Taxing medical marijuana ill-advised

The Christie administration’s decision to tax the sale of medical marijuana is ill-advised. Neither the law nor the regulations to enact the law call for such a tax.  In fact, the New Jersey Division of Taxation’s Technical Bulletin issued 2/16/10 clearly notes that, “Effective October 1, 2005, all drugs for human use, including prescribed drugs and over-the-counter drugs are exempt from sales and use tax.”  http://www.state.nj.us/treasury/taxation/pdf/pubs/tb/tb63.pdf

Medical marijuana in New Jersey’s strictly regulated Medicinal Marijuana Program is most like a prescription medicine.  Physicians will write their recommendation for a specific and limited amount of marijuana; patients will take that recommendation to a licensed Alternative Treatment Center (ATC); the ATC will dispense that specific amount of marijuana to the patient; the patient may only return to the ATC at specified intervals for refills; and, there are penalties for misuse of the marijuana that the patient receives.

Prescription drugs are not subject to sales tax in New Jersey and neither should medical marijuana be subject to this tax.

It has been said that the original sponsor of the Compassionate Use Medical Marijuana Act, Senator Nicholas Scutari, “had in mind” to tax medical marijuana, though he never included that language in the bill.  Well, we know that Sen. Scutari had a lot of things in mind when he introduced that legislation—things that would actually help patients, and guarantee implementation of the bill.  Some of the things Sen. Scutari wanted that were included in the bill that passed the entire state Senate by a vote of 22 - 16 on February 23, 2009 were:
• All chronic pain patients would qualify, not just cancer and AIDS patients;
• Out-of-state ID cards would be recognized and respected;
• Patients could grow 6 plants each to guarantee access to the drug.

None of these things were included in the final version of the law, which passed about a year later in January 2010.  Instead only restrictions and impediments were placed in the path of patient access.  These were followed by burdensome and unnecessary regulations that have kept this safe and effective medicine from desperately ill patients whose suffering could be eased by it.

I worked for the State of New Jersey for over 25 years.  I started working for the Department of State for two summers while I was still in high school in the 1960’s.  In the 1970’s I worked for the Department of Human Services for four years.  Between 1984 and 2006 I worked for the Department of Corrections.  If I learned nothing else in all that time with the state, it was, “If it wasn’t documented, it wasn’t done.”

Nowhere is there documentation that the state expected to collect taxes from the sale of medical marijuana.  It is not included in the original Compassionate Use Act that was introduced in 2005, and it is not included in the final version of the Act that passed into law in January 2010.  Nor is there any mention of the collection of sales tax in the 100 plus pages of regulations that were adopted by the Department of Health to enact this law.  Nor is there anything about sales taxes in the regulations adopted by the Board of Medical Examiners.

This is another example of an arbitrary and capricious burden that is being put on the patients who qualify for this program.  It takes its place with other rules from the Christie administration —like the physician registry, the 10% cap on THC, and the micromanagement of ATC’s--that guarantee limited patient access, sub-standard marijuana, and high cost to the patient.  If, that is, the program ever gets working in the first place.

Governor Christie has repeatedly exceeded his constitutional powers in interfering with a law that he does not agree with. Adding a sales tax on medical marijuana is another example of this.

Glaucoma patient faces surgery due to state's failure to implement its medical marijuana law

Susan Sturner is a card-carrying patient in the Medicinal Marijuana Program in New Jersey.  She is very angry.  She has paid the required fees and jumped through all the hoops the Department of Health has established in order to register in the program.  But she still can’t get her medicine. 

Greenleaf Alternative Treatment Center in Montclair, NJ has been, so far, the only medical marijuana dispensary to get a final permit from the state.  But Greenleaf has yet to open its doors to patients.  Susan called around.  She said the Department of Health points to Greenleaf as responsible for the delay; Greenleaf points to the Department of Health.

Meanwhile, Susan still can’t get her medicine. 

Susan is a glaucoma patient and she faces blindness.  The pressure in her eyes--her intraocular pressure--is dangerously high.  Her ophthalmologist has recommended a major surgical procedure--putting tubes in her eyes--to control this pressure.  Any surgical procedure entails significant risk.  A far less risky option—and far less costly--is marijuana therapy.  Marijuana has been shown to reduce intraocular pressure in glaucoma patients who, like Susan, do not respond to traditional pharmaceutical treatment.

In fact, the New Jersey Compassionate Use Medical Marijuana law specifically allows glaucoma patients to qualify for marijuana therapy.  But Susan still can’t get her medicine, despite the fact that this law passed nearly three years ago.

