NJ: Gusciora Medical Marijuana Deal With Christie Another Bust For Patients

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Assemblyman Reed Gusciora is one of the sponsors of New Jersey's medical marijuana law, but the Democrat from Princeton has arguably been the key player in its erosion. Governor Chris Christie announced a back room deal with Gusciora last week that was billed as a "compromise" but really offered more restrictions.

The Governor also decided to abruptly cancel a hearing that was supposed to take place today. The Department of Health and Senior Services (DHSS) published draft regulations for the medical marijuana program in October. These included many new limitations such as a 10 percent cap on THC, just three strains of cannabis, a physician registry and many others.

DHSS had scheduled the public comment hearing as part of the regulatory process. Advocates and patients from around the state who were planning to travel to Trenton to deliver their oral testimony must now submit their comments in writing.

The Governor's announcement was a total surprise to advocates and New Jersey's medical marijuana patient community. The full details of the "compromise" have not been revealed but the key points do not look promising for seriously ill residents who would qualify under the law.

While going back to six original Alternative Treatment Center (ATC) sites Gusciora and Christie are looking to remove the one DHSS rule that would have been an innovation for patients: Provisions for a regulated home delivery service. That would be eliminated requiring all marijuana to be picked up, in-person, at the six ATC sites.

The Coalition for Medical Marijuana New Jersey CMMNJ detailed the continued concerns with the medical marijuana regulations in a press release Friday:

* The 10% cap on THC is arbitrary, capricious and inappropriate.

* The law calls for a patient registry. It does not require physicians to register in order to certify that patients have a qualifying condition. This registration process is unnecessary, outside the scope of the law and will have a chilling effect on the program.

* Governor Christie has said that he will not permit a "relaxation" of the regulations, and the entire DHSS staff is following his lead. Medical decisions about this program are being made not in the realm of science but in the realm of politics. The Health Department should function for public health, not a political agenda.

* DHSS clearly recognizes specific medical uses for marijuana and proposes a program for the safe delivery of marijuana to patients. It should not delay for even a moment the rescheduling of marijuana from a Schedule I drug to a more appropriate schedule. The New Jersey Controlled Dangerous Substances Act, (N.J.S.A. 24:21-2) defines a Schedule I drug as one that "has no accepted medical use in treatment in the United States; or lacks accepted safety for use in treatment under medical supervision." READ FULL RELEASE

This has not been the first time that Assemblyman Gusciora has offered deep concessions to his own medical cannabis law or has worked directly with Governor Christie to alter it.

For over five years Senator Nicholas Scutari (D-Union) and Assemblyman Gusciora have been the leaders for The Compassionate Use Medical Marijuana Act. It passed in 2009 with bi-partisan co-sponsors and a chorus of vocal supporters in both houses of the New Jersey Legislature. These included some prominent Republicans such as Assemblyman Michael Patrick Carroll and Senator Bill Baroni.

Late in 2009, when the legislation was still in progress, Gusciora allowed the Assembly to remove home cultivation for patients and drastically lower the legally accessible amount of marijuana to just two ounces per month. After the law was signed he lauded the "restrictive" nature of the language. At the time Gusciora explained that the restrictions in the law were methods of avoiding problems in other states.

CNN 1/11/2010 - "Out of the 14 states that have similar bills, New Jersey's will be the strictest," Assemblyman Reed Gusciora, one of the bill's sponsors, told CNN. "I believe that this bill will be model legislation for states here on out that will look to (be) legalizing marijuana. We looked at the pitfalls of California and made a more restrictive bill." READ FULL
Governor Christie now seems to be recycling Gusciora's year-old press releases in his attack on the medical marijuana law.

This summer Gusciora and Governor Christie, seemingly out of the blue, teamed up to champion the idea of Rutgers University getting a monopoly on NJ's medical cannabis production. New Jersey's Teaching Hospitals were considered for the monopoly on distribution in the scheme to amend the law.

When Rutgers backed away the concept fell apart and Gusciora instead wrote an amendment to delay the implementation of the marijuana program. Christie asked for a year's delay, the Legislature gave three months.

Chris Christie has always maintained that he supports the concept of medical marijuana access. Since he was a gubernatorial candidate the former US Attorney has been careful to say that he believes seriously ill people should have legal cannabis.

But with some swift cognitive dissonance and political skill Christie has also been very clear that he does not agree with New Jersey's actual medical marijuana law. True to this rhetoric, instead of simply following the guidelines in the compassionate use law Christie had led teams of eager and capable attorneys within his administration in an effort to drastically change it.

The timing of the so-called medical cannabis "compromise" between Christie and Gusciora is curious. Advocates and potential patients expressed outrage at the many new limitations from DHSS in powerful testimony before committees then a resolution passed the NJ Assembly on 11/22. Gusciroa's own testimony was very critical of the THC limit, a cruel provision that the Governor is excited to keep intact.

Senate voting may still take place on 12/13. Passing the resolution SCR130 would force a 30-day re-evaluation of the DHSS regulations.

The unfortunate truth for the seriously ill residents of New Jersey is that Governor Christie's administration has invested itself into spinning the issue rather than following the law. This will continue to force medically compromised residents to risk arrest in the underground market or move away for more realistic access to therapeutic marijuana.

The core intent of the compassionate use law was to avoid those very same scenarios.


NewsHawk: MedicalNeed: 420 MAGAZINE
Source: examiner.com
Author: Chris Goldstein
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Website:NJ: Gusciora medical marijuana deal with Christie another bust for patients - Philadelphia norml | Examiner.com
 
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