CMMNJ Agenda for May 10, 2011; April Minutes

Monthly Public Meeting Agenda
Lawrence Twp. Library (Mercer County) Room #1 (note room change)
Tuesday, May 10, 2011; 7:00 PM – 8:30 PM

7:00 PM: Call meeting to order. Approve April 2011 minutes. Discuss:

May 10 meeting is only until 8:30 PM due to library construction. F/U at local restaurant?

“Medical marijuana law could put dispensaries, state employees at legal risk, according to USDOJ memo.” NJ AG asks guidance from feds; “inappropriate” per CMMNJ; NSL agrees. Inquirer agrees. CMMNJ requests meeting with AG Dow. ASA tells feds, “Cease and desist.”

Senate Judiciary Committee approves Mary O'Dowd as state health commissioner; Dr. Tan #2.

Recent CMMNJ events: Jahan Marcu spoke at Morristown H.S. 4/12/11. NORML’s 40th Annual Conference was 4/21-23, Denver, CO. CMMNJ web site revamped with Joomla! and partially updated for a $1000 fee. Upcoming events: Breastfest 5/14/11. PhillyNORML march and TLA event, 5/21/11. Global Cannabis March 5/7/11. Medical Marijuana Expo in West Atlantic City 6/25/11 by Brendan--609.994.7184. Rescheduling update?

CMMNJ resubmitted comments on the proposed DHSS Medicinal Marijuana Program rules.

New UCSF course 7/8/11: Cannabinoids in Clinical Practice: Challenges and Opportunities

Treasury report: Checking: $3944; PayPal: $3281. Make a tax-deductible donation to CMMNJ, a 501(c)(3) public charity. Use Paypal on our web site, or send a check to “CMMNJ” to the address below. Get a free t-shirt for a donation above $15—specify size.

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

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



















Monthly Public Meeting Minutes
Tuesday, April 12, 2011; 7:00 PM – 9:00 PM

7:00 PM: Call meeting to order. March 2011 minutes approved as changed. Discussion:

DHSS awarded permits to six NJ ATCs on 3/21/11. A number of unsuccessful ATC applicants raised concerns about the selection process. They wanted to know and were not told what was deficient in their applications. They were not convinced there was a “level playing field,” since the winning ATC’s appeared “well connected.” Plus, coincident with the selection, the DHSS Commissioner and her Deputy both resign. An ATC applicant who won a permit also attended the meeting; he said he could work with the DHSS rules. Projected price for pts.: $240-$280/oz.

Dr. Alaigh: “Marijuana is not medicine.” Will next DHSS Commissioner disagree?

Submit written comments on proposed DHSS Medicinal Marijuana Program rules, by regular mail, postmarked by 4/23/11 to: Devon L. Graf, Director, Office of Legal and Regulatory Compliance, Office of the Commissioner, NJDHSS, PO Box 360 Trenton, NJ 08625-0360.

Medical marijuana patient David Barnes: Case Dismissed! John Wilson update: No action from governor on request for pardon; appeal of John’s 5 year sentence pending. ASA Newsletter: NCI said pot had anti-tumor effects.

Recent CMMNJ events: Dr. Oz Show airs with CMMNJ supporters 3/29/11. WRNJ debate, 3/17/11. CMMNJ’s “Update on Use of Medical Marijuana in NJ” at NJ State Nurses Assn. Convention, Atlantic City, 3/31/11--CEUs awarded to over 70 RNs. TCNJ Journalism Student Documentary Project, 3/18/11

Treasury report: Checking: $5,110; PayPal: $3,361. E-Postcard filed with IRS (no charge). SONJ corporate filing and change of address done for $50.

The next CMMNJ meeting will be Tues., May 10, at the Lawrence Library Room #1 at 7PM. For info, contact: Ken Wolski, RN (609) 394-2137 ohamkrw@aol.com www.cmmnj.org info@cmmnj.org



















NJ AG Paula Dow wrong to seek federal advice on medical marijuana

WHO: Attorney General Paula Dow
WHAT: Asked federal officials their plans to punish NJ’s Medicinal Marijuana Program participants
WHEN: April 19, 2011
WHERE: Trenton, NJ
WHY: The federal government insists marijuana has no accepted medical uses in the U.S.