Susan is ready and willing to sue Governor Christie and anyone else in state government who is preventing her from obtaining medicine to which she is legally entitled.  In fact, her ID card is over a month old, which means she has been paying the state for a month for nothing.

Susan came to the November meeting of the Coalition for Medical Marijuana—New Jersey, which was held as usual at the Lawrence Township Library in Mercer County. 

She discussed going out-of-state.  Sure, she could travel to Rhode Island and use her New Jersey ID card to legally purchase medical marijuana there.  But if she brings the marijuana back to her New Jersey home, she faces arrest, imprisonment, and a host of civil penalties. 

Susan said that we should send a sympathy card to the governor from all the people who have died during the failure of the Christie administration to implement this law.  We discussed her idea at the meeting but decided that it would be impossible for two reasons: first, we could never figure out all their names, and second, because the list of cards would be in the tens of thousands and we could not afford to send that many cards.

Tens of thousands of New Jersey hospice patients die every year who have not gotten the medical marijuana they are entitled to by law.  Add to these the cancer patients, the patients with AIDS, the seizure patients, the patients with neurological conditions and the patients with abdominal conditions, and the number of patients who die suffering needlessly every year is staggering.

And remember, New Jersey’s list of medical conditions that qualify for marijuana therapy is the most restrictive in the nation.  If the full range of marijuana’s therapeutic potential were recognized and permitted, hundreds of thousands of patients here could be helped in a safe and cost-effective way.  As it is, hundreds of thousands of New Jersey patients, like Susan Sturner, continue to be harmed every day by the state’s failure to fully implement this law.  

CMMNJ November 2012 Meeting Agenda

Monthly Public Meeting Agenda
Lawrence Township Library, Room #2
Tuesday, November 13, 2012; 7:00 PM -- 9:00 PM

7:00 PM:  Call meeting to order.   Approve October 2012 minutes.  Discuss:

Election 2012: Massachusetts becomes 18th medical marijuana state.  Colorado & Washington state voters pass marijuana legalization laws.  (Sky has yet to fall.)

NJ’s Medicinal Marijuana Program (MMP) is still not functioning—not a single patient has yet gotten any.  About 300 patient ID cards have been issued.  Dir. O’Brien issues final permit to Greenleaf ATC; says supply of medical marijuana was not damaged by Hurricane Sandy.  The lawsuit against DOH for failure to implement the state’s MMP is progressing and it asks the court to appoint CMMNJ monitor of the program.

Sen. Scutari’s S1977 (to decriminalize 50 grams of marijuana) is not yet scheduled for a committee hearing.  (NJ Assembly passed A1465--decrim for 15 grams--on 6/25/12.)

Ed (NJWeedman) Forchion’s retrial for distribution charge: “not guilty” by a Burlington County jury of his peers, despite the fact that he admitted possessing a pound of marijuana.  

Recent events: NJ State Nurses Assn. gave Ken Wolski, RN “Don Award” for his medical marijuana advocacy, Atlantic City, 10/24/12.  ASA v. DEA oral arguments in federal court 10/16 & ASA’s 10-year benefit dinner in D.C.  (CMMNJ’s 10th anniversary upcoming in March 2013.)

Treasury report: Checking: $3255; PayPal: $3353.

Schedule of CMMNJ 2013 meetings:  Lawrence Library not available Feb. & Nov. 2013. CMMNJ 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
CMMNJ, a 501(c)(3) public charity, is a non-profit educational organization.

Monthly Public Meeting Minutes
Lawrence Library
October 9, 2012 

7:00 PM:  Meeting called to order.   September 2012 minutes approved.  Discussion:

So far, 239 patients have registered for ID cards with DOH; in addition to other fees, patients must pay $65 for background checks for caregivers.  Problems with doctors continue. 

ATC update: More delays; promised September opening of Montclair ATC did not occur—final inspection of facility several weeks away.  No ATCs open yet. The lawsuit against DOH for failure to implement the state’s MMP is progressing.  Suggestions include demonstrations at DOH with tombstones of dead NJ patients.

Adding qualifying conditions to NJ’s medical marijuana law—Board members’ efforts.

NJ Senator Nick Scutari introduced S1977 to decriminalize 50 grams of marijuana.  Fall committee hearing upcoming?  (NJ Assembly passed A1465--decrim for 15 grams--on 6/25/12.) 

Ed (NJWeedman) Forchion: Retrial for hung jury on distribution charge starts 10/16/12 at 8am.

