.

“Not all of them are as dramatic as these,” Dr. Shackelford said. Arthritis, autism, PTSD, cancer, pain, Parkinson’s, chemotherapy-related nausea can all be treated with cannabis.

“The people of Alabama deserve the same access to treatment as people in 33 other states,” Dr. Shackelford concluded.

“A number of amendments have been worked out in the last couple of weeks,” Ward said.

The amendments were added and Ward advised Melson to incorporate all the amendments into a substitute to introduce when the bill is on the Senate floor.

The most notable amendment dealt with workmen’s compensation. An employee who is injured or killed on the job is ineligible to receive compensation if his death or injury was due to the employee’s impairment under medical cannabis.

SB167 received a favorable report on an eight to one vote.

 

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Marsh’s budget hearing compared to revenge porn

Bill Britt

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Senate President Pro Tem Del Marsh, R-Anniston, has scheduled a general fund budget hearing for early July — purportedly to prepare for the 2021 Legislative Session that begins in February.

But that is not the real reason for the budget hearing, according to Senate insiders who spoke on the condition of anonymity to avoid provoking Marsh. The actual purpose of public hearings, according to multiple sources, is to try to find a way to embarrass Gov. Kay Ivey.

In a press release from his office, Marsh says the budget meetings will focus on funding prison reform and rural broadband.

However, an agenda circulated for a July 9 budget committee meeting obtained by APR makes no mention of broadband and focuses entirely on the Ivey administration’s spending.

In the press release, Marsh said that the budget hearing is needed to address “a potential $2 billion-dollar prison reform proposal.”

But according to the Governor’s Office and published reports about Ivey’s prison reform plan, there is no mention of a $2 billion proposal as Marsh claims.

He also states that the other reason for the hearings is to address “a stunning lack of rural broadband investment.” However, broadband is not an item on the agenda.

Marsh’s enmity toward Ivey was on full display in the days after the governor revealed his “Wish list” in May, to spend federal relief money on a variety of projects only vaguely related to the economic crisis caused by the COVID-19 pandemic.

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According to those who regularly interact with the Senate, he is still angry that Ivey exposed his plan to appropriate nearly $1.9 billion in federal relief money to finance pet projects, which included spending $200 million on a new State House.

The money the state received under the CARES Act was to be allocated to shore up business, citizens’ interests and institutions ravage by the shutdown due to the spread of COVID-19.

First, Marsh denied the existence of a “wish list,” then he said Ivey asked for it, and finally, he took ownership of the list and said he thought $200 million for a new State House is a “good idea.”

For weeks after the debacle, Marsh aided by some Senate Republicans tried to spin what happened without success.

Marsh had also wanted to use $800 million in CARES Act funds to build out rural broadband and had reportedly hoped to use the budget meeting to push his broadband plan forward.

Ivey blocked his plan to use CARES Act funds for pork projects and convinced the Legislature to reject Marsh’s preferred budget in favor of Ivey’s executive amendment.

“First Ivey made him look greedy and foolish and then she turned most of the Legislature against him,” said one of APR‘s sources.

Recently, Ivey was once again a step ahead of Marsh when just days after he announced his July budget hearings to consider broadband expansion, Ivey released her plan to spend $300 million on rural broadband, stealing his thunder.

According to APR‘s Senate sources, Ivey’s latest move was another blow to Marsh’s ego.

“Del, [Marsh] has power, but he’s never had to deal with a governor who knows how to counter him,” said another Senate insider.

Another regular observer of Marsh said, his latest move to hold budget hearings is akin to “revenge porn.”

“She dumped him, and now he wants to get even, sounds a lot like revenge porn to me,” the source said.

At the July hearing, Ivey Administration officials will be questioned on CARES Act spending, budgets for the department of corrections and pardons and parole.

Finance Director, Kelly Butler, will testify to what CARES funds have been spent and what remains.

ADOC Commissioner Jeff Dunn will be queried on several issues, including hiring, overtime pay, prison construction, and Holman prison’s status and personnel.

Pardons and Paroles Commissioner, Charles Graddick, will face the committee to discuss personnel costs, equipment purchases with an “emphasis upon computers, software, vehicles, office furniture and other substantial expenditures,” according to the document.

Lastly, the committee will question Personnel Department Director, Jackie Graham, to give an account for DOC and ABP&P personnel growth plans.

While it is wholly within the Legislature’s purview to approve and exercise oversight of government spending, this is not what the budget hearings are about according to APR’s sources.

According to several Senate insiders and others with knowledge of Marsh’s thinking, this is a move to paint Ivey’s administration as “out of control on spending.”

“This is a trap Marsh hopes to use for PR, but what if there’s nothing to see, how does he spin it,” asked an individual with close ties to the administration. “She’s kicked his tail before; she’ll likely do it again,” the source said.

 

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House

Senate pro tem requests general fund committee begin hearings in July

Staff

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Senate President Pro Tempore Del Marsh, R-Anniston, announced today that he has asked Senate Finance and Taxation General Fund Committee Chairman Greg Albritton, R-Range, to begin holding General Fund Committee meetings in preparation for the next session.

In an effort to be better prepared because of uncertainty in state revenue as a result of COVID-19 pandemic Senator Albritton has agreed with Senator Marsh and has invited Legislative Services, the Department of Finance, Pardons and Paroles, Corrections and the Personnel Department to provide updates to the committee.

