Oral Testimony to the New Jersey Assembly Regulatory Oversight Committee, March 2, 2015, by Kenneth R. Wolski, RN

Chairman Gusciora and members of the Assembly Regulatory Oversight Committee, thank you for the opportunity to again address this committee.

My name is Ken Wolski.  I am Executive Director of the Coalition for Medical Marijuana—New Jersey, Inc.  (CMMNJ)   I am a registered nurse with 39 years experience in New Jersey & Pennsylvania.

In 2003, I co-founded CMMNJ.  We are the only statewide organization in NJ that is solely dedicated to bringing about safe and legal access to medical marijuana.  We incorporated in 2006 and became a 501(c)(3) in 2007.  Our mission is to educate the public about the benefits of medical marijuana.
 
Last year I presented to this committee my resume, some Op Eds I had published on the importance of home cultivation, some testimony from patients who are having a great deal of difficulty with the medical marijuana program, and a Compact Disc (CD) containing the revisions to the Regulations that enact the Compassionate Use Medical Marijuana Act (CUMMA) that we feel are necessary in order to make this a successful program.

In looking at where we were a year ago and where we are today, not much has changed.

• 3 ATCs were open then; 3 ATCs are open now (it's like having three pharmacies in the entire state);
• About 250 doctors were in the program then; about 350 doctors are in it now--out of over 30,000 licensed physicians in the state;
• About 1700 patients were registered a year ago; about 3700 patients are registered now, in a state with almost 9 million people.

When the CUMMA passed into law in Jan., 2010, The Legislature found and declared that:
• there was “beneficial use for marijuana in treating or alleviating the pain or other symptoms associated with certain debilitating medical conditions” and,
• this “law will have the practical effect of protecting from arrest the vast majority of seriously ill people who have a medical need to use marijuana.”

That has simply not happened in the 5 years since this bill became law.

Marijuana has enormous therapeutic potential, but,
• Most people who could benefit from marijuana therapy do not have one of the severely limited qualifying conditions;
• Those who do have a qualifying condition find the application process too difficult, or too time-consuming to manage; and,
• Even those who manage to get an ID card find the program too expensive to afford.

Limited qualifying conditions:
There is no valid medical or scientific reason to limit marijuana therapy for pain management to only two diseases, cancer and HIV/AIDS.

Marijuana is effective for pain management for any disease, injury or medical condition that causes chronic pain, and, for conditions that cause neuropathic pain, marijuana works better than any other drug on the market.  Last year there was some question about what constitutes chronic pain and I want to offer a definition so that we are clear on this. Chronic pain is unrelieved pain in a major disabling condition that continues for six months or more. Marijuana therapy is appropriate for any chronic condition that a doctor might prescribe a narcotic for
and, in fact, marijuana is significantly safer than narcotics.  There is a 25% reduction in opiate overdose deaths in states that have robust medical marijuana programs.  See that article from “Science Daily” that I provided to members of this committee.

There is no reason to limit marijuana therapy for only three neurological conditions.  Marijuana is neuroprotective according to the Expert Opinion Paper of the National MS Society published in 2008. That means that marijuana can delay or even stop the progression of these incurable neurological conditions, but it continues to be nearly impossible for patients to legally access.

Twenty-two veterans commit suicide every day in the U.S. because Post Traumatic Stress Disorder (PTSD) is so poorly managed by traditional pharmaceuticals. We give parades and platitudes to veterans for their
service, but we deny them access to appropriate health care—marijuana therapy—which shows great promise in the management of PTSD in the states and foreign countries where it is allowed.

The DOH is empowered to add qualifying conditions at any time.  But the DOH has created an overly burdensome process that we believe is designed to fail.  The process has not even started yet due to self-imposed restrictions by the DOH.

Application process too difficult:
Finding a doctor who participates in the MMP is difficult when only about 1% of NJ physicians are signed up to take part. The Regulations created the very thing the statute wanted to avoid—patients going to a small list of doctors specifically for marijuana recommendations.  The statute wanted to ensure that there was a bona fide doctor/patient relationship but instead, patients have to abandon their family doctors and specialists and find a doctor on the DOH’s list.