Upcoming events: NJ State Nurses Assn. “Don Award” to Ken Wolski, RN for medical marijuana advocacy in Atlantic City on 10/24/12. NORML NJ meeting October 15th & November 12th at 7pm at the Ale House, New Brunswick, NJ.  Ewing Community Fest 10/6/12, thanks to Larry & Ed.  Lawrence Community Day 10/7/12 canceled due to weather.  ASA v. DEA oral arguments in federal court 10/16 followed by ASA’s 10th Anniversary benefit dinner in D.C.  NORML Conference, Los Angeles, 10/4-6/12, Ken was a speaker.  CMMNJ’s 10th anniversary upcoming
in March 2013.

Treasury report: Checking: $3163; PayPal: $3353.

CMMNJ meetings are the second Tuesday of each month from 7 - 9 PM at the Lawrence Library 
(Meeting at the library does not imply their endorsement of our issue.)  For more info: 

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
CMMNJ, a 501(c)(3) public charity, is a non-profit educational organization.

Recent Media Coverage and Blogs:

‘The Fight Over Medical Marijuana’
http://www.nytimes.com/2012/11/08/opinion/the-fight-over-medical-marijuana.html

New Jersey medical marijuana supply safe after Superstorm Sandy
http://www.freedomisgreen.com/new-jersey-medical-marijuana-supply-safe-after-superstorm-sandy/

Q&A with New Jersey Medicinal Marijuana Program Director
http://www.freedomisgreen.com/qa-with-new-jersey-medicinal-marijuana-program-director/

NJ medical marijuana: Tough road for patients to first ATC
http://www.freedomisgreen.com/nj-medical-marijuana-tough-road-for-patients-to-first-atc/

On medical marijuana, state laws matter
http://blog.nj.com/ledgerletters/2012/10/on_medical_marijuana_state_law.html

N.J. issues first medical marijuana license
http://www.cbsnews.com/8301-201_162-57532753/n.j-issues-first-medical-marijuana-license/

Department of Health Issues Permit to Operate to Greenleaf Compassion Center
http://www.nj.gov/health/medicalmarijuana/documents/greenleaf_comp_ctr.pdf

Empowering Women Dual-Project
http://www.indiegogo.com/nelsonproject

Medical marijuana center in Montclair to open before new year
http://www.newjerseynewsroom.com/healthquest/medical-marijuana-center-in-montclair-to-open-before-new-year

Montclair Pot Dispensary: New Jersey's First Marijuana Storefront Lands Pot License
http://www.huffingtonpost.com/2012/10/24/montclair-pot-dispensary-_n_2011678.html

WHERE WE STAND: Stop the stalling on medical marijuana
Nearly three years past the law's passage, all six dispensaries should be approved.
http://www.courierpostonline.com/article/20121017/OPINION03/310170002/Stop-stalling-medical-marijuana

PTSD Patient Challenges New Jersey Marijuana Laws
http://www.theweedblog.com/ptsd-patient-challenges-new-jersey-marijuana-laws/

Extra:

Colorado, Washington first states to legalize recreational pot
http://www.reuters.com/article/2012/11/07/us-usa-marijuana-legalization-idUSBRE8A602D20121107

‘Weedman’ acquitted after using medical marijuana argument as his defense
http://www.channel6newsonline.com/2012/10/weedman-acquitted-after-using-medical-marijuana-argument-as-his-defense/

Jury Nullification Keeps NJ Weedman Out of Jail; DEA Comes Calling
http://reason.com/blog/2012/10/24/jury-nullification-keeps-nj-weedman-out

Bridging the Knowledge Gap:  Nurses in Support of Medical Cannabis
http://www.medicalcannabisart.com/MedicalCannabisNews/TY%20ACNA%202012.pdf

Opinion: Marijuana ballot initiatives in other states could provide N.J. with direction
http://www.nj.com/times-opinion/index.ssf/2012/10/opinion_marijuana_ballot_initi.html

Obama, What About "Free and Open Scientific Inquiry" for Medical Marijuana?
http://www.huffingtonpost.com/dr-john-schwarz/medical-marijuana_b_2050358.html

Should Grandma Smoke Pot? Final Cut - Legalize Marijuana
http://www.youtube.com/watch?v=juVwqdNJlpU&feature=youtu.be

Medical Marijuana: No longer a pipe dream
http://watch.njtvonline.org/video/2287878729

Department of Health Issues Permit to Operate to Greenleaf Compassion Center
(10/16/12)

Greenleaf Compassion Center was issued a permit today by the Department of Health to operate as an Alternative Treatment Center (ATCs) and dispense medicinal marijuana. The permit was issued after a final Department inspection of its Montclair facility. Montclair officials also recently granted a certificate of occupancy to Greenleaf, clearing the way for the Department to grant its permit.

