Proposed resolution in support of legalizing, taxing and regulating marijuana for adults in New Jersey

WHEREAS, the New Jersey State Nurses Association (NJSNA) adopted a Resolution in March 2002 that:

• Recognized the therapeutic value and safety of medically recommended marijuana; and,
• Supported legal access to medically recommended marijuana for patients in New Jersey who are under the care of a licensed health care provider; and,
• Urged the Governor of New Jersey and the New Jersey State Legislature to move expeditiously to make medical marijuana legally available to New Jersey residents who can benefit from it; and,

WHEREAS, the New Jersey Compassionate Use Medical Marijuana Act (CUMMA) was signed into law in January 2010; and,

WHEREAS, New Jersey’s CUMMA recognized that marijuana is a safe and effective treatment for a wide range of diseases, symptoms and conditions; and,

WHEREAS, the New Jersey Medicinal Marijuana Program (MMP) has been one of the most restrictive programs in the U.S., and it has the most expensive medical marijuana in the country at over $500 an ounce; and,

WHEREAS, out of New Jersey’s almost nine million residents, only about 30,000 patients in the state have actually been able to gain access to the therapeutic benefits of marijuana because of the highly restrictive nature and prohibitive costs of the MMP; and,

WHEREAS, the State of New Jersey (SONJ) currently makes possession by adults of small amounts of marijuana illegal; and,

WHEREAS, bona fide patients in New Jersey are still being arrested and still going to jail for the therapeutic use of marijuana; and,

WHEREAS, in 2013 law enforcement officers in the SONJ made 24,067 marijuana possession arrests; and,

WHEREAS, the SONJ spent over one billion dollars in the last decade on enforcement of marijuana possession laws; and,

WHEREAS, the existing laws concerning small amounts of marijuana waste the enforcement resources of police, prosecutors and courts that could be better spent on keeping the SONJ safe from serious crime; and,

WHEREAS, minorities in the SONJ are nearly three times more likely to be arrested for marijuana possession than Caucasians, despite similar rates of marijuana use; and,

WHEREAS, an arrest for a small amount of marijuana in the SONJ can lead to up to six months in jail, loss of a job, a driver’s license suspension, up to $1,225 in fees and fines, immigration consequences, loss of student financial aid, and eviction; and,

WHEREAS, despite the prohibition of marijuana and the approximately 800,000 marijuana possession arrests that occur in the United States each year, federal government data estimates that 111 million Americans have tried marijuana and more than 30 million Americans use marijuana each year; and,

WHEREAS, in 2014 the New Jersey State Municipal Prosecutors Association, whose members are primarily responsible for prosecuting marijuana possession arrests, voted to publicly support the legalization of marijuana, subject to reasonable regulations; and,

WHEREAS, the editorial boards of the New York Times, Star-Ledger, and the Times of Trenton have endorsed the legalization, taxation and regulation of marijuana; and,

WHEREAS, the SONJ could receive hundreds of millions of dollars per year in new revenue from the taxation of regulated marijuana sales to adults; and,

WHEREAS, this new tax revenue can be used to reinvest in our communities, and provide significant improvement in the overall public health of minorities and the residents of the inner cities of the SONJ; and,

WHEREAS, regulating marijuana in a State-controlled system will limit access to marijuana to adults aged 21 and over in licensed locations; and,

WHEREAS, regulation will ensure strict controls over marijuana advertising, labeling, quality, and use, while preventing access to minors; and,

WHEREAS, driving under the influence of marijuana will remain illegal in the SONJ, and regulating marijuana will not change that; and,

WHEREAS, marijuana has been successfully legalized and regulated in Colorado, California, Washington, Alaska, Oregon, Nevada, Maine, Massachusetts, Michigan, Vermont and Washington D.C.;

NOW, THEREFORE, BE IT HEREBY RESOLVED by the NJSNA that:

• the legalization of marijuana is the most efficient and effective way to meet the needs of the vast number of state residents who can benefit from marijuana therapy; and,
• the legalization of marijuana will end the wasteful and destructive criminal justice policy that disproportionately affects minorities and inner-city residents; and,
• the legalization of marijuana will provide new funding to improve the public health of minorities and inner-city residents of the SONJ; and,
• the legalization of marijuana will result in more fair and effective criminal justice and drug policies that encourage a public health approach to drug use and abuse, rather than just law enforcement involvement; and,
• the NJSNA hereby urges the Legislature to pass, and the Governor to sign legislation to legalize, tax and regulate marijuana for adults in the SONJ.

