Breaking: Wilson released, NJ Senators call for medical marijuana clemency

Breaking: Wilson released, NJ Senators call for medical marijuana clemency

4/29/2010 by Chris Goldstein - John Wilson was released from the Southern State Correctional Facility in New Jersey today to his grateful family at about 1:45PM. Wilson was sentenced to 5 years in prison on March 19, 2010 for growing seventeen cannabis plants to treat MS. An Appellate Court ruled on Monday that he should be granted bail as his case is appealed.

On Tuesday Judge Robert B. Reed, the trial judge in the case, set bail at $15,000. Ken Wolski, Executive director of the Coalition for Medical Marijuana New Jersey (CMMNJ) was in the courtroom.

The prosecutor {NJ Office of the Attorney General], Cassandra Serentino, asked for $75,000 to $150,000 bail. When asked why by the judge, the prosecutor said that was what was listed for such an offense on the bail schedule, but that she would defer to the judge for “whatever you deem appropriate.”

The judge cited the fact that John had no prior criminal record, was gainfully self-employed, had a family who was at the trial every day, and had many responsible members of the community vouch for him “in the cause which he has come to represent.” READ KEN's BLOG POST IN FULL

New Jersey passed a medical marijuana law in January, although the program will not be fully implemented until this fall. Multiple Sclerosis or MS is one of the qualifying conditions under the new law.

State Senators Raymond Lesniak and Nicholas Scutari issued a press release yesterday renewing their call for Governor Chris Christie to grant Wilson a pardon.

“The court recognized the cruelty of incarcerating an MS sufferer under these circumstances. We think Governor Christie should likewise recognize this injustice and pardon Mr. Wilson from the most serious charges,” said Senator Lesniak. “We believe that such an egregious injustice demands prompt action. Through the power of clemency invested in this State’s Chief Executive, Governor Christie can overturn an unjust and overly cruel sentence for a man simply seeking a small measure of relief from chronic pain and illness.”

“We remain hopeful that Governor Christie will see the light and order a more appropriate sentence for John Ray Wilson through a gubernatorial pardon,” said Senator Scutari. “Given our State’s budgetary woes, it does not make sense to incarcerate a non-violent offender for the personal use of medical marijuana, especially when the Legislature and the previous Governor have since legalized the medical use of the drug. Governor Christie should recognize the will of the Legislature, and of the public, and step in to overturn a prison sentence for a very sick man who felt he had nowhere else to turn for relief from his symptoms.” READ THE FULL PRESS RELEASE

Before being incarcerated Wilson was living with his elderly grandmother, helping to care for her and his wheelchair-bound younger brother.

We spoke with Wilson's mother and father today. The family is planning a barbecue for the homecoming.

"We're just happy that he's out," said his mom.

More about medical marijuana in New Jersey at www.cmmnj.org

Report from Somerville--John Wilson Bail Hearing

Judge Reed set bail for John Wilson at $15,000 today at a hearing in Somerville, NJ. John's father, Ray, couldn’t come to the hearing because he was desperately trying to raise bail for his son. Even John couldn’t come to the hearing because he was locked up in one of New Jersey’s most remote prisons—Southern State Correctional Facility, near Cape May.

John was convicted of second degree manufacturing of marijuana—he grew some plants to treat his illness, but he was not permitted to discuss his illness during the trial. The judge denied John’s request for bail pending his appeal. John’s lawyer, Jim Wronko, appealed the judge’s decision to lock John up pending appeal. The judge did so despite the fact that John was no flight risk and no threat to the community. The appeals section of Superior Court agreed with Mr. Wronko and sent the case back to Judge Reed to set bail.

The prosecutor, Cassandra Serentino, asked for $75,000 to $150,000 bail. When asked why by the judge, the prosecutor said that was what was listed for such an offense on the bail schedule, but that she would defer to the judge for “whatever you deem appropriate.”

The judge cited the fact that John had no prior criminal record, was gainfully self-employed, had a family who was at the trial every day, and had many responsible members of the community vouch for him “in the cause which he has come to represent,” i.e., medical marijuana.