"This permit marks a significant step forward in the implementation of New Jersey's Medicinal Marijuana Program and allows Greenleaf Compassion Center to begin dispensing medicinal marijuana to qualified patients," said New Jersey Health Commissioner Mary E. O'Dowd. "The Department is working with all ATCs to ensure the program serves patients safely and securely."

Patients and caregivers will receive identification cards this week from the Medicinal Marijuana Program (MMP). Greenleaf will contact patients to schedule an appointment in the order in which patients registered. Patients and caregivers must bring their MMP identification card with them to the appointment.

Approximately 320 patients have either registered with the program or are in the process of completing registration, while more than 175 physicians have registered.

"This is a new product. Patients may want to make a limited purchase initially until they know which of the three available varieties best meets their needs," Commissioner O'Dowd said. ATCs can also provide guidance to patients on ways to use the product without the harmful effects of smoking.

The other five Alternative Treatment Centers are in various stages of finalizing locations or background examinations of the principals of their organizations.

The Department opened the patient registry in August. The registration process is available on the Department's Medicinal Marijuana webpage, which includes a checklist on how to register, answers to frequently asked questions and an option to submit questions via the website to customer services representatives.

Patients interested in registering should ask their doctor if he or she has signed up or would be willing to participate. If their physician is not interested-patients can check on the Department's Medicinal Marijuana webpage for physicians who have registered. The webpage provides a physician listing by county.

A Customer Service Unit is available to assist patients, caregivers and physicians in the registration process. The customer service line, (609) 292-0424, is open from 8 am to 5pm Monday through Friday.

For answers to frequently asked questions, please visit
http://www.state.nj.us/health/medicalmarijuana/faqs.shtml

http://www.nj.gov/health/medicalmarijuana/documents/greenleaf_comp_ctr.pdf

Q&A with NJ Medicinal Marijuana Program Director

NJ Medicinal Marijuana Program (MMP) Director John O’Brien responded to questions from freedomisgreen.comand clarified some important details about access. Last week the New Jersey Department of Health (DOH) announced that Greenleaf Compassion Center in Montclair is now the only Alternative Treatment Center fully permitted to dispense cannabis in the Garden State. Registered patients also started to receive ID cards.

Medicinal Marijuana Program Questions
1-[FiG] - How do registered patients and caregivers obtain their ID cards?[re:physical cards]

• [O'Brien] - DOH originally engaged the Alternative Treatment Centers with the prospect of being the centralized distribution point for ID card delivery.  At that time, the ATCs showed interest in being distributors.  However during a recent progress meeting, Greenleaf representatives expressed concerns regarding security at their Montclair dispensary related to ID card distribution.  The department developed an alternative approach using the mail.  The identification cards are being mailed to the patient and caregiver residences through the mail.  All caregivers and patients who had previously registered will have their cards dated effective Oct. 15—the date Greenleaf was issued its permit. The identification cards are good for two years.

2- [FiG] -How many patients and caregivers have completed the registration process to receive an ID card?

• [O'Brien] -As of close of business on Friday 10/19/12, there are 223 approved patients, 49 patients under review (the review process involves the validation of a patients submitted documents, proof of residency, photo ID, picture and government assistance if applicable) and 82 patients with physician authorization but have not initiated their registration.  The number of potential patients is 354.  There are 16 approved caregivers and 23 caregivers under review for a total of 39 potential caregivers.  Our customer service unit has contacted and is working with each applicant to ensure a timely and successful registration process.

3- [FiG] - Has DOH check[ed] through the list of registered physicians to confirm their participation in the MMP?

• [O'Brien] - DOH conducts a routine confirmation of registered physician status with the BME for license in good standing and a valid CDS registration.  To date there are 176 physicians registered with the program.  37 have requested to be inactivated.  72 physicians are actively authoring Attending Physician Statement for their patients.

4- [FiG] -Has DOH, MMP or the NJ Board of Medical Examiners sent instructions, information or offered presentations on how to utilize cannabis therapy and/or participate in the MMP? [specifically to physicians]

• [O'Brien] -The MMP has been in contact with registered physicians and patients via email and phone providing guidance on MMP procedures.  The MMP also provides information on our web site.  The MMP has engaged theDrug Policy Alliance in the development of a resource library of scholarly articles geared toward providing physicians and patient’s information on the use of medical marijuana.  The MMP has also partnered with theMedical Society of New Jersey in preparing and hosting a webinar to educate the states physician population on issues related to the MMP.  Both of these initiatives are in process.

