Monday, November 29, 2010
Compassionate Use Medical Marijuana Act effectively rescheduled marijuana in New Jersey
Board of Pharmacy
PO Box 45013
Newark, NJ 07101
November 23, 2010
Re: Compassionate Use Medical Marijuana Act effectively rescheduled marijuana in New Jersey
Dear Ms. Boyer:
The New Jersey Compassionate Use Medical Marijuana Act (the Act) effectively rescheduled marijuana in New Jersey. The passage of the Act is inconsistent with the classification of marijuana as a Schedule I medication under the New Jersey Controlled Dangerous Substances Act, N.J.S.A. 24:21-2.
According to N.J.S.A. 24:21-2, a substance is Schedule I if the substance: “(1) has high potential for abuse; and (2) has no accepted medical use in treatment in the United States; or lacks accepted safety for use in treatment under medical supervision.”
But the very rules that the New Jersey Department of Health and Senior Services propose to implement the Act note that “the Act finds and declares that marijuana has beneficial uses in treating or alleviating pain or other symptoms associated with certain debilitating medical conditions.” Elsewhere in the proposed rules, the New Jersey Board of Medical Examiners note that “the Act authorizes the use of marijuana to treat or alleviate pain or other symptoms associated with certain specifically identified debilitating medical conditions.” The Act and these proposed rules establish a program for the safe use of marijuana, under medical supervision, in the treatment of a variety of diseases and symptoms. The Act is entirely inconsistent with marijuana’s continued inclusion in New Jersey’s list of Schedule I drugs.
Other drugs listed as Schedule I include heroin, Peyote and Lysergic acid diethylamide (LSD). Clearly, these are drugs that have no current, accepted medical uses in the United States. But just as clearly, marijuana has recognized medical uses in the United States. So far 15 states and the District of Columbia have removed penalties for patients who use medical marijuana. Time magazine estimates that over 369,000 patients are currently using marijuana with their physicians’ recommendations in the one-third of the U.S. that has these programs. Time also notes in its November 22, 2010 edition, “More than a dozen other states are considering the idea.” A number of national medical organizations urge immediate legal access to marijuana for patients who would otherwise suffer needlessly or become lawbreakers. The organizations that recognize accepted medical uses for marijuana include the American Academy of Family Physicians, the American Public Health Association, the American Nurses Association and the American College of Physicians. Even the American Medical Association last year endorsed marijuana’s rescheduling on a federal level.
Please have the New Jersey Board of Pharmacy recognize and declare that marijuana has been rescheduled in New Jersey by this Act. Then the Board of Pharmacy could join with its health care colleagues noted above and petition the federal government to reschedule marijuana throughout the entire U.S.
Thank you for your anticipated cooperation in this matter.
Sincerely yours,
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
Star-Ledger: Legislature is right to kill Christie's pot rules
Ten months after the medical marijuana law was passed, with a poll now showing 82 percent of New Jerseyans favor it, you’d think suffering patients would be getting relief. But passing the bill was the easy part. Now the Legislature has to force Gov. Chris Christie to implement it.READ FULL ARTICLE: Legislature is right to kill Christie's pot rules
Gov Christie talks with medical marijuana patients on Twitter
Nov 26- mmjblog Charles Kwiatkowski: @GovChristie Show compassion for patients in NJ and reverse the unworkable medical marijuana regulations proposed by the DHSS.
Nov 26 GovChristie Governor Christie : @mmjblog NJ will not be allowed to become California or Colorado on my watch. Our regs will permit the truly sick to obtain pain relief.
Read full article: NJ: Gov Christie talks medical marijuana on Twitter
Wednesday, November 24, 2010
KenWolski: Marijuana therapy interruption is cruel
Wednesday, November 24, 2010
SPECIAL TO THE TIMES
By Ken Wolski
The proposal by the state Board of Medical Examiners (BME) to make New Jersey doctors try to wean their patients off of medical marijuana every three months is simply another example of how the crafting of medical marijuana regulations is being driven by fear, ignorance and hostility ("Christie: Tighten rules on medical marijuana," Nov. 16).
