Clem Smith – Missouri House of Representatives Newsroom

House approves limited medical marijuana proposal

The Missouri House has voted to allow those suffering from terminal and debilitating conditions to use medical marijuana. The proposal now goes to the state Senate for consideration.

Representative Jim Neely sponsored HB 1554, a medical marijuana proposal, that the House sent to the Senate on May 1, 2018. (photo; Tim Bommel, Missouri House Communications – click for larger version)

House Bill 1554 would expand on a law passed in 2014 that allows the use of a cannabis extract, cannabidiol (CBD) oil, to treat intractable epilepsy. If HB 1554 became law, a patient suffering from conditions including cancer, HIV, Parkinson’s disease, multiple sclerosis, and post-traumatic stress disorder could use medical marijuana if a doctor signs a statement saying he or she could benefit from its use and that all options approved by the Food and Drug Administration have been considered.

The House voted 112-44 to send that bill to the Senate, but some Republicans spoke against IT even though it is sponsored by one of their fellows.

Pacific Republican Kirk Mathews said the legislative process is not the proper way for a drug to be approved.

“I don’t know of any other medicines that become medicine by an act of the legislature versus the process that we’ve gone through for years in the history of our country and medicine in our country, with FDA clinical trials, double-blind studies, etcetera, etcetera,” said Mathews.

He also argued that the bill is too broad in what conditions it would allow medical marijuana to be used for, because it would allow the Department of Health and Senior Services to add conditions to that list if at least ten physicians sign a petition calling for it to be added.

“We don’t know what conditions we are allowing this to be used for if we pass this bill,” said Mathews.

Representative J. Eggleston (R-Maysville) said passing HB 1554 would send Missouri down a similar path to that the nation has taken with opioids. Those are now seen as the crux of a health crisis, but they started off as a way to treat pain.

Representative Kirk Mathews (photo; Tim Bommel, Missouri House Communications – click for larger version)

“Surely the companies behind them would only care about relieving others’ pain and doctors would only prescribe for that reason, and the recipients would only use them for that reason and not use them for that reason and not use them for recreational fashion, and surely it wouldn’t get away from us to where other people would rob medicine cabinets or things like that, and yet all of that stuff is happening. Now we’re having to deal with the aftermath of those unintended consequences,” said Eggleston.

The bill was sent to the Senate on the strength of bipartisan support. Representative Clem Smith (D-Velda Village Hills) told bill sponsor Jim Neely (R-Camdenton), who is a doctor, that he hoped the bill would become law.

“I know in your career you’ve seen a lot of different things, seen a lot of people that have been impacted, and maybe in your thinking, you’re like, ‘Hey, this might help them get through life or increase their standard of living,’ so just wanted to thank you for it,” said Smith.

The bill also earned support from some in House leadership, including the Majority Floor Leader, Rob Vescovo (R-Arnold).

“I think [Representative Neely] has done a fantastic, fabulous job, channeling this down to what the members of this body wanted to see,” said Vescovo. “I’m going to go ahead and cast my vote for the terminally ill in my district and across the state.”

HB 1554 goes to the Senate with less than three weeks remaining in the legislative session.

Earlier stories:

Missouri House considers legalizing medical use of marijuana

Bill to legalize limited medical marijuana heard in House committee

Sponsor of bills to help overdose victims looks for next challenge in drug abuse fight

The sponsor of Missouri’s new law providing some immunity for those seeking help for overdose victims says he’s achieved all he set out to do, and is looking for other ways to help substance abusers.

Representative Steve Lynch (photo; Tim Bommel, Missouri House Communications)

Senate Bill 501 contained language offered by Representative Steve Lynch (R-Waynesville). It provides immunity to anyone seeking medical help for themselves or anyone else who is overdosing, from crimes including possessing small amounts of drugs; probation, parole, or restraining order violations; and underage drinking.

Lynch said that combined with other laws allowing first responders, friends, and loved ones of abusers to have and administer naloxone – a drug that counteracts opioid overdoses – could save lives. Lawmakers considering the bill heard that often a person will die of an overdose or from drinking too much because others don’t call for help out of fear they will be prosecuted for crimes or face other consequences.

“In North Carolina where they did their bills the same year it was just a couple years later that there were more drug rescues than there were overdose deaths,” said Lynch. “We are certainly hoping that will be the case for us.”

Lynch also sponsored the language that in 2014 and 2016 became the laws related to naloxone.

He began working on these issues after learning that the son of one of his childhood friends died of a heroin overdose.