The Compassionate Use Medical Marijuana Act of New Jersey was signed into law in January 2010. The Medicinal Marijuana Program was created under DOH in 2011 and John H. O’Brien was hired as Director. Some have been put off by his previous job; 26 years with the NJ State Police. But O’Brien has shown earnest commitment to getting the very limited NJ program running for patients.

The fact that O’Brien responded directly to questions via email, rather than NJDOH communication staff, does indicate a more open dialogue between the MMP and the public.

NJ MMP website: http://www.state.nj.us/health/medicalmarijuana/index.shtml

Chris Goldstein is a respected marijuana reform advocate. As a writer and radio broadcaster he has been covering cannabis news for over a decade. He is a former member of the CMMNJ Board and continues to volunteer. Questions?  chris@freedomisgreen.com

CMMNJ October 2012 Agenda

\




Monthly Public Meeting Agenda 
Lawrence Township Library, Room #3
Tuesday, October 9, 2012; 7:00 PM -- 9:00 PM

7:00 PM:  Call meeting to order.   Approve September 2012 minutes.  Discuss:

The lawsuit against DOH for failure to implement the Medicinal Marijuana Program is progressing and it will ask for a court-appointed monitor of the program.

Patients are registering for ID cards with DOH; problems with doctors continue.  ATC update: More delays; promised September opening of Montclair ATC did not occur.  No ATCs open yet.

Adding qualifying conditions to NJ’s medical marijuana law—Board members’ efforts.

NJ Senator Nick Scutari introduced S1977 to decriminalize 50 grams of marijuana.  Fall committee hearing upcoming?  (NJ Assembly passed A1465--decrim for 15 grams--on 6/25/12.)

Ed (NJWeedman) Forchion: Retrial for hung jury on distribution charge starts Oct. 10, 2012.

Upcoming events: NJ State Nurses Assn. to honor Ken Wolski, RN with “Don Award” for his medical marijuana advocacy at Bally’s in Atlantic City on 10/24/12. Tickets available at: http://njsna.org/associations/6274/files/DivaDon%20Invite.pdf.  NORML NJ meeting October 15th at 7pm at the Ale House, New Brunswick, NJ.  Ewing Community Fest 10/6/12, and Lawrence Community Day 10/7/12.  ASA v. DEA oral arguments in federal court 10/16 followed by ASA’s 10th Anniversary benefit dinner in D.C.  NORML Conference, Los Angeles, 10/4-6/12.

Treasury report: Checking: $3163; PayPal: $3353.

CMMNJ 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
Lawrence Library
September 11, 2012

7:00 PM:  Meeting called to order.   August 2012 minutes approved.  Discussion:

Diane Riportella, medical marijuana advocate and an ALS patient, died 8/31/12 at age 56.
Jim Miller is hospitalized on and off following an accident requiring multiple surgeries.
Frank Fulbrook was hospitalized following lung surgery.  He hopes to return Oct./Nov.
         
Patients are registering for ID cards with DOH; they are encountering multiple problems with doctors.  See Vanessa Waltz’s survey of registered NJ doctors: NJ DOCTORS STRUGGLE WITH COMPLEX MARIJUANA REGULATIONS.  Reggie Miller, V.P. of marijuanadoctors.com (860.967.8370) discussed his organization and said he has 4000 NJ patients registered and needs doctors.

ATC update: Rumors that Greenleaf ATC in Montclair will open this month; Compassionate Care Foundation in Egg Harbor will open in the fall; Compassionate Care Centers of America Foundation will open on Rt. 1 in Woodbridge in the near future.

Adding qualifying conditions to NJ’s medical marijuana law—Board members’ efforts.

NJ Senator Nick Scutari’s bill, S1977 to decriminalize 50 grams of marijuana referred to committee.  Nick Mellis will propose adding legislators as honorary CMMNJ Board members.

Upcoming events: NJ State Nurses Assn. to honor Ken Wolski, RN with “Don Award” for his medical marijuana advocacy at Bally’s in Atlantic City on 10/24/12. Tickets available at: http://njsna.org/associations/6274/files/DivaDon%20Invite.pdf.  NORML NJ meeting October 15th at 7pm at the Ale House, New Brunswick, NJ. Boston Freedom Rally is 9/15/12.  Ewing Community Fest 10/6/12, and Lawrence Community Day 10/7/12.  NORML Conference, Los Angeles, 10/4-6/12.  Ed (NJWeedman) Forchion retrial starts 10/10.

