It's been a big week for marijuana at the statehouse in Providence, with lawmakers Tuesday introducing a decriminalization bill and hearing testimony on the effects of marijuana prohibition Wednesd

New Jersey became the 14th state to establish protections for patients who use cannabis on the advice of their doctors. The "New Jersey Compassionate Use Medical Marijuana Act" signed into law by Governor Jon Corzine shields qualified patients from arrest and prosecution for possession and transportation, and mandates distribution of medical cannabis by state-regulated "Alternative Treatment Centers." As the 11th most populous state in the nation, New Jersey is the third largest state to pass medical cannabis legislation, after California and Michigan.

"The passage of New Jersey's medical cannabis law is a victory for commonsense health policies," said Caren Woodson, ASA's government affairs director. "It's only a matter of time before the federal government catches up."

The bill was passed by a 48-14 vote by the General Assembly and a 25-13 vote by the State Senate after years of lobbying by patients and advocates. New Jersey officials must now develop regulations for administering the program that will go into effect in six months. The law prohibits patients from cultivating their own medicine, requiring them to purchase their medicine from one of the six distribution centers to be established by the state.

The number of patients who will qualify for access through the state-run program is unclear, since lawmakers intentionally excluded the primary condition for which patients use cannabis: chronic pain. Among the qualifying conditions for which a doctor may recommend cannabis are cancer, HIV/AIDS, Lou Gehrig's disease, muscular dystrophy and multiple sclerosis.

Following the signing of his state's medical cannabis bill, U.S. Representative Donald Payne (NJ-10) added his name to the list of co-sponsors on the federal Truth in Trials bill, which would allow medical cannabis patients who face federal marijuana charges that they were acting in compliance with state law. Currently, federal rules of evidence prevent cannabis patients from using any type of medical defense.

The "New Jersey Compassionate Use Medical Marijuana Act" can be downloaded here.

Maryland to Consider Medical Cannabis Bill

Maryland Delegate Dan Morhaim announced at a January 26 press conference that he will be introducing a bi-partisan bill to protect the state's medical cannabis patients.

The bill would reclassify marijuana as a Schedule II drug under state law and allow eligible patients to obtain and possess medical cannabis when recommended by a physician. Similar to New Jersey's recently enacted law, patients would be required to purchase their medicine from designated centers run and regulated by the state.
Morhaim estimates that Maryland could register 1,000 qualified patients per month, if the bill is passed.

District of Columbia Takes Up Implementation

Medical cannabis patients in Washington, D.C. are edging closer to legal protection, in the wake of a lifting of the Congressional ban on implementing the medical cannabis initiative passed overwhelmingly by city voters in 1998. City Councilmember David Catania has introduced a bill, co-sponsored by nine of the 13 council members, that would put Initiative 59 into effect.

The council will consider regulations on how many dispensaries to allow, whether they'll be nonprofit, for which conditions patients can qualify, and rules for cultivation. Catania has said he anticipates five to 10 nonprofit dispensaries in the city, restricted to locations at least 1,000 feet from schools, parks and other dispensaries.
A council spokesperson predicted the council will pass the bill by late spring, and may be approved in Congress by the end of summer.

California Supreme Court Nixes Quantity Limits on Medical Marijuana

Protection from arrest upheld for state-issued ID cardholders
In a unanimous ruling, the California Supreme Court said lawmakers cannot impose limits on how much cannabis qualified patients may possess or cultivate. The published decision in People v. Kelly struck down plant and possession guidelines established by the state legislature in 2003, declaring the limits to be an unconstitutional change to the Compassionate Use Act approved by voters in 1996. Under the ruling, California patients are entitled to quantities consistent with their reasonable personal use.

The court left intact the legislature's voluntary ID card program, which provides protection from arrest and prosecution for card-carrying patients who are within state or local guidelines for personal-use quantities. Californians who exceed those guidelines may still have to go to court to prove their compliance with state law.

"The California Supreme Court did the right thing by abolishing arbitrary limits on medical marijuana possession and cultivation," said Joe Elford, ASA Chief Counsel. "At the same time, the court may have left too much discretion to law enforcement. Qualified patients should not fear arrest and prosecution."

The ruling affirms the decision of an appellate court to overturn the conviction of a southern California man, Patrick Kelly, who uses cannabis to treat a number of serious medical conditions, including hepatitis C, chronic back pain, and cirrhosis. A jury had concluded that the 12 ounces of dried cannabis and 7 plants Kelly had at his home exceeded the limits of 8 ounces and six mature plants established by the legislature's 2003 Medical Marijuana Program Act.

