Well intended bills can have unintended consequences.
Rep. Dorothy Moon’s bill HB410 is just that. Rep. Dorothy Moon is a wonderful legislator and a freedom fighter. She has heard the voice of her constituents that are asking for CBD oil to be legalized in our great state. She attempted several version of the bill, none of which the Attorney General would support. Understandably, Rep. Moon wanted to bring a bill that would be successful, but in so doing the proffered legislation has lost the liberty that she intended to provide. You see, the Attorney General has a compelling interest for the state, while legislators should have a compelling interest for the people.
After days of study I have come to the conclusion that some of the unintended consequences of this bill are the following:
- The citizen (who must be 18 years of age) is required to go to an MD. The MD will have to indicate that the individual suffers from an illness and may benefit from treatment with cannabidiol. Do you want the decision to use CBD products taken out of your hands and put into the hands of a medical doctor?
- Once you submit to the authority of the MD, you will then have to submit to the authority of the state by providing your name, address, photo identification, along with any other information the board considers necessary in order to obtain a registration card.
- What if you want to use CBD oil for your child? Well, the rules are a bit different. You, the parent, will then have to acquire a signed statement from a neurologist indicating that a minor in the parent’s care suffers from an illness and may benefit from treatment of cannabidiol oil. Parents, do you want this decision taken out of your hands and placed into the hands of a neurologist who may or may not have education in CBD oil at all? You will then have to continue the process of applying to the state for your registration card.
- Keep in mind that the card is only good for ONE YEAR so you will have to repeat this rigmarole YEARLY.
- A board will have to be created to oversee these registration cards. This costs the taxpayers’ money. This board will maintain a database of records including the name of each registrant and the name of each minor receiving care from the registrant. Do you want you or your child’s personal health information kept and overseen by a state run board?
The police will then have to start enforcing this new law. I can see it now. The police officer pulls over the soccer mom on her way to taking her kids to school. He discovers her smoothie is made from hemp milk! Gasp! “I’m sorry Ma’am but do you have a registration card for that hemp milk?” Hopefully she didn’t add the hemp hearts from Costco to her smoothie that morning. That’s right! Your hemp products such as shirts, twine, purses, cooking oil, and milk will come under the authority of this law. What a waste of taxpayer money!
The registration card is really the crux of this issue and is what the Attorney General required in order to support the bill. Now why do you suppose that it is important to the Attorney General that a registration card be required? MORE REGULATION and BUREAUCRACY!
There are some pretty scary consequences to having the state tracking the method you choose for healing. Most do not understand the marijuana plant nor the properties that provide healing without enough THC to bring the high that most people associate with the plant. Most do not understand that when a product has less than .3% THC that it is considered food according to the federal definition. (See https://healthfreedomidaho.org/cbd-oil-from-hemp).
Do we really want to be begging the state for permission to use the products that we see fit to use? According to my research, it wouldn’t be a stretch to say that refined sugar is more dangerous than hemp products.
In other states that require a registration card for marijuana we see that the state is denying the citizen’s right to gun ownership.
Could the government potentially require gun owners to turn in their firearms?
An Oregon mother had her child taken by CPS and put into foster care for months. The mother was using marijuana recreationally which is allowed in the state of Oregon. The boyfriend had a registry card as both a grower and a patient but the child was still taken into shelter care because he was growing the plants. The mother did eventually win in court and got her daughter back but at what cost both financially and emotionally?
You see, the medical marijuana card may protect the right to obtain and use a substance but it is being used to target other rights. I think that we should learn from what is happening in that other states and not open the door here.
There are more possible unintended consequences to consider about this registration card. How will this record affect a truck driver’s CDL, a practitioner’s medical license, the cosmetologist's license or any other occupational licensing for that matter?
We should never expect our legislators to hand out laws like candy. They are to uphold their oath of office which is to support the constitution. Each legislator takes this oath when sworn into office, “I do solemnly swear (or affirm, as the case may be) that I will support the constitution of the United States and the constitution of the state of Idaho, and that I will faithfully discharge the duties of senator (or representative, as the case may be) according to the best of my ability.”
I believe that the citizens should be asking for a better path that would Rep. Moon to both uphold her oath and also make CBD oil available to all who would like to use it.
We will have more information coming out soon for those looking to understand the multiple factors surrounding this issue. Idaho’s attorney general interprets Idaho law to mean that any amount of THC is a controlled substance and the DEA has overstepped their bounds.
There is a lot to learn here in order to be prepared to defend your rights to access something as benign as CBD oil with less than .3% THC. When we see such a desire to control something with proven useful, nourishing, and healing properties we must ask the all-important question, “WHY?”
UPDATE on the status of the bill.
Dorthy Moon removed the tracking portion and the bill got a new name - HB 577.
It passed Idaho State Affairs Committee with a solid 12-0 vote.
House voted in favor of the bill with a whopping 59-11 vote 'Aye'.
The Bill stalled in the Senate Health and Welfare Committee as Chairman Heider refused to allow the bill to be heard.