Treasury report: Checking: $2944; PayPal: $3349.

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

Recent Media Coverage and Blogs:

N.J. medical marijuana program off to slow start thanks to red tape
http://www.newjerseynewsroom.com/healthquest/doctors-must-jump-through-hoops-in-order-to-conform-to-state-medical-marijuana-law

The Coalition for Medical Marijuana New Jersey (CMMNJ) Report: New Jersey Medicinal Marijuana Program Physician/Patient Registry
http://www.scribd.com/doc/105499771/CMMNJ-Report-on-NJ-Medical-Marijuana-Doctor-Registry

NJ Medical Marijuana: Status Update 9/17/12
http://nj1015.com/nj-medical-marijuana-status-update/

The mobster's son and the pot clinic: A feud grows in Jersey
http://www.nj.com/news/index.ssf/2012/09/the_mob_bosss_son_and_the_pot.html

NJ's 1st legal medical pot dispensary delayed
http://www.sacbee.com/2012/09/27/4861018/njs-1st-legal-medical-pot-dispensary.html

NJ Gov Christie denies stalling but admits rewriting medical marijuana law
http://www.freedomisgreen.com/nj-gov-christie-denies-stalling-but-admits-rewriting-medical-marijuana-law/

Medical marijuana dispensary, New Jersey's first, faces delayed opening
http://newyork.newsday.com/news/region-state/medical-marijuana-dispensary-new-jersey-s-first-faces-delayed-opening-1.4051872

Chris Christie Says Medical Marijuana Delay Not His Fault [POLL/AUDIO]
http://nj1015.com/chris-christie-says-medical-marijuana-delay-not-his-fault-audio/

NJ DOCTORS STRUGGLE WITH COMPLEX MARIJUANA REGULATIONS

Trenton – A report issued today by CMMNJ found that physicians registered to participate in the state Medicinal Marijuana Program (MMP) struggled with the initial launch of the registry for qualifying patients.

Read the full report: http://www.scribd.com/doc/105499771

New Jersey operates the only medical cannabis program in the country that requires physicians to join a special registry to recommend marijuana. Seriously ill residents must have a “bona fide” relationship with one of the few registered doctors to apply to the DOH for their own registry card.

CMMNJ Board Member and cancer patient Vanessa Waltz called all of the 148 doctors listed on the NJ Department of Health website and reached 99.

- 46 offices reported that they were actively accepting new patients interested in the program
- 30 offices reported that they were not currently accepting new patients but may in the future
- 23 offices reported that they were registered but were not currently participating in the MMP

The conversations with practice managers and physicians revealed that residents who qualify for the MMP face new and significant barriers to safe cannabis access.

From the report: “Offices reported that there has been no communication initiated by the state in terms of: How the program works; how the patient registration process works; that the physician registry would be published online; that the patient registry was opening; alerts to any changes in guidelines on the DOH informational website.”

CMMNJ has already been on record appealing to the NJ DOH and the New Jersey Board of Medical Examiners to take a comprehensive approach to educate NJ physicians about cannabis. Now communication between DOH and the handful of doctors willing to participate in the MMP registry seems to have broken down.

The report continues: “The NJ DOH and the MMP official are not communicating with physicians. Participating doctors did not receive notice when patient registry was opened, and only found out when their phones started ringing or saw it on the news. The DOH has failed in providing doctors with information including clear educational materials, guidelines, and updates. Phone calls and emails from offices are not being returned.”

The final conclusion from CMMNJ: “The logical solution to this problem for patients is to amend the MMP regulations immediately to remove all provisions related to the physician registry.”

Read the full report: http://www.scribd.com/doc/105499771

Or see: http://www.normlnj.org/blog/uncategorized/2012-09-11/survey-of-physicians-registered-with-the-new-jersey-department-of-health-to-recommend-medicinal-marijuana

For more information about this release, please contact Ken Wolski 609 394 2137 or
Chris Goldstein 267 702 3731

CMMNJ, a 501(c)(3) public charity, is a non-profit educational organization.
Coalition for Medical Marijuana--New Jersey, Inc. www.cmmnj.org
219 Woodside Ave., Trenton, NJ  08618

Extra:

WISCONSIN GLAUCOMA PATIENT HAS USED CANNABIS FOR 40 YEARS TO STAVE OFF BLINDNESS
http://immly.org/gfs-40_pr_2012-09-25.htm

Marijuana And Cancer: Scientists Find Cannabis Compound Stops Metastasis In Aggressive Cancers
http://www.huffingtonpost.com/2012/09/19/marijuana-and-cancer_n_1898208.html

