Since 2017, a law allows a legitimate alternative to treatment with cannabis for people with some medical conditions.
However, the graduate José Maes Aponte stressed that it is still necessary to promote education on this legislation.
« People forget all the time that it is a public government policy. That implies that the government encourages cannabis patients. It promotes that people with the 25 conditions that are in the regulation are treated with cannabis. So how can something the government promotes result in people being fired or suspended? », the professor said in an interview with Microjuris.
The lawyer recognized « the dichotomy » that exists under federal regulation, as cannabis remains illegal. Although he acknowledged that unfortunately there are people who cannot receive this type of treatment, he indicated that the application of regulations and state public policy should not conflict with the Law No. 42 of 2017.
He also explained that the also known as the « Medicinal Law » is legislation that has not been disseminated and should provide instructions on how to implement it.
« That is, there should be no free will or discretion here to apply a law created by the legislature and signed by the governor. It seems inadmissible to me that there may be cases at the state level where patients who are part of the » program are discriminated against for cannabis use, he said.
Now how many people have enough knowledge to deal with these problems?
According to the graduate, at least all government agencies should educate on how to handle cases and avoid discrimination against employees who are medical cannabis patients.
« There is little training on this issue of discrimination. ¿How do people have to choose to be a medical cannabis patient? They have to think that they are getting into trouble or that this is going to cause them some problem? », he questioned.
Similarly, Maes Aponte commented that another matter that needs to be addressed is education about this public policy to the Puerto Rico Police.
« On cases or circumstances in which patients are involved or where they can see medicinal cannabis. This issue of law and order and the use of medicinal cannabis has other complexities due to the misuse that is being given », he assured.
The professor mentioned that one of the flaws is related to the fact that the possibility that people used the product « on the street » was not discussed. Therefore, he stressed that the problem of « law and order » is how the Police will know if the person is using medical cannabis or marijuana bought at the drug point.
« The first is that to know you have to do a laboratory test. Second, if they are not trained with respect to the law, they do not know what the process of buying a patient is like, that the patient must keep the product in the container that was dispensed with the corresponding identifications. This definitely brings us to an education topic », he explained.
Rights and duties
On the other hand, the lawyer explained that the patients do not know their rights or what is the correct use of medicinal cannabis.
« You have to ask yourself who has to educate patients. If you visualize what the normal process of a license is like, then the patient fills out some documents and forms. Then a doctor evaluates it and, if everything is in line, they issue you a license. But we do not ensure that the patient has read the regulations to find out their duties and rights », he said.
One of the examples Maes Aponte shared is that a medical cannabis patient cannot consume his product in public places. Patients can only use medicinal cannabis at home or in private places with the authorization of the owner.
« Now, that cannot be ignored either. ¿How does a patient know when he really needs to use his medication? For example, a patient has an anxiety disorder condition. You don’t choose when or where you are going to have a panic attack. If that’s the medicine you have prescribed, why can’t you use it wherever it is? », he questioned.
In addition, he added that there are patients who do not know that medicinal cannabis cannot be smoked, since Law No. 42 of 2017 prohibits it.
« There has been no investment in patient education here. There are some new initiatives that circulate in information networks, but it is something structural where patients know what their rights and duties are, what they can do and what they cannot do », he pointed out.