The New Jersey Compassionate Use Medical Marijuana Act is already the most restrictive of all such laws in the nation. The qualifying conditions are severely limited and include any patient with a diagnosis of less than 12 months to live. Now the BME is insisting that doctors periodically stop a medication that brings relief to a dying patient "in an effort to reduce the potential for abuse or dependence." It is absurd and cruel. Drug dependence is simply not an issue for a patient with only months to live.
READ FULL OPED at the Times of Trenton
Tuesday, November 23, 2010
NJ: Assembly rejects medical marijuana limits
by Chris Goldstein 11/23/10 - The New Jersey Assembly sent a strong message to the Department of Health and Senior Services (DHSS) that the new limitations on the medical marijuana program are outside the compassionate use law’s intent. Resolution ACR 151 was passed yesterday 48-22-7.
Although voting was also expected in the state Senate sponsor Nicholas Scutari grudgingly removed the concurrent resolution at the last minute. Some supporting Senators were absent for the session and he wanted to be sure of the best chance for passage. SCR 130 may now see floor voting on December 9, 2010.
Media, editorials on NJ medical marijuana
Courier-Post: Medical Marijuana rules need adjusting
Daily Record: Medicinal pot not working as planned
Star-Ledger: Easing of N.J. medical marijuana rules stalls in Senate from lack of support
Star-Ledger: NJ Assembly calls on Christie to relax medical marijuana rules
Ken Wolski in the Times of Trenton: DHSS medicinal marijuana rules require much revision
Dr. Poonam Alaigh in the Times of Trenton: Medicinal Marijuana Program assures patient access
Chris Goldstein in the Star-Ledger: Snuffing out medical marijuana
Monday, November 22, 2010
NJ Legislature votes today on medical marijuana resolutions
The Department of Health and Senior Services (DHSS) released the draft rules last month. Patients, advocates and the law’s sponsoring legislators agree that the proposed regulations are far outside of the legislative intent.
Among the new limitations introduced by DHSS were a 10% limit on THC content, limiting cultivation to just three strains and imposing a physician registry.
In a 10/19/10 OPED to the Times of Trenton, CMMNJ executive director Ken Wolski said, “The draft rules proposed by the DHSS for the Medicinal Marijuana Program are so burdensome, unnecessary and outside the scope of the law that they demand extensive revision." http://www.nj.com/opinion/times/oped/index.ssf?/base/news-1/1287467128220520.xml&coll=5
On 11/8/10 the Senate Health and Senior Citizens Committee as well as the Assembly Regulatory Oversight and Gaming Committee forwarded the resolutions for floor voting. Dozens of potentially qualifying New Jersey residents testified for the regulations to be re-written. On 11/15/10 the Senate Judiciary Committee also moved the resolution ahead.
DHSS commissioner Dr. Poonam Alaigh wrote a Guest Column in the Times of Trenton on 11/16/10 to explain her department’s position on the marijuana regulations. Alaigh defended the new limitations without compromise, concluding with: “As a physician, my first and foremost concern is for patients. As the commissioner of the Department of Health and Senior Services, my first and foremost concern is the well-being of all New Jerseyans.” http://www.nj.com/opinion/times/oped/index.ssf?%2Fbase%2Fnews-1%2F1289889942195350.xml&coll=5
CMMNJ spokesperson Chris Goldstein wrote an OPED in the 11/17/10 Newark Star-Ledger that addressed many of Alaigh’s points. “New Jersey passed the most limited compassionate use law in the country. Polling shows 82 percent of residents support it… Enacting the draft regulations from DHSS would effectively crush the holistic model of cannabis therapy here, except underground.”
http://blog.nj.com/njv_guest_blog/2010/11/snuffing_out_medical_marijuana.html
Patients and local medical marijuana experts say they are ready to sit down with Governor Christie and DHSS officials to help get a better understanding of the intent of the compassionate use law.
The Assembly voting session is scheduled to begin at 1:00PM and the Senate at 2:00PM.