Attorney General Paula Dow sent letters to federal officials on April 19th asking them if they intend to punish anyone associated with New Jersey’s Medicinal Marijuana Program. The attorney general even suggested ways that New Jerseyans might be punished—“civil suit or criminal prosecution,” the letters said.

A more appropriate approach would have been for the attorney general to tell the federal officials that if they dare to interfere with New Jersey’s medical marijuana program, she will sue them and fight them all the way to the Supreme Court, where she will win. The U.S. Supreme Court has already acknowledged (in the Garden Grove decision) that states have the right to determine the proper practice of medicine within each state. In the Garden Grove case the U.S. Supreme Court let stand a lower court’s decision that said: "Congress enacted the Controlled Substances Act to combat recreational drug abuse and curb drug trafficking. Its goal was not to regulate the practice of medicine, a task that falls within the traditional powers of the states.”

Ken Wolski, executive director of CMMNJ said, “There can be no doubt that every aspect of New Jersey’s medical marijuana program concerns access to physician-recommended medicine by desperately ill patients. The 110 pages of regulations promulgated by the New Jersey Department of Health and Senior Services to enact the Medicinal Marijuana Program is a monument to overly-cautious bureaucratic detail. No one could possibly confuse it with drug abuse and drug trafficking. The attorney general should instead be insisting that the federal government reschedule marijuana from its absurd Schedule I status.”

Schedule I drugs have no accepted medical uses in the U.S. New Jersey—along with 14 other states and the District of Columbia—acknowledged medical uses for marijuana through legislation. Another dozen states are considering similar legislation. “It is the federal government that is wrong in this, not New Jersey. State officials should not look to the feds for guidance on medical marijuana,” Wolski added.

Ken Wolski, RN, MPA, Executive Director, Coalition for Medical Marijuana--New Jersey, Inc.
219 Woodside Ave., Trenton, NJ 08618 (609).394.2137 www.cmmnj.org ohamkrw@aol.com

NJ AG Dow wrong to seek federal advice on medical marijuana

WHO: Attorney General Paula Dow
WHAT: Asked federal officials their plans to punish New Jersey’s Medicinal Marijuana Program participants
WHEN: April 19, 2011
WHERE: Trenton, NJ
WHY: The federal government insists marijuana has no accepted medical uses in the U.S.

Attorney General Paula Dow sent letters to federal officials on April 19th asking them if they intend to punish anyone associated with New Jersey’s Medicinal Marijuana Program. The attorney general even suggested ways that New Jerseyans might be punished—“civil suit or criminal prosecution,” the letters said.

A more appropriate approach would have been for the attorney general to tell the federal officials that if they dare to interfere with New Jersey’s medical marijuana program, she will sue them and fight them all the way to the Supreme Court, where she will win. The U.S. Supreme Court has already acknowledged (in the Garden Grove decision) that states have the right to determine the proper practice of medicine within each state. In the Garden Grove case the U.S. Supreme Court let stand a lower court’s decision that said: "Congress enacted the Controlled Substances Act to combat recreational drug abuse and curb drug trafficking. Its goal was not to regulate the practice of medicine, a task that falls within the traditional powers of the states.”

Ken Wolski, executive director of CMMNJ said, “There can be no doubt that every aspect of New Jersey’s medical marijuana program concerns access to physician-recommended medicine by desperately ill patients. The 110 pages of regulations promulgated by the New Jersey Department of Health and Senior Services to enact the Medicinal Marijuana Program is a monument to overly-cautious bureaucratic detail. No one could possibly confuse it with drug abuse and drug trafficking. The attorney general should instead be insisting that the federal government reschedule marijuana from its absurd Schedule I status.”

Schedule I drugs have no accepted medical uses in the U.S. New Jersey—along with 14 other states and the District of Columbia—acknowledged medical uses for marijuana through legislation. Another dozen states are considering similar legislation. “It is the federal government that is wrong in this, not New Jersey. State officials should not look to the feds for guidance on medical marijuana,” Wolski added.