In an unusual twist, attorneys for both Kelly and the State of California told the court that the legislative limits on medical marijuana should be abolished as unconstitutional. Both parties also opposed the appellate court's invalidation of the entire statute, Health & Safety Code Section 11362.77, which protects ID cardholders from arrest and prosecution if they are in compliance with local or state guidelines. The state high court agreed, and reversed the appellate decision on the ID card program.

The California Supreme Court decision can be downloaded here.

Appeals Court Requests More Briefs on Dispensary Bans

In a critical case that addresses the right of medical cannabis dispensaries to operate, a California appeals court has asked for additional briefs. The case of Qualified Patients Association v. City of Anaheim, brought by attorney Anthony Curiale and argued at appeal by ASA Chief Counsel Joe Elford, raises the question of whether the legislature's 2003 Medical Marijuana Program Act preempts municipalities from banning dispensaries. ASA argues that it does, but the Court of Appeal for the Fourth Appellate District has asked for additional arguments on the legislature's intent, as the law specifies exemptions from statutes that could be the basis for such bans. A favorable ruling would mean legal challenges to any local ordinances that ban collectives and cooperatives from dispensing cannabis to qualified patients.

LA to Regulate Medical Cannabis Dispensaries

Restrictions on Locations May Be "Poison Pill"

The second largest city in the U.S. has adopted regulations for the operation of medical cannabis dispensaries. After more than two years of lobbying by ASA and other patient advocates, the Los Angeles City Council passed an ordinance establishing rules for the operation of patient collectives and cooperatives that dispense medical cannabis.

"This is a bittersweet victory for medical marijuana patients in Los Angeles," said Don Duncan, who led the lobbying effort as ASA's California director. "We've fought hard for sound regulations, but this ordinance includes "poison-pill" restrictions that threaten to wipe out nearly all of the dispensaries in the city."

More than 500 medical cannabis dispensaries currently serve Los Angelenos. The new regulations limit the number of dispensaries that may operate in the city to 70, though the 137 dispensaries that were registered with the city two years ago, when the city council established an Interim Control Ordinance, can apply to remain open.

Among the new rules with which dispensaries must comply are restrictions on location. The ordinance establishes buffer zones of 1,000 feet around schools, parks, and other "sensitive use" locations, and prevents any dispensaries from being located adjacent to residential or mixed-use buildings.

"Dispensaries will be unable to locate in virtually any of the commercial zones in the city," said ASA spokesperson Kris Hermes. "They will be relegated to remote industrial zones, making access unnecessarily onerous for many patients."

The vast majority of registered dispensaries cannot comply with the ordinance's proximity restrictions and may be forced to move, but a concession won by ASA creates an exception for operators who can demonstrate they have been "good neighbors" in their current location.

Los Angeles joins more than 40 other cities and counties in California that have adopted regulations for the distribution of medical cannabis through patient collectives and cooperatives.

ASA Affiliate Packs Sheriff Candidates Forum

At a recent forum, candidates for sheriff in Sacramento County, California, faced questions on medical cannabis from a host of patients and advocates organized by Crusaders for Patients Rights (CPR), an ASA affiliate. The January 20 forum was sponsored by the League of Women Voters, the Sacramento County Deputy Sheriffs' Association and the Sacramento County Law Enforcement Managers' Association.

Prior to the forum, Lanette Davies of CPR urged members at the organization's meeting to attend, which she then followed up with an announcement of the forum on the ASA Sacramento email list. The result was that of the 50 people in attendance at the forum, a dozen were patients or advocates.

Questions for the candidates were selected by the League of women Voters from cards submitted by attendees. Thanks to the strong showing by CPR, 25-30 of the cards submitted had questions about medical cannabis, with two being presented to the candidates for sheriff.

Bret Daniels, a former sheriff's deputy, gave his full support. Jim Cooper, a captain in the department who is currently the mayor of Elk Grove, said he supports legitimate patients but feels there is too much abuse. Scott Jones, also a department captain, states he supports the law. The three men are seeking to replace Sheriff John McGinness, who is retiring after one term.

The forum has been broadcast twice on local cable channels.

All are welcome at the Hope Support Group Meeting. Responsible onsite medication is allowed for legal medical cannabis patients.

Comedian Howard Rover, The Comedy Store, NUG Magazine and San Diego Americans for Safe Access presents:

Medical Marijuana ExtravaGANJA! A night of comedy!