Respectfully submitted,

Kenneth R. Wolski, RN, MPA
November 5, 2018


References:

1. New Jersey State Nurses Association Resolution Concerning Therapeutic Marijuana: https://cmmnj.blogspot.com/2018/08/2002-medical-marijuana-resolution.html

2. New Jersey Compassionate Use Medical Marijuana Act: http://www.njleg.state.nj.us/2008/Bills/PL09/307_.HTM

3. The New Jersey Department of Health Medicinal Marijuana Program 2015 Annual Report and 2015 Biennial Report: http://nj.gov/health/medicalmarijuana/documents/annual_biennial_report2.pdf

4. Assemblyman Reed Gusciora: Medical Marijuana Regulations Too Burdensome: http://www.njtvonline.org/news/video/asm-gusciora-medical-marijuana-regulations-too-burdensome/

5. UNIFORM CRIME REPORT State of New Jersey 2014: http://www.nj.gov/oag/newsreleases16/2014_uniform_crime_report.pdf

6.” Marijuana arrests have serious consequences,” New Jersey United for Marijuana Reform:  https://www.njumr.org/criminal-justice-reform/arrest-consequences/

7. “Regulating Marijuana will allow law enforcement to target serious crime,” New Jersey United for Marijuana Reform:  https://www.njumr.org/facts/public-safety/

8. “Public Health,” New Jersey United for Marijuana Reform: 
https://www.njumr.org/facts/public-health/

9. “About Us,” New Jersey United for Marijuana Reform: 
https://www.njumr.org/about-us/

10. Marijuana Arrests in New Jersey:
https://www.aclu-nj.org/files/8813/8980/8519/2014_01_15_MarijuanaArrests_NJ.pdf

11. TESTIMONY IN SUPPORT OF THE LEGALIZATION, TAXATION, AND REGULATION OF MARIJUANA FOR ADULTS by: UDI OFER, EXECUTIVE DIRECTOR AMERICAN CIVIL LIBERTIES UNION OF NEW JERSEY:
https://www.aclu-nj.org/files/6014/4769/3729/2015_11_16_MJ_Test.pdf

12. The War on Marijuana in Black and White:
https://www.aclu.org/report/war-marijuana-black-and-white?redirect=criminal-law-reform/war-marijuana-black-and-white

13. Editorial, Star-Ledger Editorial Board, “Time to legalize marijuana,” Apr. 8, 2013: http://blog.nj.com/njv_editorial_page/2013/04/time_to_legalize_marijuana_edi.html

14. Editorial, New York Times Editorial Board, “Repeal Prohibition, Again,” July 26, 2014: http://www.nytimes.com/interactive/2014/07/27/opinion/sunday/high-time-marijuana-legalization.html

15. Editorial, Times of Trenton Editorial Board, “N.J. prosecutors make strong case for legalized marijuana” April 06, 2014:
http://www.nj.com/opinion/index.ssf/2014/04/editorial_making_the_case_for_legalized_marijuana_in_new_jersey.html

16. Legalizing marijuana endorsed by NJ Municipal Prosecutor’s Association:
http://www.nj.com/politics/index.ssf/2014/04/nj_municipal_prosecutors_association_endorses_marijuana_legalization.html

2002 Medical Marijuana Resolution

New Jersey State Nurses Association

Resolution Concerning Therapeutic Marijuana

Summary: A number of New Jersey residents would benefit from access to therapeutic marijuana as a form of treatment for their health problems.

Whereas: Marijuana has been used medicinally for centuries, and marijuana was widely prescribed by physicians in the United States until 1937, and;

Whereas: Marijuana has been reported to be effective in: a) reducing intraocular pressure in glaucoma, b) reducing nausea and vomiting associated with chemotherapy, c) stimulating the appetite for patients living with AIDS (acquired immunodeficiency syndrome) and suffering from the wasting syndrome, d) controlling spasticity associated with spinal cord injury and multiple sclerosis, and;

Whereas: Patients not helped by conventional medications and treatments may find relief from their suffering with the use of marijuana, and;

Whereas: The relative safety of marijuana has been established and the benefits associated with medical marijuana use would outweigh any potential adverse effects, and;