Ken Wolski, RN, MPA, Executive Director, Coalition for Medical Marijuana--New Jersey, Inc.
219 Woodside Ave., Trenton, NJ 08618
609.394.2137 www.cmmnj.org ohamkrw@aol.com

New Jersey Medical Marijuana ATC Applications Released

4/13/2011 - Documents from the application process in New Jersey for the medical marijuana Alternative Treatment Centers are being released. The Coalition for Medical Marijuana New Jersey (CMMNJ) and Freedomisgreen.com acquired the six applications that were approved. They are posted online for public download here: http://www.scribd.com/NJcannabisDocs

Requests for the information were filed through the Open Public Records Act (OPRA) with the Department of Health and Senior Services (DHSS).

DHSS officials said that the scoring and review documents from the application process are being released later today. The additional twenty-five unapproved applications are expected later this week.

CMMNJ and Freedomisgreen.com will continue to post the documents online for public review.

CONTACT:
Chris Goldstein 267 702 3731

Ken Wolski 609 394 2137 or ohamkrw@aol.com

CMMNJ Agenda for April 12, 2011; March Minutes

Monthly Public Meeting Agenda
Lawrence Twp. Library (Mercer County) Room #3 (note room change)
Tuesday, April 12, 2011; 7:00 PM – 9:00 PM

7:00 PM: Call meeting to order. Approve March 2011 minutes. Discuss:

DHSS awards permits to six NJ ATCs on 3/21/11; DHSS Commissioner Alaigh and Deputy Commissioner Walsh both resign. ATC’s “well connected.” Dr. Alaigh: “Marijuana is not medicine.”

New public comment period on DHSS Medicinal Marijuana Program rules ends 4/23/11. Submit written comments (see below) on the proposed rules, by regular mail, postmarked by April 23, 2011 to: Devon L. Graf, Director, Office of Legal and Regulatory Compliance, Office of the Commissioner, New Jersey Department of Health and Senior Services, PO Box 360 Trenton, NJ 08625-0360.

Recent CMMNJ events: Dr. Oz Show airs with CMMNJ supporters 3/29/11. WRNJ debate on their Newsline segment from 3/17/11. CMMNJ’s “Update on Use of Medical Marijuana in NJ” at NJ State Nurses Assn. Convention, Atlantic City, 3/31/11--CEUs awarded to over 70 RNs. TCNJ Journalism Student Documentary Project, 3/18/11. Upcoming events: Medical Marijuana Expo in Atlantic City planned for 6/25/11 by Brendan--609.994.7184. Web site revamp in progress. Jahan Marcu at Morristown H.S. 4/12/11. NORML’s 40th Annual Conference, 4/21-23, Denver, CO.

Medical marijuana patient David Barnes: Case Dismissed!

Treasury report: Checking: $5,110; PayPal: $3,361. Make a tax-deductible donation to CMMNJ, a 501(c)(3) public charity. Use Paypal on our web site, or send a check to “CMMNJ” to the address below. Get a free t-shirt for a donation above $15—specify size.

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

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



















Monthly Public Meeting Minutes
Tuesday, March 8, 2011; 7:00 PM – 9:00 PM


7:00 PM: Call meeting to order. January 2011 minutes approved. Discussion:

The DHSS held a Public Hearing on Medicinal Marijuana Program (MMP) rules on Mon., 3/7/11 at the Trenton War Memorial. DHSS officials did not respond to comments. CMMNJ held a Press Conference in the War Memorial foyer immediately following the hearing.

Legal papers filed by ASAP seeking an injunction to stop the DHSS MMP ATC RFA were denied by Appellate Court; DHSS accepted 20 applications; decision expected 3/21 on ATC permits. DHSS web site updated.

New public comment period on DHSS rules ends 4/23/11. Submit written comments on the proposed rules, by regular mail, postmarked by April 23, 2011 to: Devon L. Graf, Director, Office of Legal and Regulatory Compliance, Office of the Commissioner, New Jersey Department of Health and Senior Services, PO Box 360 Trenton, NJ 08625-0360.