Long time gay rights and cannabis activist Dennis Peron founded California's dispensary in San Francisco in 1990.

Stunned at the rapid increase in the number of registered medical marijuana patients in the state, the Colorado Senate voted overwhelmingly Monday to impose new restrictions on physicians who make medical marijuana recommendations. The Senate voted 34-1 to pass SB 109.

Sponsored by Sens. Chris Romer (D-Denver) and Nancy Spence (R-Centennial), the bill would require physicians who make medical marijuana recommendations to have a "bona fide" relationship with patients, including treating a patient before he applies for medical marijuana, conducting a thorough physical exam, and providing follow-up care. The bill would also bar doctors from being paid by dispensaries to write recommendations and require that they not have any restrictions on their medical licenses. Doctors would have to keep records of all medical marijuana recommendations and provide them to state health agencies seeking to investigate doctors for violating state laws.

The bill would also require persons between 18 and 21 to get recommended by two different physicians.

Colorado began registering medical marijuana patients in June 2001 after voters approved a constitutional amendment legalizing its use. For years, the number of patients hovered around 2,000, but after state courts last year threw out a regulation limiting the number of patients caregivers could provide for to five and the Obama administration signaled that it was not going to interfere in medical marijuana states, the numbers exploded. By last September, there were more than 17,000 registered patients, and now the number is near 40,000. A similar boom has gone on with dispensaries, with Colorado now second only to California in their numbers.

The bill was supported by Colorado law enforcement and the Colorado Medical Association, but was opposed by most medical marijuana patients and providers.

"This is the beginning of the end of the Wild West" for the state's booming medical-marijuana industry, said bill sponsor Sen. Chris Romer.

"This bill is an unprecedented assault on the doctor-patient privilege that would hold medical marijuana doctors to a higher standard than any other doctor," medical marijuana attorney Robert Correy told lawmakers. "This would cause human suffering. The most sick and the most poor would be disproportionately harmed. You're going to see the Board of Medical Examiners conducting witch hunts against medical marijuana providers."

The bill now moves to the House.

The Los Angeles City Council voted 9-3 Tuesday to approve a medical marijuana dispensary ordinance

The Obama administration announced this week that it is nominating acting

Former French Polynesia President Oscar Temaru has said

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The Oakland-based activists behind the Tax and Regulate Cannabis 2010 California marijuana legalization initiative Thursday handed in more th

Predictably, the trajectory towards more compassionate marijuana policies brings people out of the shadows to celebrate this unique and infinitely useful plant. Unlike other medicines, cannabis comes in a thousand forms and lends itself to inquiry and discussion comparable to that of music, art, food and wine. Mix in the fact that a lot of people are able to appreciate it openly for the first time in their lives and it should come as no surprise that they're organizing events to see who can grow the best stuff.

Such contests generated controversy this week, raising the question of whether medical marijuana patients might be enjoying their freedom at the expense of further political progress. In Colorado, an upcoming event prompted a critical editorial questioning whether a pot contest serves any legitimate medical purpose. Meanwhile, in Michigan, a similar event was shut down after law-enforcement officials questioned its legality due to the state's tight restrictions on distribution by caregivers. Despite overwhelming public support for medical marijuana, the idea of patients convening to consume large quantities of top-grade medicine seems a bit of a stretch for some observers.

Surely, we can expect more of this sort of thing, and I understand the enthusiasm for bringing together a community that's been forced underground for generations. But there's also a line that has to be drawn somewhere and those whose states are ahead of the curve should really consider the impact of their approach on those still fighting for reform elsewhere in the country. The example you set inevitably impacts the tone of the debates taking place elsewhere. The "lessons of California" have inspired much more restrictive approaches in subsequent medical marijuana states, resulting in fewer patients receiving the care and protection that they need. Yet the problem in California was never really the distribution of medicine to a large patient population, but rather the conspicuous magnitude of the cultural and industrial phenomenon that Prop. 215 became.

Obviously, to us at least, any difficulties adapting to the new reality of medical marijuana in America are to be blamed first and foremost on the drug war, the Feds, sometimes the press, and absolutely the local governments that failed to regulate the industry in the hope that it would just go away. But as decades of hysteria and injustice begin finally to subside, our work isn't necessarily going to get any easier. Pot-tasting parties are awesome, I'm sure, but they're awfully far removed from the professional advocacy that got us to this point and if they piss off even a few people, then maybe it's better to wait or just invite people you know.  

Marijuana remains illegal for healthy people everywhere in America, thus the examples set today by the medical marijuana community will inevitably shape the political landscape and determine the future of the movement for complete and permanent reform.