All those factors militate in his favor, the judge ruled, before setting the lower bail.

The judge acknowledged that the case has garnered a great deal of publicity and public debate. He was disappointed by what he called the lack of understanding of the three branches of our government. He was also disappointed by the personal attacks on him by well-meaning but ill informed people. He cited a recent editorial in The Times of Trenton, NJ that compared him to a “hanging judge” in Old England who hung a young girl for stealing three pennies. He said it was an unfair comparison.

The judge said his critics fail to consider the fact that the law is determined by the legislature, and is, he said, “clear and precise.” The judge said his critics should not denigrate the judicial branch of government when they disagree with the results, but should instead devote their efforts to changing the law, “and in this case, they have.”

The judge said that he did his duty in respect to the Constitution, and that he had no more ability to grant a pardon than he did to change the law himself. He protested the attacks on the judiciary in general and “on this jurist in particular.”

The Coalition for Medical Marijuana--New Jersey had appealed to Governor Jon Corzine and Attorney General Anne Milgram to pardon John Wilson or to use prosecutorial discretion to make this case go away, before it ever even went to trial. It would have spared the state and the defendant great expense, and it would have spared a conscientious judge great embarrassment.

But the State of New Jersey insisted on pursuing this case—the case of an impoverished young man with multiple sclerosis (MS) who grew marijuana to treat his disease. While the trial was in progress, the state passed into law the New Jersey Compassionate Use Medical Marijuana Act. The state officially recognized that marijuana is medicine, and specifically recognized that it is medicine for MS.

The state desperately tried to send John Wilson to prison for twenty years. In the end, John spent a little over thirty days locked up. Let’s hope that’s all the time he ever spends in prison. Let’s also hope he is the last medical marijuana patient to be prosecuted in New Jersey.

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

Breaking : Court orders bail for John Wilson!

John Wilson was sentenced to 5 years in state prison for growing seventeen cannabis plants to treat his MS. But he may be released tomorrow after being incarcerated since March. A NJ State Appellate Court ruled today that Wilson should be granted bail and released to his family if he can meet the requirements.

Wilson’s attorney James Wronko confirmed the ruling, “They have stayed the sentence.”

Family and supporters were optimistic, but pointed out that John spent three weeks in the Somerset County Jail, then a week in a Trenton tranfer facility and had just been moved to a state prison complex in southern New Jersey. Some were growing concerned over his health.

Wilson’s case attracted significant media attention as supporters demonstrated in front of the Somerset County Courthouse. Initially, John was not allowed to mention to his trial jury that he lived with Multiple Sclerosis. Any testimony as to the medical benefits of cannabis was also barred.

Wilson was convicted in December 2009. The next month New Jersey passed a medical marijuana law, under which Wilson would qualify as a registered patient.

State Senators Raymond Lesniak and Nicholas Scutari have asked for the Governor to pardon Wilson.

Chris Goldstein of the Coalition for Medical Marijuana New Jersey attended the trial and demonstrations. “People with MS who seek cannabis therapy should not be in prison. Thankfully for John and his family, he will now be free on bail as his case is appealed.”

John Wilson’s emergency bail hearing is scheduled for 1:30PM, Tuesday April 27 in the courtroom of Judge Robert B. Reed at the Somerset County Courthouse in Somerville, NJ.

NBC 4 Video: CMMNJ Jersey City Meeting 4/23

CMMNJ held a Town Hall meeting to discuss the new medical marijuana law. Potential patients and those who are interested in opening an ATC heard short presentations from Victor Pinho, Ken Wolski and Chris Goldstein. The audience then participated in a lively exchange of questions and answers. NBC 4 NY was there to report on the event:

If you would like to hold a Medical Marijuana Town Hall Meeting in your community, please email Chris Goldstein media@cmmnj.org or call Ken Wolski 609 394 2137

Tonight: 4/23 CMMNJ Medical Marijuana Town Hall Meeting: Jersey City

7:00PM
Grace Church Van Vorst (Parish Hall)
39 Erie Street
Jersey City, NJ
http://maps.google.com/maps?f=q&hl=en&q=39+Erie+Street%2C+Jersey+City%2C+NJ

On Friday, April 23, the Coalition for Medical Marijuana New Jersey (CMMNJ) will hold a Town Hall Meeting in Jersey City regarding New Jersey’s new medical cannabis law. Prospective patients, medical marijuana policy experts and local advocates will present updates on the law’s progress and then answer questions from the public and the media.