“What inspired me was he was taking his sadness and turning it into something positive, and he became an advocate that other parents wouldn’t have to go through what he did,” said Lynch, who said as he’s worked on these issues he’s seen many other parents who do the same. “To turn all their energies around and to try and get laws changed, to raise awareness … It inspired me to get into an area that I don’t really know much about.”

Having sponsored now a series of laws aimed at saving the lives of overdose victims, Lynch is now wondering what the next such issue to tackle might be. He’s meeting with the advocacy groups he’s worked with before in looking for the next steps that could be taken.

“Most of those areas are going to be in the treatment side and in the prevention side, and certainly those are so important,” said Lynch. “Saving their lives is such a narrow part but important part of it, but if we can get people not to use it or if we can get people off of heroin or the opioid addiction … I’m really looking forward to making some progress on some treatment laws.”

Meanwhile, Lynch says there must be an awareness campaign so that people with drug problems know about the laws that have been passed in recent years and can take advantage of them.

“I’ve already talked to some of the people that I’ve been dealing with on these bills for years, particularly in the metropolitan areas, to run some big awareness [campaigns] that you can call because if they don’t know, they’re still not going to call,” said Lynch. “Unfortunately it’s not just the metro areas that are having problems – it’s everywhere.”

The immunity law is often called the “Good Samaritan” law, or “Bailey and Cody’s Law,” for two overdose victims whose parents believe having it in place might have saved their children’s lives.

House passes bill to shield those seeking help for overdose victims

The state House has approved a bill that supporters hope will prevent overdose deaths.

House Bill 294 would give immunity from charges for minor possession of drugs or paraphernalia or being under the influence to a person who calls for emergency medical attention for someone who is overdosing on drugs or alcohol, and would give immunity to the person in need of medical attention.

The bill’s sponsor, Representative Steve Lynch (R-Waynesville), called the bill an effort at “harm reduction,” and refers to it as “Bailey and Cody’s law,” for two overdose victims whose parents believe that having such a law in place might have saved their children’s lives.

“I fight hard on this issue because I believe that every life is valuable, and that some, because of bad decisions, or bad circumstances, or bad home life, or running with the wrong group, make one wrong decision sometimes and because heroin or opioids are so powerful, it takes all those dreams that they had and all those goals, and it becomes the next fix that becomes their focus,” said Lynch.

Lynch’s legislation won bipartisan praise and support. Velda Village Hills Democrat Clem Smith said in the neighborhood he grew up in, he saw people who had overdosed and their bodies were left, sometimes for days, in places like alleys and empty lots by people afraid of being prosecuted if they called for help.

“I’m glad that your bill will allow that somebody could get some help. Sometimes it’s those minutes that make a difference,” said Smith.

Lynch said this “Good Samaritan” bill has been shown in other states and local areas to save lives, particularly when working in conjunction with bills that allow first responders or friends and loved ones to have and administer naloxone – a drug that counteracts overdoses to opioids, including heroin. Missouri in 2014 and 2016 enacted such laws, both also sponsored by Lynch.

Lake St. Louis Republican Justin Hill, a former police officer, was one of 21 “no” votes against HB 294. He said by giving immunity to callers and those overdosing, the bill takes away an opportunity to get those individuals into treatment programs.

“There’s all kinds of problems with this, and here’s another bill that purports to help people with a drug problem that makes it worse,” said Hill.

The bill passed with 134 votes and goes to the Senate for consideration.

Earlier story: Proposed ‘Good Samaritan Law’ aims to save the lives of some who would overdose

Missouri House sends fast-tracked right-to-work bill to the Senate

The Missouri House has advanced another priority of its Republican supermajority, sending a right-to-work bill to the State Senate.

Representative Holly Rehder carried HB 91, the right-to-work bill passed to the Senate by the House. (photo; Tim Bommel, Missouri House Communications)

HB 91 would bar union membership or the paying of union dues from being a condition of employment. It would make violators of that prohibition guilty of a Class “C” misdemeanor and would require county prosecutors and the state Attorney General to investigate complaints of violations. It would also negate existing agreements between unions and companies that require the paying of union dues or fees.

Many Republicans, like Representative Rick Brattin (Harrisonville), say right-to-work is an issue of worker freedom.

“This bill will empower the worker. We hear the left say, ‘empowering the individual.’ That’s exactly what this bill does,” said Brattin.

Democrats like Karla May (St. Louis) say a right-to-work law will let workers who aren’t paying union dues enjoy the salaries and other benefits that unions fight for.

“You can’t walk into a company under the umbrella of freedom where we’ve been on strike 170 days with no pay. You can’t walk in where we fought for the health benefits of somebody else without pay and you come in and get those benefits and expect not to pay dues. The audacity of you!” said May.

