Medical Marijuana Pondered in Jersey

[Ms. RedEye]

Three years after it was introduced in the Legislature, the proposal to legalize marijuana for medical use in New Jersey gets its first test in a Senate committee tomorrow in what is expected to be a contentious process that will spill into an election year.

New Jersey would become the 14th state to create a sanctioned medical marijuana program, although the upcoming vote in the Senate Health, Human Services and Senior Citizens Committee is just the first step. The prime Senate sponsor of the bill (A804/S119) said he feels confident.

"This is groundbreaking stuff, and I'm excited about the prospect of taking the next step," Sen. Nicholas Scutari (D-Union) said.

The New Jersey Compassionate Use Medical Marijuana Act would require the state Department of Health and Senior Services to evaluate requests from physicians who recommend marijuana to their patients to help alleviate a "debilitating medical condition," defined as cancer, glaucoma, HIV and AIDS, or chronic illnesses that cause "wasting syndrome, severe or chronic pain, seizures and severe and persistent muscle spasms."

Patients the health department deems worthy would receive a state identification card verifying their enrollment. Patients, and their primary caretakers who do not have a history of drug convictions, "shall not be subject to arrest, prosecution or penalty" provided they possess the card and no more than six marijuana plants and 1 ounce of "usable marijuana."

Opponents refuse to concede medical marijuana has wide support anywhere - in the Legislature or among the public. They intend to argue lawmakers ought to be concerned from a consumer standpoint.

"Legislators, out of the goodness of their hearts, listen to these people," said David Evans, an attorney and executive director of the Drug Free Schools Coalition, a national group. "But many people don't look beyond the compassion argument."

The bill up for a vote tomorrow has been changed to reflect concerns about how patients would legally obtain the drug, which would remain an illegal substance in all other circumstances.

The bill allows the state health department to license "medical marijuana alternative treatment centers," a new entity that would cultivate and deliver the drug to participating patients, according to the amendment.

Otherwise, patients might choose to grow their own or "go to the black market," said Roseanne Scotti of the Drug Policy Alliance of New Jersey, one of the major proponents of the bill. These licensed growing centers have worked in Oregon, she said.

Scotti, whose organization also was a major supporter of needle exchange legislation that passed after 13 years of lobbying, said she expects this bill to be a much easier sell.

"Legislators understand anyone can be in this position and have one of these diseases," Scotti said. At public hearings held in June 2006 and May 2008 "regular people testified. ... They said 'I do this because this is the only way they will have a quality of life.'"

Gerry and Don McGrath of Robbinsville will testify, as they have before, about how their son, Sean, regained his appetite and reduced his suffering before he died from cancer four years ago.

"I strongly believe that once members of the Senate Health Committee listen objectively to stories like ours on Monday, they will vote yes on the bill, bringing it closer to becoming law and help those currently suffering in New Jersey," Don McGrath said.

Evans said some people may attest to marijuana's nausea- and pain-curbing abilities, but this is no substitute for Food and Drug Administration approval. "They may feel better, but you have to make sure it is safe. There are no proper studies about dose, how many times do you take it," Evans said. "Once this bill is approved, you can smoke your head off all day long."

The FDA has approved Marinol, a pill made from a synthetic version of THC, the active ingredient in marijuana found to relieve nausea and vomiting. "This is approved for medical treatment, so what's the problem?" John Tomicki, executive director of the League of American Families. "I doubt whether this bill will ever see daylight."

The movement to expand medical marijuana laws has been slow but steady, activists say.

Michigan voters recently approved a ballot initiative in November permitting a medical marijuana program, becoming the 13th state to legalize the practice.

Medical marijuana programs are also legal in Alaska, California, Colorado, Hawaii, Maine, Montana, Nevada, New Mexico, Oregon, Rhode Island, Vermont and Washington.


News Hawk: MsRedEye: 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: Star-Ledger
Author: Susan K. Livio/Star-Ledger
Copyright: 2008 New Jersey On-Line LLC
Contact: Contact Us - NJ.com
Website: Medical marijuana pondered in Jersey - Breaking News From New Jersey - NJ.com

 

[Keith Lake]

I read that this was passed out of committee 6 to 1 for (with two no votes)

Also read that Governor Corzine said he's sign if legislature passes the bill

 

[jaymay]

Patients, and their primary caretakers who do not have a history of drug convictions, "shall not be subject to arrest, prosecution or penalty" provided they possess the card and no more than six marijuana plants and 1 ounce of "usable marijuana."

As much as I hope this goes through, that six plant limit is just arbitrary and I have no idea how I'd be able to comply with it and grow enough to supply my dosage (about 3/4 gm/day) without being way over the 1 ounce finished material limit at harvest.

 

[Wingman420]

I have heard that NJ will not allow Caregivers or Patients to grow their own but will allow State run dispensaries to sell MMJ to patients, is this true? Is there reciprocity in the Bill?

 

[ol hippy]

Just get a foot in the door you can allways add to the number of plants , oz's etc later. Oakland Ca opened a Medical Marijuana Super Store!! Supposed to be huge .