The New Jersey Compassionate Use Medical Marijuana Act was signed into law on January 19, 2010 after five years of legislative consideration. Patients expect the law to be fully implemented within 2010. The NJ Department of Health and Human Services (DHSS) will have the responsibility of overseeing the safe access program.

The CMMNJ Town Hall Meeting on 4/23 will focus on the following topics:
- Who will qualify for the program as patients and caregivers.
- Operating an Alternative Treatment Center: possible regulations.
- Awareness and Education for individuals and medical professionals.

The CMMNJ Town Hall Meeting is open to the public and the press.

Media interested in attending may contact media@cmmnj.org or call 609 394 2137.

http://www.facebook.com/home.php?#!/event.php?eid=108774519151826&index=1

CBS News marijuana debate

Chris Goldstein is on the CMMNJ Board of Directors.


Watch CBS News Videos Online

April 13, 2010 Public Meeting Agenda

Monthly Public Meeting Agenda
Lawrence Twp. Library (Mercer County) Room #3
Tuesday, April 13, 2010; 7:00 PM -- 9:00 PM

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

The New Jersey Compassionate Use Medical Marijuana Act was signed into law on January 18, 2010. No reply from DHSS to CMMNJ's request to be involved in the development and review of the regulations to enact this law. The law is scheduled to take effect in July 2010. Emergency regulations are expected in April 2010--CMMNJ's response to delay? DHSS posted some info re: ATC's and ID cards at: http://www.state.nj.us/health/med_marijuana.shtml Patient advisory groups are forming to petition DHSS to add qualifying conditions to the law.

John Wilson was sentenced to 5 years in prison on 3/19/10; currently in Somerset Co. Jail.

Upcoming events:
Meeting with Sen. Menendez staff 4/7/10 re: DEA raids.
Sixth National Clinical Conference on Cannabis Therapeutics, 4/15--17/10 in Warwick, RI.
PhillyNORML fundraiser at Blockley Poorhouse on 4/20 at 7:30 PM ($7 donation). Jersey City Medical Marijuana Seminar on 4/23/10 at 7 PM at Grace Church Van Vorst, 39 Erie St.
MS Patients Support Groups at:
Morris Hall, Lawrence Twp., NJ on 4/25/10 at 2PM, and at:
CentraState Medical Center, Freehold, NJ on 5/17/10 at 1PM.
Marijuana Marches in New Brunswick, NJ and Philadelphia, PA on May 1, 2010.
Save the dates: CMMNJ at NJ League of Municipalities Convention, November 15-18, 2010.

Treasury report: Checking: $2,212.56; PayPal: $2139.67. Please consider a tax-deductible donation to CMMNJ, a 501(c)(3) public charity, to fund education about medical marijuana. Donations may be made through Paypal on our web site, or send checks made out to "CMMNJ" to the address below. Get a free t-shirt for a donation above $15—specify size.

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

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




Monthly Public Meeting Minutes
Tuesday, March 9, 2010; 7:00 PM -- 9:00 PM
Lawrence Twp. Library, Mercer County, NJ

7:15 PM: Call meeting to order. February 2010 minutes approval deferred. (Approved 3/13/10) Discussion:

The New Jersey Compassionate Use Medical Marijuana Act was signed into law on 1/18/10. The law is scheduled to take effect in July 2010. Emergency regulations are expected to be put out by the NJ Department of Health (DHSS) in April 2010. CMMNJ formally asked the DHSS to be involved in the development and review of the regulations to enact this law. No reply from DHSS. Medical marijuana patients should begin discussion with your personal physicians now. DHSS posted preliminary info at: http://www.state.nj.us/health/med_marijuana.shtml. CMMNJ patient advisory committee groups should be forming to petition DHSS to add qualifying conditions. Letter sent by CMMNJ to protest DEA raid of caregiver in Colorado (see below).