Watch and listen live at: http://www.njleg.state.nj.us/
Tuesday, November 16, 2010
How to comment on NJ Medical Marijuana Program rules
November 15, 2010
Poonam Alaigh, MD, MSHCPM, FACP Commissioner
For Further Information Contact:
Office of Communications
(609) 984-7160
Department of Health and Senior Services Proposes Medicinal Marijuana Rules N.J.A.C. 8:64 Medicinal Marijuana Program Rules
The Medicinal Marijuana Program of the Division of Environmental and Occupational Health Services of the Department of Health and Senior Services (Department) is proposing rules to implement N.J.S.A. 24:6I-1, the “New Jersey Compassionate Use Medical Marijuana Act.” The notice of proposal appears in the November 15, 2010, issue of the New Jersey Register.
The Department will hold a public hearing on the proposed new rules between 10:00 A.M. and 12:00 P.M. on December 6, 2010 at the New Jersey Department of Health and Senior Services, First Floor Auditorium, Health and Agriculture Building, 369 South Warren Street (at Market Street), Trenton, New Jersey 08608.
The public has until January 14, 2011, to comment on the proposal. Persons wishing to comment on the proposal must submit their comments in writing by regular mail to Ruth Charbonneau, Director, Office of Legal and Regulatory Affairs, Office of the Commissioner, NJ Department of Health and Senior Services, P O Box 360, Trenton, NJ 08625-0360. Written comments must be postmarked on or before January 14, 2011, which is the close of the 60-day public comment period. The Department will not accept telefacsimiles or electronic mail messages as official comments on the notice of proposal.
Please contact Ken Wolski at CMMNJ if you would like any assistance in offering testimony ohamkrw@aol.com
Monday, November 15, 2010
BREAKING: DHSS posts regulations, public hearings scheduled
A public hearing on the proposed new rules will be held between 10:00 A.M. and 12:00 P.M. on Monday, December 6, 2010 at the following address:
New Jersey Department of Health and Senior Services
First Floor Auditorium
Health and Agriculture Building
369 South Warren Street (at Market Street)
Trenton, New Jersey 08608
Friday, November 12, 2010
ACTION ALERT - Contact NJ legislators to support medical marijuana
Please take a moment to support realistic regulations for our medical marijuana program:
http://capwiz.com/norml2/issues/alert/?alertid=19491501
Thank you!
MS patient video to Gov Christie
Thursday, November 11, 2010
NJ Legislators: Make the DHSS rewrite the Medicinal Marijuana Program Rules
November 11, 2010
Dear New Jersey Legislator:
Please support Resolutions SCR130 and ACR151 introduced by Senator Nicholas Scutari and Assemblyman Reed Gusciora that will compel the New Jersey Department of Health and Senior Services (DHSS) to rewrite the rules for the New Jersey Compassionate Use Medical Marijuana Act.
The rules proposed by the DHSS for the Medicinal Marijuana Program are so burdensome, unnecessary and outside the scope of the law that they demand extensive revision.
These rules:
• Endanger the entire program by limiting marijuana cultivation to two facilities;
• Arbitrarily limit the THC content of the marijuana to the detriment of patients;
• Create a burdensome and unnecessary physician registry;
• Delay for two years the addition of qualifying medical conditions for the program; and,
• Micromanage the Alternative Treatment Centers with rules far more restrictive than those required for pharmacies.
Senate and Assembly committees heard testimony and favorably passed Resolutions SCR130 and ACR151 on November 8, 2010. Please vote in favor of these Resolutions when they come before the entire legislature. We are only asking the DHSS to follow the law as written. Patients in New Jersey will be grateful for your support.
Sincerely yours,
Ken Wolski, RN, MPA
Executive Director
Coalition for Medical Marijuana—New Jersey, Inc.
219 Woodside Ave.
Trenton, NJ 08618
Resolutions pass supporting medical marijuana patients
Statement from Ken Woski RN, executive director of CMMNJ:
“The Coalition for Medical Marijuana--New Jersey is grateful that Senator Scutari and Assemblyman Gusciora's concurrent Resolutions (SCR130/ACR151) passed favorably out of their respective committees yesterday after a full afternoon of testimony by supporters of safe cannabis access. This shows more than ever that patients and advocates need to be more deeply involved in the development of reasonable regulations to enact the Compassionate Use Medical Marijuana Act.”