Worth Repeating: Big Pharma Takeover Of Med Marijuana In 2013
http://www.tokeofthetown.com/2012/07/worth_repeating_big_pharma_takeover_of_med_marijua.php

Do You Think NJ Weedman Ed Forcion Should be Found Not Guilty? [POLL]
http://nj1015.com/do-you-think-nj-weedman-ed-forcion-should-be-found-not-guilty/

Gov. Christie: Don't put “bureaucrats between an American citizen and her doctor”
http://cmmnj.blogspot.com/2012/09/gov-christie-dont-put-bureaucrats.html

Medical Professionals Regarding Accepted Use of Medical Cannabis
Sign On Letter
http://salsa.democracyinaction.org/o/182/p/salsa/web/common/public/signup?signup_page_KEY=7039

Open letter to Governor Christie:

Dear Governor Christie:

Respectfully, I disagree with your assertion that because only 240 people have registered for the Medical Marijuana program that the sponsors of the legislation have embellished on the demand (http://nj1015.com/chris-christie-says-medical-marijuana-delay-not-his-fault-audio/). ; The fact is, Governor, that there were more than 240 people interested in a fair shot to open Alternative Treatment Centers who attended the public hearings on your regulations.  I personally spoke to more than 240 people across The Garden State who were interested in putting their hard-earned money into such a legal and viable establishment.

There are more than 240 people, working class adults with children, in my township of Livingston who would sign up for an accessible Medical Marijuana Card that would protect them and their families from the long arm of the law.

The fact is, Governor, that the law was written broadly, and by your own admission, the regulations have rewritten the law.  The regulations were designed to set up a system that fails and only by that measure is this program succeeding spectacularly.

This is no different than how you handled the marriage equality issue, Governor... setting up roadblocks to avoid a law that would conflict with your ideologies and national Republican dogma and ambitions, and, the funny thing, Governor, is that in the process we had completely sold out our core Republican free-market principles.  Under your governorship, you have led the expansion of gambling and beer breweries.  The Advocates who bravely came out of the closet and fought for and won their Compassionate Use law freely and fairly based solely on the morality of their arguments and without any money to back them up, have met with a Republican government that has ignored public commentary and shut down the public's interests completely and totally in a new line of business that some politicians had to control.  How powerful the State has become.  How embarrassing for us long-time Republicans who actually believed in our mantra of a smaller, more-efficient, less-intrusive government.

I saw in the news the other day that the Police got a 28-year old with pounds of marijuana and $300,000 in cash (http://www.nj.com/hudson/index.ssf/2012/09/300g_found_in_alleged_drug_dea.html). ; There are legions of good law-abiding folks across the Garden State who could have put the cash generated by their legal Alternative Treatment Centers to good work, with real jobs that people are passionate about.  What a waste of time and effort (As an aside, it is tough raising kids even at our age.  I'd have to walk a mile in the shoes of a 28-year-old with a four-year-old son before I sat in judgment of the choices that he had made.  I don't suppose he will get any credit for having chosen Life?!?).

Dearest Governor, we come to you with our heads down and our hands extended in friendship.  Even if we cannot competently compete in the legal commerce of this new industry, will the State please provide patients with an avenue of access to safe and effective medicine (as defined by law, despite your aversion)? Even if the State cannot uphold the law and make safe and effective medicine available to patients, can citizens of The Garden State please be afforded refuge from the long-arm of the law by consulting with their very real physicians with respect to their marijuana use and reasonably obtaining Medical Marijuana Cards?

Governor Christie, you are so powerful, and we, we are so meek.  How may we, the Good People of The Garden State, serve you so that we may avail ourselves to the law and reverse this long, slow, and painful train wreck of your Medical Marijuana Program?

Sincerely,

Justin Escher Alpert
56 Amherst Place
Livingston, New Jersey  07039
(917) 406-2323
justinalpertesq@yahoo.com

Gov. Christie: Don't put “bureaucrats between an American citizen and her doctor”

Dear Commissioner O’Dowd:

We must have a tremendous amount of respect for Governor Christie.  It took a great amount of courage for him to stand up at the Republican National Convention and say that we should not be putting “bureaucrats between an American citizen and her doctor” (http://www.scribd.com/doc/105288051/CC-Patient-and-Doctor, line 267 and http://www.youtube.com/watch?feature=player_detailpage&v=61uCHhDLWh4#t=1079s). 
   