Upcoming events: John Wilson's sentencing by Judge Reed now scheduled for 3/19/10 at 9:00 AM at the Somerset County Court House in Somerville. NJ Medical Marijuana Information Seminar: Collingswood Library, 3/20/10, 1:00 PM to 3:00 PM; MS Group at Brick Hospital, 3/29/10, 11 AM -- 12 noon. Day of Prayer for Wisconsin's Jacki Rickert Medical Marijuana Act, 3/23/10. Communiversity 4/24/10. 4/20 events: Princeton University?? Also, there will be a PhillyNORML fundraiser at Blockley Poorhouse on 4/20. May 1, 2010 Marijuana Marches in New Brunswick, NJ and Philadelphia, PA.

Treasury report: Checking: $3,273.38; PayPal: $1072.88. T-shirts ordered from All American Graphics (#80 shirts for $700). Also, CMMNJ magnets were ordered (#500 for $170).

Welcome to new CMMNJ Board member Svetislav Milic, R.Ph, and advisory Board members Diane Fornbacher and Alan Marain. CMMNJ's next scheduled meeting is April 13, 2010 at the Lawrence Twp. Library from 7:00 PM until 9:00 PM. (Meeting at the library does not imply their endorsement of our issue.) For more info, contact:

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



March 2, 2010

Hon. Robert Menendez

Re: Medical marijuana patient protection

Dear Senator Menendez:

As you are aware, in January 2010 New Jersey enacted Legislation authorizing qualified patients upon their doctor's advice to use marijuana medicinally. The law requires patients to register and comply with a program administered by the State. In support of such programs, last year United States Attorney General Eric Holder issued a guidance memorandum* to US Attorneys in states that authorized medical marijuana.

This Memorandum instructed them to essentially focus resources on areas other than medical marijuana programs. Considering the tremendous threats to public safety and the country's welfare posed by terrorism, murder, kidnapping, bank robbery, fraud, drug cartels, public corruption, money laundering, counterfeiting, etc., AG Holder essentially challenged federal prosecutors to focus on concerns other than patients using medical marijuana in accordance with state law. At the time he issued this Memorandum he was doubtlessly aware of the holding in City of Garden Grove v. Superior Court. In this case, California's Fourth District Court of Appeal held that the medical use of marijuana by patients pursuant to State law was legal use, not pre-empted by federal concerns. The court also noted the right of the state to determine medical standards. In response to a petition of certification by the prosecution, the US Supreme Court declined to review that decision.

In light of the above, we were outraged to learn that on February 12, 2010 in Colorado, another medical marijuana state, the Drug Enforcement Administration raided the home of medical marijuana caregiver Chris Bartkowicz, confiscated his property and arrested him.** Compounding this inordinate waste of public resources is the fact that Jeffrey Sweetin, the DEA special agent in charge of the Denver office, and the lead agent in the raid, was quoted in the Denver Post as saying that marijuana "is not medicine." In addition to being patently incompetent to make such a statement, he
is completely wrong, as hundreds of studies and the attestations of tens of thousands of patients has proven. As noted above, even the US Supreme Court recognizes that if a state says that marijuana is medicine, then marijuana is medicine in that state. One would expect that the DEA agent responsible
would, as a minimum, be disciplined for this wretchedly irresponsible conduct.

My purpose in writing to you is to request that your office contact Attorney General Holder and request assurance that the federal government will not waste federal resources harassing New Jersey patients participating in this State's medical marijuana program. Please remind him that patients are not criminals. If the US Attorney has sufficient resources to not only adequately combat all the actual crimes noted above but also to persecute patients, it is evident that the US Attorney's budget is overly generous and should be reduced.

Thank you for acting to protect your constituents who are medical marijuana patients. If you have any questions, please feel free to contact me.

Very truly yours,


Kenneth 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


*See: http://blogs.usdoj.gov/blog/archives/192

**Read more: http://www.denverpost.com/ci_14393797#ixzz0h1qVvJ9C