 

[Retired Three]

Here's an article I found that was published a few days ago about the NJ Medical Marijuana Law

FAQs on N.J. Legislature-approved bill that would legalize medical marijuana
By Star-Ledger Staff
January 12, 2010, 9:30PM

TRENTON -- The bill legalizing medical marijuana, which was passed by the New Jersey Legislature today, will go into effect six months after Gov. Jon Corzine signs it, as he promised to do before he leaves office Tuesday. New Jersey will become the 14th state to legalize marijuana for medicinal purposes, and each state’s laws have their own idiosyncrasies.

Until medical marijuana becomes legal here, the state Department of Health and Senior Services will face intense lobbying from advocacy groups as it outlines a wide range of rules, such as where marijuana can be grown in the state, how much it will cost and who gets to distribute the drug.

Here are a few things to know about medical marijuana:

How does a patient sign up for the program?

A physician must recommend a patient, who has to be a state resident. The state department of health will then issue an identification card, which would contain the name, address, date of birth and a photo of the bearer, as well as the name of a "primary caregiver" who has undergone a background check and is permitted to retrieve the drug on the patient’s behalf if necessary. The holder of the ID card cannot be prosecuted for possessing marijuana.

Where would the medical marijuana be dispensed?

The bill sets up a new type of pharmacy — called alternative treatment centers — and their sole purpose would be to produce and distribute medical marijuana. The first six must be nonprofits, with two in the state’s northern region, two in the southern and two in the central. After that, for-profit centers may also be allowed, with the Department of Health and Senior Services handling permits and licenses. All applicants to operate the centers must pass a criminal background check.

How will it be dispensed — as rolled cigarettes or in another form?

It’s not yet clear. The bill defines "usable marijuana" as "the dried leaves, and flowers of marijuana and any mixture thereof, and does not include seeds, stems, stalks or roots of the plant," but the health department will likely issue specific guidelines. While some patients smoke the drug, others use it in food products, oils and vaporizers. Patients can receive up to 2 ounces of marijuana per month. A rolled cigarette usually holds 1 gram of marijuana. Two ounces would roughly equal 56 cigarettes.

Where is the medical marijuana grown?

Only the alternative treatment centers can produce the marijuana, and the state will issue guidelines about what level of security is required at the facilities.

What would the cost be?

An application fee will be levied, though it has not been set. As for the marijuana, the law states only that centers must charge "reasonable" prices to cover production costs. Prices vary widely in other states with an ounce going for between $100 and $150. Some dispensaries have discounts for low-income patients, while most states also allow patients to grow their own marijuana, an option prohibited in New Jersey.

How does this work with health insurance?

The bill does not require health insurance plans to cover medical marijuana, and most insurance companies do not include the option in other states.

What type of physician can write a recommendation?

The law states a person licensed to practice medicine and surgery and who has a bona fide physician-patient relationship can recommend medical marijuana for a patient. The state’s medical community remains conflicted about the law because the optimal dosage of marijuana remains unknown, and the quality of the drug may not be consistent in different batches.

What diseases will make a patient eligible to get medical marijuana?

Cancer, glaucoma, seizure disorders (including epilepsy), Lou Gehrig’s disease, multiple sclerosis, muscular dystrophy, severe muscle spasms, HIV/AIDS, inflammatory bowel disease (including Crohn’s disease), any terminal illness if a doctor has determined the patient will die within a year, or any other medical condition or treatment that is approved by the state health department.

Where can it be used?

The law doesn’t specifically say that people using marijuana are restricted to using it at home, but it sets clear restrictions on what patients under the influence cannot do. Patients cannot "operate, navigate or be in actual physical control of any vehicle, aircraft, railroad train, stationary heavy equipment or vessel while under the influence of marijuana." Patients cannot smoke marijuana in "a school bus or other form of public transportation, in a private vehicle unless the vehicle is not in operation, on any school grounds, in any correctional facility, at any public park or beach, at any recreation center, or in any place where smoking is prohibited."

Is there a minimum age limit for the medical marijuana to be used?

No. Minors may use medical marijuana, but parents must sign off first.

Can I be prosecuted if I sell my prescription to someone else or give it away?

Yes. The bill states it would be a third-degree crime, which carries a penalty of up to five years in state prison.

 

[ol hippy]

I'm still waiting for my insurance to cover my MM !! I ain't holdin my breath but I can dream can't I ?? That last line I don't care for !! If I share a bowl with my girlfriend I get 5 years !! Damn I guess I'll tell her to go get her own !!

 

[Wingman420]

Joe Coffee. Thanks brother that is the info I was refferring to. IMO it is terrible NJ will not let it's most vulnerable citizens grow for themselves in the attempt to save money. They outlaw Marijuana but it's OK if the State sells it to you?

 

[PitViper]

This is one that is close to my heart. Where is NJ getting the pot? Are they going to grow it?

 

[Retired Three]

Joe Coffee. Thanks brother that is the info I was refferring to. IMO it is terrible NJ will not let it's most vulnerable citizens grow for themselves in the attempt to save money. They outlaw Marijuana but it's OK if the State sells it to you?

I'm not in love with the bill for many reasons but at least it passed and that is a huge first step...