Whereas: Nurses have a fundamental responsibility to promote health, to prevent illness, to restore health and to alleviate suffering, and;

Whereas: Thirty-three states have passed legislation recognizing marijuana’s therapeutic value, and eight states have removed criminal penalties for use, possession and cultivation of marijuana for medical reasons, and;

Whereas: Ten State Nurses Associations, the American Nurses Association, the American Medical Association, the American Public Health Association and various other health-related associations have favorable positions on medical marijuana education and/or use, therefore,

Be it resolved that The New Jersey State Nurses Association:

1. Recognizes the therapeutic value and safety of medically recommended marijuana; and,

2. Recognizes the effect of second hand smoke on those in the immediate therapeutic environment; and,

3. Supports legal access to medically recommended marijuana for patients in New Jersey who are under the care of a licensed health care provider; and,

4. Urges the Governor of New Jersey and the New Jersey State Legislature to move expeditiously to make medical marijuana legally available to New Jersey residents who can benefit from it.

 References:

1. Abel EA, Marihuana: The First Twelve Thousand Years. New York: McGraw-Hill Book Company, 1982.

2. Mikuriya TH, ed. Marijuana: Medical Papers 1839-1972. Oakland, CA: Medic-Comp Press, 1973.

3. Controlled Substances Act of 1970 (Pub. L. 91-513, October 27, 1970, 21USC801 et seq.).

4. Alliance for Cannabis Therapeutics. “No accepted medical value??” ACT News. Spring, 1995.

5. Grinspoon L, Bakalar JB, “Marihuana as Medicine: A plea for reconsideration”. JAMA. 1995; 273 (23:1875-1876).

6. Colasanti BK. “Review: Ocular hypotensive effect of marihuana cannabinoids: Correlate of central action or separate phenomenon”. J. Ocular Pharmacol. 1986;2(3):295-304.

7. Sallan Se, Zinberg NE, Frei III E. “Antiemetic effect of delta-9-tetrahydrocannabionol in cancer chemotherapy”. New Engl J. Med. 1975;293(16):795-797.

8. Nelson K, Walsh E. Deeter P, et al. “A phase II study of delta-9-tetrahydrocannabionol for appetite stimulation in cancer-associated anorexia”. J. Palliative Care. 1994;10(1):14-18.

9. Clifford DB. “Tetrahydrocannabinol for tremor in multiple sclerosis”. Ann Neurol. 1983:13:669-671.

10. Mechoulam R, ed. Cannabinoids as Therapeutic Agents, Boca Raton, FL; CRC Press, 1986.

11. Beers MH & Berkow R, ed. The Merck Manual of Diagnosis and Therapy, Whitehorse Station, NJ, Merck Research Laboratories, 1999. P.1590-1.

12. “ICN Code of Ethics for Nurses,” revised 2000, International Council of Nurses, CH 1201 Geneva, Switzerland.  http://www.icn.ch/icncode.pdf

13. Randall RC, ed. Marijuana, Medicine & the Law, Washington, DC, Galen Press, 1988. P 278-9.

14. Randall RC, ed. Marijuana, Medicine & the Law Vol. II, Washington, DC, Galen Press, 1989.

15. Marijuana Policy Project “Partial List of Organizations with Favorable Medical Marijuana Positions” 2000. http://www.mpp.org/statelaw/app_q.html

Submitted by:      Kenneth R. Wolski, RN

Date Submitted:  January 16, 2002

Date Approved:    March 20, 2002

Asbury Park Resolution to Legalize Marijuana for Adults in New Jersey

City of Asbury Park
County of Monmouth
State of New Jersey

IN SUPPORT OF LEGALIZING, TAXING AND REGULATING MARIJUANA FOR ADULTS.

WHEREAS, New Jersey law currently makes possession by adults of small amounts of marijuana illegal; and

WHEREAS, based upon information available to the City of Asbury Park (the “City”), someone is arrested for marijuana possession in the State of New Jersey (the “State”) every 24 minutes, totaling more than 21,000 possession arrests each year; and

WHEREAS, based upon information available to the City, the State spent over an estimated one billion dollars in the last decade on enforcement of marijuana possession laws; and

WHEREAS, the Mayor and Council of the City believe that the existing laws concerning small amounts of marijuana waste the enforcement resources of police, prosecutors and courts that could be better spent on keeping the City safe from serious crime; and