“Typically, we begin this process closer to sessions however because of uncertainty about state income and possibility of special sessions, we felt like it was important to get started much earlier than usual in this process,” Senator Albritton said. “The Legislature has done an excellent job managing our budgets over the past few years. So much so that Alabama was able to weather the storm of the COVID-19 shutdown this year with little impact to our vital state services. We understand that we will not have final revenue projections until after July 15th, but we must continue to do our due diligence and ensure that we use taxpayer money sensibly.”

“We want to make sure that all public money is being used wisely, now and in the future,” Senator Marsh said. “We have many pressing issues facing the state such as a potential $2 billion-dollar prison reform proposal and a stunning lack of rural broadband investment which need to be addressed whenever the Legislature is back in session and it is our duty to make sure we are prepared and kept up to speed on these matters. Furthermore, the taxpayers deserve a clear and transparent view of how their money is being used.”

The hearings are scheduled to begin July 9 in the Alabama State House.

 

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Governor

Part-time employee in lieutenant governor’s office tests positive for COVID-19

Staff

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A part-time employee in Lieutenant Governor Will Ainsworth’s office, who the office said works only a handful of hours each week, tested positive for COVID-19 on Sunday, according to a press statement.

The employee, whose work area is separated from the rest of the staff, last worked in the office on the morning of Thursday, June 18.

All members of the office staff have been tested or are in the process of being tested for COVID-19 in response, and, thus far, no additional positive results have been reported.

In addition, the State House suite has been thoroughly cleaned and will remain closed until all employees’ test results have been returned.

Employees are working remotely from home, and phones are being answered in order to continue providing services to the citizens who need them.

 

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Legislature

Alabama Democrats call for Rep. Will Dismukes to resign over support for Confederacy

Eddie Burkhalter

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Updated at 8 p.m. to include a response from Rep. Will Dismukes.

The executive director of the Alabama Democratic Party on Friday called for the resignation of a Republican state representative over his support for the Confederacy, Confederate monuments and his membership in a local Sons of Confederate Veterans chapter. 

The Alabama Democratic Party — in a statement released Friday — said that Rep. Will Dismukes, R-Pratville, is receiving criticism for his support of the lost Confederate cause and “as elected officials of all stripes seek to move Alabama forward, Dismukes is stuck in the past.” 

“Rep. Dismukes, Chaplain of the ‘Prattville Dragoons: Sons of Confederate Veterans,’ was recently praised in the group’s newsletter as being representative of the Confederacy’s ‘Godly heritage,'” the press release states.

“We need elected officials who work for a better tomorrow for all Alabamians,” said Wade Perry, executive director of Alabama Democratic Party, in a statement.  “That should go without saying. If little Will wants to play dress-up and pretend to fight for the lost cause, he should resign. His job is to pass laws that help Alabamians, not honor folks who fought to preserve the institution of slavery.”

Dismukes in a Facebook post later on Friday addressed the call for his resignation, and said he’d neither resign nor apologize for the photo in which he was standing in front of the American and Confederate flags.

“I will release an official statement tomorrow. No worries I’m not resigning because the Democratic Chairman requested my resignation. I also will not be apologizing over a picture in front of the flags nor being chaplain of my local SCV camp which is listed as a heritage group by the SPLC,” Dismukes wrote in his post. “We have enough people caving to the communist left. For the love of life it’s time for people to stop being so sensitive and apologetic and take a stand before our country is Gone with the Wind. This is way bigger than history and monuments. Deo Vindice.”

Dismukes’s use of the phrase “Deo Vindice” — in his post Friday, and in other posts on his social media — is notable. The phrase was selected by the Confederacy as a motto, and translates to “God will vindicate,” according to the Museum of American History.

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In an interview on WVNN’s “The Jeff Poor Show,” Dismukes was critical of a recommendation by House Minority Leader Anthony Daniels, D-Huntsville, to stop using tax money to fund the Confederate Memorial Park in Chilton County.

The Alabama Historical Commission receives about $600,000 annually to run the park, according to Al.com. 

“I think he’s dead wrong. I don’t think it would be a wise decision for our state to move in that direction,” Dismukes said during the program, as quoted by Yellowhammer News.

In a Facebook post on June 14, Dismukes called for more funding for the Confederate Memorial Park.  “No chance we stop funding the State Park!!! This will not happen on my watch,” he wrote.

“We technically give a small portion of what is actually supposed to go towards the park. If anything we should give more to the park and ensure our history is preserved,” Dismukes wrote in the post. 

In an April 27 Facebook post, Dismukes refers to the Civil War as the “War of Northern Aggression.” In several other Facebook posts, he references and quotes the national motto of the failed Confederacy, “Deo Vindice.”

In another Facebook post, Dismukes is seen standing in front of a Confederate flag, wearing a shirt with a Confederate flag patch while celebrating “Confederate Flag Day.”

In the wake of the killing of George Floyd by a police officer in Minneapolis, protests against police brutality have resulted in calls for policies to address systemic racism and for Confederate monuments to come down, and across the South and in Alabama many have already been removed. Monuments in Mobile, Birmingham and Montgomery have come down. 

The National Trust for Historic Preservation on Thursday released a statement calling for the removal of Confederate monuments, most of which the Washington D.C.-based nonprofit said “were intended to serve as a celebration of Lost Cause mythology and to advance the ideas of white supremacy.” 

“Many of them still stand as symbols of those ideologies and sometimes serve as rallying points for bigotry and hate today. To many African Americans, they continue to serve as constant and painful reminders that racism is embedded in American society,” the nonprofit said in a statement.

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