The Department of Health and Senor Services (DHSS) issued draft regulations for the medical marijuana program last month. New limitations were introduced including: A physician registry, capping THC content, having just three strains of cannabis and limiting cultivation to just two centers.
Advocates, patients and the sponsoring legislators contend that DHSS officials have crafted rules far outside of the intent of the compassionate use law.
The resolutions now go to the Senate and Assembly for floor votes. If passed, the Christie Administration and DHSS would have 30 days to re-evaluate the draft regulations.
CONTACT: Ken Wolski 609 394 2137 ohamkrw@aol.com or media@cmmnj.org
CMMNJ is the only tax-exempt 501c3 non-profit in New Jersey whose mission is to educate the public about the benefits of medical marijuana.
Monday, November 8, 2010
NJ medical marijuana committee hearings today
Senate - 1:00PM Committee Room #1, State House Annex 1st Floor
Assembly - 2:00PM Committee Room #13, state House Annex 4th Floor
Those who cannot attend can listen live at http://www.njleg.state.nj.us/media/live_audio.asp
Friday, November 5, 2010
Senate and Assembly committees to hear medical marijuana resolution
The Coalition for Medical Marijuana New Jersey CMMNJ
www.cmmnj.org
CONTACT: Ken Wolski 609 394 2137 ohamkrw@aol.com
Senate and Assembly committees to hear medical marijuana resolution
On Monday November 8, 2010 committees in both houses of the New Jersey legislature will hear new resolutions to address overly limiting rules proposed by the Christie Administration.
The Department of Health and Senor Services (DHSS) issued draft regulations for the medical marijuana program last month. Among the new limitations: A physician registry, capping THC content, having just three strains of cannabis and limiting cultivation to just two centers.
Advocates, patients and the sponsoring legislators contend that DHSS officials have missed the intent of the compassionate use law. Senator Nicholas Scutari and Assemblyman Reed Gusciora introduced resolutions SCR130/ ACR151, that may force a re-write of the proposed regulations.
The Senate Health, Human Services and Senior Citizens Committee hearing on SCR130 will begin at 1:00PM in Committee Room #1 on the first floor of the State House Annex.
The Assembly Regulatory Oversight and Gaming Committee hearing on ACR151 will begin at 2:00PM in Committee Room #13 on the fourth floor.
Potential patients, family members, advocates, marijuana experts, physicians and potential Alternative Treatment Center Operators are all expected to testify in favor of re-writing the regulations.
CMMNJ executive director Ken Wolski RN detailed advocates’ concerns with the proposed rules in an OPED to the Times of Trenton concluding “The draft rules proposed by the DHSS for the Medicinal Marijuana Program are so burdensome, unnecessary and outside the scope of the law that they demand extensive revision.”
Full OPED- http://www.nj.com/opinion/times/oped/index.ssf?/base/news-1/1287467128220520.xml&coll=5
CONTACT: Ken Wolski 609 394 2137 ohamkrw@aol.com
CMMNJ is the only tax-exempt 501c3 non-profit in New Jersey whose mission is to educate the public about the benefits of medical marijuana.
Assembly Committee to hear resolution Monday 11/8
A Senate committee will hear the matching resolution the same day.
Patients, families, potential ATC operators, physicians, health care workers and interested parties are asked to attend. Please testify or show support!
Wednesday, November 3, 2010
Action Alert! Medical marijuana resolution at Senate committee
The hearing on SCR 130 takes place at the State House Annex, Committee Room 1 in Trenton.
The Coalition for Medical Marijuana New Jersey, NORML-NJ and the Drug Policy Alliance New Jersey are all asking potential patients and others interested in the program to attend the hearing.
SCR 130 would start a process of re-writing draft regulations that seek to enact limitations outside of the law.