Republican backers say right-to-work will bring more jobs to Missouri, and argue there are many companies that would have come to the state already if it had a right-to-work law.

Representative Charlie Davis (R-Webb City) said, “just 12 years ago we had the opportunity that one of the world’s largest automobile manufacturers was going to come to my little town of Webb City, population of 10,000. Representative [Ron] Richard at the time, now the pro-tem of the Senate, could not guarantee that Missouri would be a right-to-work state. Since then they’ve built two facilities in the United States, both of them in right-to-work states.”

Representative Clem Smith and other Democrats argue right-to-work will result in lower wages for Missouri workers. (photo; Tim Bommel, Missouri House Communications)

Democrats said the idea that a right-to-work law would result in more companies bringing jobs to Missouri is, “preposterous.”

“When this passes, and unfortunately it will pass, some of your counties will still be without jobs,” said Representative Clem Smith (D-Velda Village Hills). “If you were knocking doors and you told your residents, ‘Oh, we’re gonna get good, high-paying jobs,’ I’m not talking about minimum wage – good, high-paying jobs and those jobs never come, you can’t blame it on the Democrats.”

The House voted 100-59 to send the bill to the Senate.

Sponsor Holly Rehder (R-Sikeston) said she will work next week on more labor reform issues when the Economic Development Committee she chairs holds a hearing on a bill supporters call “paycheck protection,” and opponents call, “paycheck deception.” It would bar the automatic deduction of union fees or dues from a public employee’s pay except with that employee’s annual permission. It would also bar the use of union dues or fees for political campaign donations except with permission from the union members paying them.

Missouri House advances right-to-work bill, rejects sending it to voters

The state House has advanced a right-to-work proposal but rejected Democrats’ attempt to have Missourians vote on it.

Representative Doug Beck offered an amendment that would have had a right-to-work proposal go to a vote of the people, if passed by the legislature and signed by Governor Eric Greitens. (photo; Tim Bommel, Missouri House Communications)

Right-to-work is a priority for the Republican super majorities in both chambers and of Governor Eric Greitens (R). The plan the House voted on would bar union membership or the paying of union dues from being a condition of employment. It would make violators of that prohibition guilty of a Class “C” misdemeanor and would require county prosecutors and the state Attorney General to investigate complaints of violations.

Most Republican House members say the bill would make Missouri more competitive against neighboring states, would increase wages, and argue that requiring union membership violates employees’ rights.

Democrats say right-to-work will lower wages and would be a government overreach into contracts between unions and employers.

St. Louis Democrat Doug Beck proposed an amendment that would put right-to-work before voters if it is passed by the legislature and signed into law by Governor Greitens.

“A bill of this magnitude which will affect every working person in Missouri – everybody who makes a paycheck like I do, union and non-union alike – deserves to go to a vote of the people,” said Beck.

Representative Holly Rehder (R-Sikeston) is sponsoring right-to-work legislation in the Missouri House. (photo; Tim Bommel, Missouri House Communications)

Republicans like Paul Curtman (R-Union) say voters spoke on the issue when they elected a Republican governor to go with Republican supermajorities.

He said Democrats are calling for a vote on the bill now that there is a Republican governor who won’t veto it, but years ago they opposed a Republican bill that would have put the issue to voters at a time when Democratic Governor Jay Nixon would have vetoed it.

“They’re only using this amendment strictly for political exploitation of the rights of the people,” said Curtman. “When it’s convenient to special interests you let the people vote. When it’s not convenient to special interests you don’t let them vote, or you let them vote – whatever the case may be.”

Representative Clem Smith (D-Velda Village Hills) said the argument that the election of a Republican governor means the people want right-to-work doesn’t hold up.

“I didn’t hear anybody use that argument when we had a Democratic governor and he was vetoing bills,” said Smith. “Some of the same individuals were saying, ‘Oh, that’s not what the people want.’ But the people elected him, so we can’t use that logic.”

Ballwin Republican Shamed Dogan said to put the issue to voters would defeat the purpose of having elected representatives.

“If you’re going to put a referendum clause on this piece of legislation it could also be put on every piece of legislation that this body takes up,” said Dogan. “The purpose of a representative government, which we have here, is that we represent the will of our districts, the will of our people, collectively the will of the State of Missouri, and if we’re going to put referendum clauses on every piece of legislation that comes across here we might as well just get up and leave.”

Republican-led opposition carried a vote defeating Beck’s amendment, and the House then voted to advance the right-to-work bill 101-58. Another vote for the bill would send it to the state Senate.