Compassionate Use Medical Marijuana Act effectively rescheduled marijuana in New Jersey

Ms. Joanne Boyer, Executive Director
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

Here’s some of the conversation Chuck has been having with Gov Christie 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

KenWolski: Marijuana therapy interruption is cruel

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

NJ: Assembly rejects medical marijuana limits

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.

Read full article

Media, editorials on NJ medical marijuana

Some of the recent media coverage and newspaper editorials regarding the state's medical marijuana law.

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

NJ Legislature votes today on medical marijuana resolutions

The New Jersey Senate and Assembly will vote on resolutions SCR 130/ACR 151 today. This is the first step in a process that would re-write the draft regulations for the medical marijuana program.

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/