Tuesday, November 2, 2010
CMMNJ November Meeting Agenda 11/9/10
Monthly Public Meeting Agenda
Lawrence Twp. Library (Mercer County) Room #3
Tuesday, November 9, 2010; 7:00 PM – 9:00 PM
7:00 PM: Call meeting to order. Approve October 2010 minutes. Discuss:
Senator Scutari’s resolution, SCR 130, which will compel the DHSS to completely re-do their draft medical marijuana regulations, will be heard on Monday Nov. 8th at 1:00 PM in the Senate Health Committee, Committee Rm. #1, State House Annex, Trenton. SCR 130 determines that the proposed program rules are inconsistent with the legislative intent of the Compassionate Use Act. CMMNJ will testify in support of the resolution. Patients, advocates and ATC applicants are invited to attend the hearing and testify. Physician registry started. Public comment period is coming soon. Sign the petition protesting these rules at change.org.
Proposal to have ATC applicants form a Union. In unity there is strength!
CMMNJ also supports Sen. Scutari’s other Resolution, which urges the federal government to pass HR 2835, the Medical Marijuana Patient Protection Act. This bill, currently in Congress, would stop the federal government from interfering with state medical marijuana programs and also reschedule marijuana so that doctors could prescribe it.
Upcoming CMMNJ events: NJ League of Municipalities conference, Atlantic City 11/15-18/10. Stone Pony, Asbury Park, 4-day music event, 12/26 – 12/29. Web site revamp.
Treasury report: Checking: $6,404; PayPal: $3,073. Tax-deductible donations to CMMNJ, a 501(c)(3) public charity, may be made through Paypal on our web site, or send a check made out to “CMMNJ” to the address below. Get a free t-shirt for a donation above $15—specify size.
CMMNJ’s meetings are the second Tuesday of each month from 7 - 9 PM at the Lawrence Twp. Library, 2751 Brunswick Pike, Lawrence Twp., Tel. #609.882.9246. All are welcome. (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. 219 Woodside Ave., Trenton, NJ 08618 (609) 394-2137 ohamkrw@aol.com www.cmmnj.org
Monthly Public Meeting Minutes
Tuesday, October 12, 2010; 7:00 PM – 9:00 PM
Lawrence Twp. Library, Mercer County, NJ
7:00 PM: Call meeting to order. September 2010 minutes approved. Discussion:
Draft DHSS regulations (rules) to implement the Compassionate Use Act published on DHSS web site 10/6/10. CMMNJ calls rules “burdensome, unnecessary amendments” that violate the intent of the law. CMMNJ confronts Gov. at Ewing Town Hall, 10/12. State House Press Conference and protest planned for 10/14 (actually held 10/18.) Sen. Scutari & Asm. Gusciora opposed to rules. DHSS plans meeting for ATC applicants at the Trenton War Memorial on 10/13 at 1 PM. Public comment period will follow publication of rules in NJ Register.
CMMNJ’s support of Sen. Nick Scutari’s Resolution to pass the federal medical marijuana bill (HR 2835) which also reschedules marijuana: A packet of material was sent to elected officials which included: A cover letter, the CMMNJ Op Ed 9/12/10 in The Times of Trenton, & a DVD from ASA, “Medical Cannabis in California.”
Upcoming CMMNJ events: Patient Advisory Group meetings in Jersey City, 10/20; Wayne, 10/21; Collingswood, 10/27; & Ocean City, 10/28. Hydro Comics Tour, Crossroads, Garwood, NJ 10/22, NORML NJ Halloween Party, Pistol Pete’s, Pleasantville, NJ, 10/23; Asbury Lanes, Asbury Park, 10/24; Louis Bay Library, Hawthorne, NJ 10/27; NJ League of Municipalities, Atlantic City 11/15-18/10. Web site revamp. Recent events: Medical Grand Rounds at Trinitas Medical Center, Elizabeth, 9/23; Garden State Elder Care, Elberon, NJ 9/24; Diane Riportella fund raiser 9/25, Atlantic City; Rally with Pres. Obama, Philadelphia, 10/1; 40th Annual Great Midwest Marijuana Harvest Festival, Madison, WI 10/1-3; Lawrence Twp. Community Day, Bergen Park 10/3.