Marijuana undermines academic performance, they claim, so the punishment for marijuana is that you're not allowed to go to school anymore:

Three Liberty High School students were expelled for possession of what police and district officials say they suspect is marijuana on Jan. 13, 20 and 21.School employees found a 15-year-old student in possession of a small amount of marijuana on campus Jan. 13.

School officials proceeded to ask questions about other students who might have marijuana on campus as well… [Issaquah Press]

Yeah! Get the kids to rat on their friends so you can expel as many of them as possible. Teach them responsibility by taking away the one responsibility they have. Make them be normal by separating them from their peers and leaving them with no one to turn to.

And if these kids grow up to be total losers, we'll blame it on the marijuana.

Monthly Public Meeting Agenda
Lawrence Twp. Library (Mercer County) Room #2
Tuesday, February 9, 2010; 7:00 PM -- 9:00 PM

7:00 PM: Call meeting to order. Approve January 2010 minutes. Discuss:

- The New Jersey Compassionate Use Medical Marijuana Act was signed into law on January 18, 2010. Thank you to all the patients, activists and volunteers who made this possible. The law is scheduled to take effect in six months (July 2010). Emergency regulations are expected to be put out by the NJ Departments of Health (DHSS), and Law & Public Safety (LPS) in three months. No info will be available about how to apply for ID cards or how to become an Alternative Treatment Center (ATC) before that.

- CMMNJ is committed to working for safe and legal access to marijuana for all qualified NJ patients. CMMNJ meetings will continue in 2010, same time, same place.

- Public support at MS patient John Wilson's sentencing by Judge Reed on 2/5/10 at 9:00 AM at the Somerset County Court House in Somerville, NJ. Write to the judge asking for leniency. Write to the governor and ask him to pardon John altogether. Even State Senators urge Gov. Corzine to pardon him.

- Recent events: Medical Marijuana Breakfast at the New Jersey State Nurses Association on 2/5/10 (8:30 AM -- 10:30 AM) with speakers Reed Gusciora (D-Prnceton), and Ken Wolski, RN ($30 members, $50 non-members). PhillyNORML Fundraiser at The Rotunda on Walnut St., Philadelphia on 1/29/10 at 7 PM ($5 cover).

- Treasury report: Checking: $3,138.60; PayPal: $838.51. Please consider a tax-deductible donation to CMMNJ, a 501(c)(3) public charity, to fund education about medical marijuana. Donations may be made securely through Paypal or checks made out to "CMMNJ" and sent to the address below. Get a free t-shirt for a donation above $15—specify size. Thank you for your support.

CMMNJ's scheduled meetings are Feb. 9, & March 9, 2010 (the second Tuesday of each month) at the Lawrence Twp. Library from 7:00 PM until 9:00 PM. All are welcome. Snacks are served. The library is at 2751 Brunswick Pike, Lawrence Twp., Tel. #609.882.9246. (Meeting at the library does not imply their endorsement of our issue.)

For more info, contact:

Ken Wolski, RN, MPA
Executive Director, Coalition for Medical Marijuana--New Jersey, Inc. www.cmmnj.org
219 Woodside Ave., Trenton, NJ 08618
(609) 394-2137
ohamkrw@aol.com

The Los Angeles City Council voted 9-3 today to approve a medical marijuana dispensary ordinance that, if enforced, will shut down more than 80% of the city's estimated nearly one thousand dispensaries. The ordinance also bars dispensaries from operating within a thousand feet of schools, parks, day care centers, religious institutions, drug treatment centers, or other dispensaries.

The ordinance allows for only 70 dispensaries to operate in the city, but grandfathers in 137 dispensaries that were licensed before the council imposed a moratorium on new dispensaries. The number of allowed dispensaries could shrink even further if suitable locations that do not violate the 1,000-foot rule cannot be found.

With this vote, the city council will effectively push thousands of dispensary employees onto the unemployment rolls.

Look for a feature article on the council vote and its ramifications on Friday.

Please join New Jersey State Nurses Association/Interested Nurses Political Action Committee at this important breakfast series event.

Last Chance to Register for NJSNA/INPAC Breakfast Series...Registration Closes Wed. 1/27/10

Hear directly from elected leaders who make decisions on the issues impacting your nursing practice. NJSNA will bring together top officials, committee chairs, and candidates for insightful briefings and question and answer sessions.