WHEREAS, based upon information available to the City, minorities in the State are nearly three times more likely to be arrested for marijuana possession than Caucasians, despite similar rates of marijuana use; and

WHEREAS, based upon information available to the City, an arrest for a single marijuana cigarette in the State can lead to up to six months in jail, loss of a job, a driver’s license suspension, up to $1,225 in fees and fines, immigration consequences, loss of student financial aid, and eviction; and

WHEREAS, based upon information available to the City, despite the prohibition of marijuana and the approximately 800,000 marijuana possession arrests that occur in the United States each year, federal government data estimates that 111 million Americans have tried marijuana and more than 30 million Americans use marijuana each year; and

WHEREAS, based upon information available to the City, in 2014 the New Jersey State Municipal Prosecutors Association, whose members are primarily responsible for prosecuting marijuana possession arrests, voted to publicly support the legalization of marijuana, subject to reasonable regulations; and

WHEREAS, based upon information available to the City, the editorial boards of the New York Times, Star-Ledger, Times of Trenton, and Daily Targum have endorsed the legalization, taxation and regulation of marijuana; and

WHEREAS, based upon information available to the City, the State could potentially receive hundreds of millions of dollars per year in new revenue from the taxation of regulated marijuana sales; and

WHEREAS, the Mayor and Council of the City believe that tax revenue can be used to reinvest in our communities, schools, drug prevention and education programs, re-entry and job training programs and in programs to strengthen community-police relations; and

WHEREAS, the Mayor and Council of the City believe that regulating marijuana in a State-controlled system will limit access to marijuana to adults aged 21 and over in licensed locations; and

WHEREAS, the Mayor and Council of the City believe that regulation will ensure strict controls over marijuana advertising, labeling, and quality, preventing access to youth and controlling quality and potency; and

WHEREAS, the Mayor and Council of the City recognize that driving under the influence of marijuana will remain illegal in the State, and regulating marijuana will not change that; and

WHEREAS, the Mayor and Council of the City are aware that marijuana has been legalized, taxed, and regulated in the States of Colorado, Washington, Alaska, and Oregon, as well as in Washington D.C.

NOW, THEREFORE, BE AND IT IS HEREBY RESOLVED, by the Mayor and Council of the City of Asbury Park, in the County of Monmouth and State of New Jersey, as follows:

1. That the Mayor and Council of the City hereby support fair and effective criminal justice and drug policies; and

2. That the Mayor and Council of the City hereby urge the New Jersey State Legislature to pass, and the Governor to sign, legislation to legalize, tax and regulate marijuana for adults; and

3. That a certified copy of this Resolution shall be provided to each of the following:

a. Members of the New Jersey General Assembly;
b. Members of the New Jersey State Senate;
c. Office of the Governor;
d. Anthony Nuccio, Acting City Manager;
e. Deputy Police Chief Anthony Salerno;
f. Frederick C. Raffetto, Esq., Municipal Attorney.

I, CINDY A. DYE, City Clerk of the City of Asbury Park, Monmouth County, New Jersey, DO HEREBY CERTIFY the foregoing to be a true and exact copy of RESOLUTION NO. 2015-XX, which was finally adopted by the City Council at a meeting held on the 8th day of July, 2015.

CERTIFIED BY ME THIS _______ DAY OF _____________, 2015.

______________________________
CINDY A. DYE
CITY CLERK

Record of Council Vote on Final Passage
COUNCIL PERSON AYE NAY N.V
Mayor John Moor
Deputy Mayor Amy Quinn
Council Member Yvonne Clayton
Council Member Jesse Kendle
Council Member Joe Woerner

Indicates vote N.V.- Not Voting Abstain

Resolution in support of legalizing, taxing and regulating marijuana for adults in New Jersey

City of Asbury Park
County of Monmouth
State of New Jersey

IN SUPPORT OF LEGALIZING, TAXING AND REGULATING
MARIJUANA FOR ADULTS

WHEREAS, New Jersey law currently makes possession by adults of small amounts of marijuana illegal; and

WHEREAS, based upon information available to the City of Asbury Park (the “City”), someone is arrested for marijuana possession in the State of New Jersey (the “State”) every 24 minutes, totaling more than 21,000 possession arrests each year; and

WHEREAS, based upon information available to the City, the State spent over an estimated one billion dollars in the last decade on enforcement of marijuana possession laws; and