Civil disobedience discussed re: unresponsiveness of DHSS to public comments, “Mockery of Democracy.” CMMNJ is neutral on this issue. CMMNJ does not condone civil disobedience but we recognize its important role in bringing about social change.

Recent CMMNJ events: Stone Pony, Asbury Park, Bouncing Souls Feb. 9–12. Thanks to vols! CMMNJ met in Newark 2/15 with Mr. Calcagni, Dir. of Consumer Affairs, Office of the A. G. re: rescheduling marijuana in NJ. CMMNJ lecture at Ramapo College on 3/1/11. Testimony submitted in support of Maryland’s medical marijuana bill. WZBN interview, 3/3/11. Web site revamp in progress; $500 down payment made. Upcoming events: “Update on Use of Medical Marijuana in NJ” at NJ State Nurses Assn. Convention, Atlantic City, 3/31; CEUs available. Medical Marijuana Expo in Atlantic City being planned for 6/25/11 by Brendan 609.994.7184.

Treasury report: Checking: $5,177; PayPal: $3,280. $500 tax-deductible donation to CMMNJ, a 501(c)(3) public charity, received from a NJ patient.

The next CMMNJ meeting will be Tues., 4/12/11, at the Lawrence Library Room #1 from 7PM to 9PM. For info, contact: Ken Wolski, RN (609) 394-2137 ohamkrw@aol.com www.cmmnj.org info@cmmnj.org


















February 25, 2011
Re: Medicinal Marijuana Program Changes Urged

Dear New Jersey Legislator:

The Coalition for Medical Marijuana—New Jersey (CMMNJ) and the Association of Safe Access Providers-New Jersey (ASAP-NJ) have reviewed the Medicinal Marijuana Program regulations published on Feb. 22, 2011 by the New Jersey Department of Health and Senior Services. Both groups have offered comments and suggestions to put these regulations in conformance with the statutory language and intent.

We believe that the changes we have made to the regulations represent the minimum necessary to have an effective program in accordance with the law. For a copy of the regulations with suggested deletions in brackets and additions underlined, see: http://www.scribd.com/doc/49541387/DHSS-Revised-regs-2-16-CMMNJ-ASAPNJ

I have drafted the Executive Summary, below, of the changes that we made. If you have any questions, please do not hesitate to contact me.

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

Executive Summary of proposed changes to NJ DHSS Medicinal Marijuana Program regulations by CMMNJ & ASAP-NJ

1. Eliminate the entire physician registry;

2. Eliminate the arbitrary cannabinoid (THC, etc.) level and strain limits;

3. Significantly change the process to add debilitating medical conditions;
a. reduce the 2-year waiting period;
b. change the make-up of the review panel to include medical marijuana experts and patients;
c. require the panel to review scientific and medical research and evidence;
d. allow the review panel to make the final decision;

4. Eliminate arbitrary and capricious physician requirements;
a. the physician need not and cannot determine that providing the patient with multiple instructions creates an undue risk of diversion or abuse;
b. the physician’s certification need not include a statement on the “lack of scientific consensus for the use of medicinal marijuana”;
c. eliminate the requirement that the licensed physician also possess an active controlled dangerous substances registration;
d. eliminate the requirement that the physician seeking to authorize the medicinal use of marijuana by a minor obtain confirmation from a pediatrician and from a psychiatrist;

5. Stop micromanagement of ATCs;
a. allow ATCs to determine the makeup of their own Medical Advisory Boards;
b. remove the arbitrary ban on volume purchase discounting;
c. increase the allowable ATC inventory of processed on hand medical marijuana to 3 months supply per patient
d. allow more variety in products (at least cannabis butter, oil and tincture);
e. allow home delivery as the law does (but do not make it mandatory);

6. Protect patient privacy;
a. do not require ATCs to collect information on the medical conditions of patients;
b. do not require ATCs to collect patient surveys regarding pain control, etc.;
c. eliminate the requirement that the physician identify the patient’s diagnosis to the DHSS in a manner that compromises the patient’s confidentiality;