Date: Thursday, February 4, 2010

Time: 8:30 AM to 10:30 AM

Session Topic: Medical Marijuana

Location: NJSNA HQ - 1479 Pennington Road, Trenton NJ

Speakers:

Assemblyman Reed Gusciora (D-15)
Ken Wolski, RN Executive Director Coalition for Medical Marijuana-New Jersey, Inc.

Price: NJSNA Members $30 ~ Non-Members $50

*** Registrations will not be processed without proper payment. Pre-registration is required - there will be no on-site registration for this event ***

Register On-Line at www.NJSNA.org

FOR IMMEDIATE RELEASE

January 25, 2010

Nevadans for Sensible Marijuana Laws to Unveil New Ad Criticizing D.A. Gammick

Ad Questions whether Gammick is Making Washoe County Safer by Punishing Adults Who Use Marijuana Instead of Alcohol

CONTACT: Dave Schwartz, NSML ………. 702-727-1081 or dave@sensiblemarijuanalaws.org

RENO, NEVADA — Nevadans for Sensible Marijuana Laws will unveil a new ad Tuesday that asks Washoe County District Attorney Richard Gammick why he is against ending Nevada’s prohibition on marijuana. The ad will air Wednesday, January 27 on KRNV in Reno.

         “The ad we are unveiling Tuesday addresses a serious subject—public safety,” said Dave Schwartz, campaign manager for Nevadans for Sensible Marijuana Laws. “It does so by contrasting the fact that 25 to 30 percent of all violent crimes in the U.S. are alcohol-related with District Attorney Gammick's desire to focus law enforcement resources on adults who use marijuana, which is less harmful than alcohol and less likely to lead to acts of violence. In the end, we ask whether Mr. Gammick wants Washoe County to be safer.  This is not a rhetorical question.  We want Mr. Gammick to explain how punishing adults for using marijuana and steering them toward alcohol instead makes us safer as a society.

            “As a man with a long history in law enforcement—as well as many interesting life experiences—Mr. Gammick should appreciate the wide range of societal harms produced by alcohol,” Schwartz continued.  “From domestic abuse to assaults outside of bars to irresponsible and reckless drivers on our streets, alcohol use poses a serious threat to the health and safety of members of our communities.  In every way, marijuana is less of a threat to our communities.  Yet for some reason, Mr. Gammick feels that marijuana users are less responsible than alcohol users.”

         You can view the ad at: http://www.youtube.com/watch?v=vvwJuCeO-uA

         An episode of the television show “Nevada Newsmakers” featuring Dave Schwartz and D.A. Gammick is scheduled to air February 4.

         WHO: Dave Schwartz, campaign manager, Nevadans for Sensible Marijuana Laws

         WHAT: Press Conference Unveiling TV Ad Against D.A. Gammick

         WHERE: Reno Justice Court, Mills Lane Building, One South Sierra Street -- Reno, NV

         WHEN: Tuesday, January 26, at 11:00 a.m.

Nevadans for Sensible Marijuana Laws is a ballot advocacy group formed in Nevada to support a 2012 ballot initiative to tax and regulate marijuana like alcohol in the state.

###

As the Nation's Capital moves quickly towards implementing our very long-awaited medical marijuana law, we suddenly find ourselves obsessing over the sorts of local regulations many of us have only observed from afar. As one might imagine, the D.C. City Council is less than thoroughly experienced when it comes to regulating the distribution of medical marijuana, resulting in proposed amendments like this one:

No person with a misdemeanor conviction for a drug-related offense or felony conviction shall own or work for a registered dispensary

Whoa, slow down there. Naturally, none of us want to see D.C.'s first dispensaries run by a bunch of thugged-out ex-cons, but let's all just stop and think about this for a second. Would you ban someone from working in the medical marijuana industry because they have an arrest on their record for…medical marijuana?

It just so happens that many people in the patient and caregiver community have been arrested, not because of their own character flaws, but because of long-standing character flaws in the criminal law itself that turn sick people into criminals. We've waited an unbelievable 11 years for Congress to step aside and allow this law to take effect. Certainly, anyone who's accumulated battle scars during that time shouldn't be sanctioned again now that their past actions will finally be protected under the law.  

If the people of the District of Columbia can agree, as they emphatically did back in 1998, that it's wrong to arrest patients for medical marijuana, then we really shouldn’t be closing new doors to those who've had the misfortune of being arrested for their medicine. This is by no means the most significant regulatory hurdle to be overcome in D.C., but I find it noteworthy for the ironic prejudice it exhibits towards the exact people this law is designed to protect.