WHEREAS, the Mayor and Council of the City believe that the existing laws concerning small amounts of marijuana waste the enforcement resources of police, prosecutors and courts that could be better spent on keeping the City safe from serious crime; and

WHEREAS, based upon information available to the City, minorities in the State are nearly three times more likely to be arrested for marijuana possession than Caucasians, despite similar rates of marijuana use; and

WHEREAS, based upon information available to the City, an arrest for a single marijuana cigarette in the State can lead to up to six months in jail, loss of a job, a driver’s license suspension, up to $1,225 in fees and fines, immigration consequences, loss of student financial aid, and eviction; and

WHEREAS, based upon information available to the City, despite the prohibition of marijuana and the approximately 800,000 marijuana possession arrests that occur in the United States each year, federal government data estimates that 111 million Americans have tried marijuana and more than 30 million Americans use marijuana each year; and

WHEREAS, based upon information available to the City, in 2014 the New Jersey State Municipal Prosecutors Association, whose members are primarily responsible for prosecuting marijuana possession arrests, voted to publicly support the legalization of marijuana, subject to reasonable regulations; and

WHEREAS, based upon information available to the City, the editorial boards of the New York Times, Star-Ledger, Times of Trenton, and Daily Targum have endorsed the legalization, taxation and regulation of marijuana; and

WHEREAS, based upon information available to the City, the State could potentially receive hundreds of millions of dollars per year in new revenue from the taxation of regulated marijuana sales; and

WHEREAS, the Mayor and Council of the City believe that tax revenue can be used to reinvest in our communities, schools, drug prevention and education programs, re-entry and job training programs and in programs to strengthen community-police relations; and

WHEREAS, the Mayor and Council of the City believe that regulating marijuana in a State-controlled system will limit access to marijuana to adults aged 21 and over in licensed locations; and

WHEREAS, the Mayor and Council of the City believe that regulation will ensure strict controls over marijuana advertising, labeling, and quality, preventing access to youth and controlling quality and potency; and

WHEREAS, the Mayor and Council of the City recognize that driving under the influence of marijuana will remain illegal in the State, and regulating marijuana will not change that; and

WHEREAS, the Mayor and Council of the City are aware that marijuana has been legalized, taxed, and regulated in the States of Colorado, Washington, Alaska, and Oregon, as well as in Washington D.C.

NOW, THEREFORE, BE AND IT IS HEREBY RESOLVED, by the Mayor and Council of the City of Asbury Park, in the County of Monmouth and State of New Jersey, as follows:

1. That the Mayor and Council of the City hereby support fair and effective criminal justice and drug policies; and

2. That the Mayor and Council of the City hereby urge the New Jersey State Legislature to pass, and the Governor to sign, legislation to legalize, tax and regulate marijuana for adults; and

3. That a certified copy of this Resolution shall be provided to each of the following:

a. Members of the New Jersey General Assembly;
b. Members of the New Jersey State Senate;
c. Office of the Governor;
d. Anthony Nuccio, Acting City Manager;
e. Deputy Police Chief Anthony Salerno;
f. Frederick C. Raffetto, Esq., Municipal Attorney.

I, CINDY A. DYE, City Clerk of the City of Asbury Park, Monmouth County, New Jersey, DO HEREBY CERTIFY the foregoing to be a true and exact copy of RESOLUTION NO. 2015-XX, which was finally adopted by the City Council at a meeting held on the 8th day of July, 2015.

CERTIFIED BY ME THIS _______ DAY OF _____________, 2015.

______________________________
CINDY A. DYE
CITY CLERK

Record of Council Vote on Final Passage
COUNCIL PERSON AYE NAY N.V. (Not Voting Abstain)
Mayor John Moor AYE
Deputy Mayor Amy Quinn AYE
Council Member Yvonne Clayton AYE
Council Member Jesse Kendle AYE
Council Member Joe Woerner AYE

Indicates vote N.V.-

ACTION ALERT - Contact NJ legislators to support medical marijuana

National NORML has created a CAPWIZ so that NJ residents can easily contact their legislators. A pre-written letter created by Ken Wolski at CMMNJ is included.

Please take a moment to support realistic regulations for our medical marijuana program:

http://capwiz.com/norml2/issues/alert/?alertid=19491501


Thank you!

Senate and Assembly committees to hear medical marijuana resolution

FOR IMMEDIATE RELEASE
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.