7. Make the patient/caregiver ID card process more patient-friendly;
a. reduce the fee for a patient ID card to $100 and for a caregiver ID card to $25;
b. do not make registry with an ATC a precondition of patient registration;
c. make application and renewal fees refundable if application is incomplete;
d. caregiver criminal history record background check need not be done every two years;
e. proof of state residency may include a notarized certification of residency containing the applicant’s address;
f. custodial parent, or guardian of a minor need not also be qualified as a primary caregiver;
g. eliminate the requirement that a person who voluntarily surrenders an ID must include a written notice to that effect;
h. clarify that the DHSS shall revoke a registry identification card for failing to qualify for medical marijuana, not that the individual “Ceases to have his or her debilitating condition.”




















Background info:

The “New Jersey Compassionate Use Medical Marijuana Act" became law in January 2010. It went into effect on October 1, 2010. For a copy of the law, see: http://www.njleg.state.nj.us/2008/Bills/PL09/307_.PDF

The law removes the state-wide penalties for the possession and use of up to two ounces of marijuana a month when a New Jersey licensed physician recommends it for a patient with one of the qualifying medical conditions. Qualifying medical conditions include cancer, AIDS, multiple sclerosis, Crohn’s disease, etc. The physician must have an on-going responsibility for the patient’s condition. Patients will be issued ID cards in a program run by the New Jersey Department of Health and Senior Services (DHSS). Patients may designate a caregiver to assist them with obtaining and using the marijuana. The caregiver must also register with DHSS and must undergo a criminal background check. The marijuana will be obtained from Alternative Treatment Centers which will be set up in the north, central and southern parts of the state. The Centers will be tightly regulated by the DHSS and the Department of Law and Public Safety. New Jersey is unique among the 15 medical marijuana states in that only the Garden State prohibits home cultivation of medical marijuana.

Specific information about how to apply to the DHSS for ID cards as a qualified patient or caregiver, or how to apply for a permit as an Alternative Treatment Center is available in the form of proposed regulations. (It is not possible to apply as a patient or caregiver yet. The DHSS has only started the physician pre-registry at this point.) The DHSS regulations were revised in mid-January, 2011, and are the subject of legislative debate at the moment. There is a Resolution in the legislature that will force the DHSS to invalidate all or parts of the regulations. Nevertheless, the DHSS has awarded permits on March 21, 2011 to six non-profit organizations to run ATCs in NJ. The DHSS thinks the soonest medical marijuana will be available to patients will be mid-summer, 2011. The information available to the public from the DHSS can be found at: http://www.state.nj.us/health/med_marijuana.shtml

For more info, join the CMMNJ e-mail list for monthly updates. Visit: http://www.cmmnj.org/ Click on the link on the front page that says: Click here.

The next CMMNJ meeting will be April 12, 2011 (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. (It's at the corner of Business Rt. 1 and Darrah Lane in Mercer County.) We also have Patient Advisory Groups (to add qualifying conditions to the law) and an ATC Advisory Group that meet at various locations.

CMMNJ, a 501(c)(3) public charity, provides education about the benefits of safe and legal access to medical marijuana. Donations to CMMNJ are income tax deductible. Help us to continue our mission with your generous financial support. Donations may be made via PayPal (click the link on our website) or send a check made out to “CMMNJ” to the address below. Donations of $15 or more qualify for a CMMNJ t-shirt—specify size. Thank you.

Medical Marijuana Group Responds to DHSS Resignations

3/28/2011 - The Coalition for Medical Marijuana--New Jersey (CMMNJ) notes with great concern the sudden resignation of New Jersey’s two top health officials and the continued pressure from Governor Chris Christie to implement unworkable regulations for the medical marijuana program.

Department of Health and Senior Services (DHSS) Commissioner Dr. Poonam Alaigh and Deputy Commissioner Dr. Susan Walsh were tasked with putting the compassionate use law into practice. Both announced their resignations last week coincident with the awarding of permits to run medical marijuana dispensaries, or Alternative Treatment Centers.