Treasury report: Checking: Checking: $6,472; PayPal: $3,238.
The next CMMNJ meeting will be 11/9/10 (the second Tuesday of each month.)
The CMMNJ Op Ed in the 10/19/10 edition of The Times of Trenton, NJ is at:
http://www.nj.com/opinion/times/oped/index.ssf?/base/news-1/1287467128220520.xml&coll=5
More coverage of this issue, following CMMNJ's press conference at the Trenton, NJ State House 10/18/10, is at:
http://www.nbcnewyork.com/news/local-beat/NJ-Medical-marij-105208949.html
http://www.news12.com/articleDetail.jsp?articleId=264133&position=1&news_type=news#fb_jump
Great column from a NJ MD re: the proposed regulations to enact the NJ Compassionate Use Medical Marijuana Act, at:
http://www.pressofatlanticcity.com/opinion/commentary/article_2d69f4e8-2cb5-50e2-a37c-64afd5b9f3d3.html
Monday, November 1, 2010
Thoughts on Prop 19 from CMMNJ
The mission of CMMNJ is to educate the public about the benefits of medical marijuana for patients who are under the care of licensed physicians. Marijuana is a safe, effective and inexpensive therapeutic agent for a wide variety of symptoms, diseases, and medical conditions. It should be available to any patient who can benefit from it. No patient should suffer needlessly, and no patient should ever go to jail for following the advice of a doctor.
Many of the most outspoken advocates for medical marijuana come from the movement for broader reform of drug laws. The Drug Policy Alliance (DPA) has an office in Trenton and has been actively lobbying for medical marijuana, along with other drug policy reform issues, for a number of years. The National Organization for the Reform of Marijuana Laws (NORML) was perhaps the first organization in America to work for medical marijuana. In 1972, NORML petitioned the federal government to reschedule marijuana so that doctors could prescribe it. NORML’s very popular booklet, “Emerging Clinical Applications for Cannabis and Cannabinoids” is a layman’s guide to the previous decade’s research into the numerous medical benefits of marijuana.
But not all those who support medical marijuana support broader access to it. Numerous patients, their families, health care organizations and medical professionals have also supported medical marijuana in New Jersey and they have no position on broader legalization of marijuana for recreational or religious purposes. It is simply not their issue.
So the voters in California will decide on Prop 19 tomorrow. The outcome is currently too close to call. Regardless of the outcome at the polls, Prop 19 is already a winner. It’s placement on the statewide ballot, its favorable polling numbers for several months, and its endorsement by numerous organizations and editorial boards has increased the dialogue about marijuana and has helped to dispel much of the government propaganda about the drug. It is this “reefer madness” that has held back medical marijuana access throughout the country. Even here in New Jersey, the 14th state to pass a medical marijuana law, nearly one full year ago, no patients are expected to legally receive marijuana for another 8 months or so.
Why are politicians so reluctant to allow even the sick and dying to have access to marijuana when the physicians of these desperately ill patients recommend it? The answer is, “Fear.” There is still fear that perhaps the federal government is right when it exaggerates the dangers and denies the benefits of medical marijuana. But California was the first state to legalize medical marijuana when it passed Prop 215 in 1996. Now, after a 14-year experiment with medical marijuana, California is not looking to go backwards. After the direct experience of hundreds of thousands of patients, their caregivers, their families and the medical professionals who follow these patients and monitor their progress, California is looking to expand access to marijuana with Prop 19, not become more restrictive.
If Prop 19 fails to pass into law tomorrow, it has laid the groundwork for marijuana legalization in California by 2012. Governor Schwarzenegger has said that it is time for a dialogue about marijuana legalization. That dialogue has taken place and the “Ayes” have it, or soon will. The outcome of this dialogue can only speed access to medical marijuana patients throughout the land.
Ken Wolski, RN, Executive Director
Coalition for Medical Marijuana—New Jersey, Inc. (www.cmmnj.org)
November 1, 2010