The medical marijuana bureaucracy designed under your predecessors’ watch (when the Department of Health and Senior Services ignored public commentary that predicted the inevitable short-comings of the current state of the program (http://www.scribd.com/doc/105499771/CMMNJ-Report-on-NJ-Medical-Marijuana-Doctor-Registry), held sham public hearings, and ultimately saw its leadership resign) is clearly no longer in line with the Governor’s intention to remove bureaucratic interference from between a patient and her doctor. This medical marijuana program was designed to fail and the fact that it is succeeding spectacularly by that measure does not reflect well on its designers and implementers who preceded you.

Perhaps now would be a good time to hold a third public hearing on the medical marijuana regulations, and, this time, perhaps, we could show the public a modicum of respect by having an above-the-line official with decision-making authority from DHSS actually attend the public hearing for this ground-breaking program.  Perhaps, this time, the attending officials could even be permitted to take notes… orspeak (you should have seen the look of horror on the faces of the two junior staffers, Terry Clancy and Samuel Stewart, who were forced to listen in silent motionlessness for two hours to the March 7, 2011 prescient public testimony of real live people in pain… I don’t suppose DHSS video-taped it?).  And if the current broad yet illicit use of medical marijuana across the Garden State is, in fact, a public health threat, perhaps we should remove the doctor registry and ensure with reasonably-accessible medical marijuana cards that patients begin to consult with their very real doctors on a regular basis about their marijuana use (in a gambit to discourage doctor shopping, we have clearly failed miserably).  Who knows, discussion of marijuana use with a patient’s very real physician may uncover other psychological or physiological issues which the marijuana use is masking.  That would truly be a medical model.

Now is the time to heed Governor Christie’s bold and principled call.  The interests of the Governor and the People of the Garden State whom he serves are aligned… we should not place bureaucrats between an American citizen and her doctor.  Now is the time for DHSS to disassemble this perverse, arbitrary, and capricious medical marijuana bureaucracy which was left to be implemented under your willing commission.

Very truly yours,

 

Justin Escher Alpert
56 Amherst Place
Livingston, New Jersey  07039
(917) 406-2323
justinalpertesq@yahoo.com

CMMNJ Report: Survey of NJ Medical Marijuana Doctors

FOR IMMEDIATE RELEASE – 9/10/2012

The Coalition for Medical Marijuana New Jersey (CMMNJ)

Contact: Ken Wolski 609 394 2137

NJ DOCTORS STRUGGLE WITH COMPLEX MARIJUANA REGULATIONS

Trenton – A report issued today by CMMNJ found that physicians registered to participate in the state Medicinal Marijuana Program (MMP) struggled with the initial launch of the registry for qualifying patients.

Read the full report: http://www.scribd.com/doc/105499771

New Jersey operates the only medical cannabis program in the country that requires physicians to join a special registry to recommend marijuana. Seriously ill residents must have a “bona fide” relationship with one of the few registered doctors to apply to the DOH for their own registry card.

CMMNJ Board Member and cancer patient Vanessa Waltz called all of the148 doctors listed on the NJ Department of Health website and reached 99.

- 46 offices reported that they were actively accepting new patients interested in the program

- 30 offices reported that they were not currently accepting new patients but may in the future

- 23 offices reported that they were registered but were not currently participating in the MMP

The conversations with practice managers and physicians revealed that residents who qualify for the MMP face new and significant barriers to safe cannabis access.

From the report: “Offices reported that there has been no communication initiated by the state in terms of: How the program works; how the patient registration process works; that the physician registry would be published online; that the patient registry was opening; alerts to any changes in guidelines on the DOH informational website.”

CMMNJ has already been on record appealing to the NJ DOH and the New Jersey Board of Medical Examiners to take a comprehensive approach to educate NJ physicians about cannabis. Now communication between DOH and the handful of doctors willing to participate in the MMP registry seems to have broken down.

The report continues: “The NJ DOH and the MMP official are not communicating with physicians. Participating doctors did not receive notice when patient registry was opened, and only found out when their phones started ringing or saw it on the news. The DOH has failed in providing doctors with information including clear educational materials, guidelines, and updates. Phone calls and emails from offices are not being returned.”

The final conclusion from CMMNJ: “The logical solution to this problem for patients is to amend the MMP regulations immediately to remove all provisions related to the physician registry.”

Read the full report: http://www.scribd.com/doc/105499771

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For more information about this release, please contact Ken Wolski 609 394 2137

CMMNJ, a 501(c)(3) public charity, is a non-profit educational organization.
Coalition for Medical Marijuana--New Jersey, Inc. www.cmmnj.org
219 Woodside Ave., Trenton, NJ  08618