CMMNJ would support any investigation into the ATC awards process by the media and/or the Legislature.

NJ DHSS has proposed a set of regulations to implement the Compassionate Use Medical Marijuana Act. A state executive agency is obligated to adhere to both the specific statutory terms and the clear legislative intent but it is not authorized or empowered to effectively rewrite the statute, substituting its judgment for that of the Legislature.

The New Jersey Senate and Assembly have declared the proposed regulations from DHSS to be inconsistent with the law's intent. Senator Nicholas Scutari has introduced SCR151, the final stage of a rare process that would invalidate parts of the rules. This action would empower the Legislature to ensure the integrity of the new law and could avoid any further delays to the program, if it is employed quickly.

CMMNJ supports this legislative resolution to invalidate significant parts of the current medical marijuana program regulations.

It is our hope the new DHSS officials in charge of the Medicinal Marijuana Program will uphold the intent of the law, unlike their predecessors. CMMNJ suggests the following:

- The DHSS Commissioner and Deputies must commit themselves to understanding and openly stating that marijuana is medicine, since that is what the law declares

- DHSS should be responsive to the concerns of marijuana experts and patients. Previous public hearings have elicited hundreds of impassioned pleas from patients, advocates and potential ATC operators that have been uniformly ignored by DHSS.

CONTACT: Ken Wolski 609 394 2137 ohamjrw@aol.com or Chris Goldstein media@cmmnj.org

New Jersey Licenses Six Alternative Treatment Centers for Medical Marijuana

FOR IMMEDIATE RELEASE
Contact: Ken Wolski or Chris Goldstein (609) 394-2137 media@cmmnj.org

New Jersey Licenses Six Alternative Treatment Centers for Medical Marijuana

On March 21, 2011 New Jersey Department of Health and Senior Services (DHSS)announced the winning applications for the medical marijuana Alternative Treatment Centers (ATCs) in the Garden State.
Twenty-one applicants submitted exhaustive business plans along with a $20,000 filing fee.

The successful non-profit applicants are:
· Breakwater Alternative Treatment Center, Corp., Ocean, Central Region; The ATC would be located in Manalapan, Monmouth County.

· Compassionate Care Centers of America Foundation Inc. (CCCAF), Jersey City, Central Region; The ATC would be located in New Brunswick, Middlesex County.

· Compassionate Care Foundation Inc., West Trenton, Southern Region; The ATC would be located in Bellmawr, Camden County.

· Compassionate Sciences, Inc. ATC, Sea Cliff, NY, Southern Region; The location of the ATC is undetermined, but will be located in either Burlington or Camden County.

· Foundation Harmony, Cliffside Park, Northern Region; The ATC would be in Secaucus, Hudson County.

· Greenleaf Compassion Center, Montclair, Northern Region; The ATC would be in Montclair, Essex County.

However the regulations governing the facilities have not been finalized and remain in a hard-fought Legislative dispute.

Ken Wolski the executive director of The Coalition for Medical Marijuana--New Jersey (CMMNJ) said,"We certainly wish the successful applicants luck because patients need legal marijuana as soon as possible. However, we have serious doubts that these non-profit organizations will be able to develop a working program with the overly restrictive regulations proposed by DHSS. CMMNJ still supports the legislative Resolution to invalidate significant parts of the DHSS regulations."

Fifteen states and the District of Columbia now have laws that protect patients who use marijuana with a doctor’s recommendation. For more info, contact:

CONTACT: Ken Wolski, RN, MPA, Executive Director 609 394 2137

www.cmmnj.org

State may annouce first medical marijuana suppliers

Today officials will announce the results of the application process for the first medical marijuana Alternative Treatment Centers (ATCs) in the Garden State. The New Jersey Department of Health and Senior Services (DHSS) confirmed in an email that they would release a statement.

More than 20 applicants submitted exhaustive business plans along with a $20,000 filing fee. But the regulations governing the ATC facilities have not been finalized and remain in a Legislative dispute. Potential non-profits have stated that they would find it nearly impossible to operate under the current proposed rules, even if the state does give them a green light.