The application process is too lengthy for nearly all hospice patients who die before they ever get access, and for many cancer patients who get a cancer diagnosis and have to endure chemotherapy before they can ever get an ID card.

Medical marijuana too expensive:
The marijuana from New Jersey’s ATCs is the most expensive in the nation.  It is just not an option for the many patients who have been impoverished by their illness.

The DOH justified this high price by saying in its Biennial Report that NJ is an expensive state to live in.  There was no sympathy at all from the DOH, no attempt at accommodating the poor—the DOH just seemed to say, “If you want cheaper medical marijuana, go find yourself another state to live in.”

In the packet of material I have provided to Committee members, there is:
• Testimony from two patients, Maryanne Boniello and Vanessa Waltz who could not be here today.  Their testimony explains in detail some of the problems they have had with the medical marijuana program;
• A Petition for Rulemaking that CMMNJ submitted to DOH in Oct., 2014.  CMMNJ made a formal application through the Regulatory process to the DOH for modifications to some of the more egregious regulations. Namely:
1. Eliminate the $200 fee for all volunteer caregivers and eliminate the illegal sales tax on medical marijuana.
2. Delete the registration requirement for doctors as well as the unwarranted course requirement in pain management in order for licensed physicians to recommend medical marijuana.
3. Eliminate the regulatory requirement for physicians to violate patient confidentiality and that section which interferes with the physician’s professional judgment.
4. Eliminate the regulatory requirement that requires physicians to provide warnings to patients that directly contradicts the law.
5. Add as an additional qualifying debilitating condition Post Traumatic Stress Disorder (PTSD) to accommodate the influx of recent military service veterans inasmuch as the DOH failed to establish the panel as required by N.J.A.C 8:64-5.1 to add new conditions.
6. Eliminate the requirement for parents to seek the approval of three licensed physicians in order to obtain medical marijuana for their child.
• The packet of material also contains a summary of the changes A3525/S2312 will bring to the NJ Medicinal Marijuana Program. This is a much more comprehensive legislative fix of the MMP, that:
1. Eliminates the physician registry;
2. Expands qualifying conditions—includes PTSD, Alzheimer’s, Lyme or Parkinson’s Disease, hepatitis, nail patella & any condition causing severe or chronic pain, severe nausea or cachexia;
3. Restores limited home cultivation (five plants plus one or more mother plants) for patients--patients may grow themselves, use a registered grower, or use an Alternative Treatment Center;
4. Protects organ transplant patients from disqualification simply for the use of medical marijuana;
5. Eliminates the tax on the sale, use, cultivation and possession of marijuana;
6. Includes explicit employee protection—makes it unlawful to take adverse employment action simply for medical marijuana use;
7. Eliminates background check and fee for caregiver ID card;
8. Reduces ID card fee to $50 with no automatic expiration;
9. Eliminates requirement for psychiatric clearance for minors—keeps pediatrician requirement;
10. Requires initial and ongoing training for all state, county and local Law Enforcement Officers (LEOs) on the rights of patients, growers and caregivers and trains LEOs in Field Sobriety Tests who may not simply rely on blood or urine tests for DUIs;
11. Includes explicit immunity from civil liability and criminal prosecution for the authorized use of medical marijuana;
12. Requires physicians to determine the form, strain and amount of marijuana for their patients and eliminates the two ounce/month limit, as the amount required is determined by patient need;
13. Allows patients to obtain medical marijuana from out-of-state if necessary and out-of–state ID cards are honored in New Jersey;
14. Cuts permit fees for Alternative Treatment Centers (ATCs) from $20,000 to $5000 and imposes no upper limit on the number of ATCs permitted;
15. Removes strain or potency limits imposed on marijuana cultivated;
16. Allows ATCs to dispense a 60-day supply of marijuana instead of current 30-day limit;
17. Permits any edible form of marijuana for any age;
18. Establishes dosage units for all forms in conjunction with Department of Health (DOH);
19. Requires testing in licensed laboratories on each batch of marijuana (and on request) for chemical composition, biologic contaminants, pesticides, solvents and foreign material with results of testing available on request;
20. Forbids the DOH to issue overly restrictive or unduly burdensome regulations for this law.

In summary, the MMP fails the vast majority of patients in NJ who:
• Who know they can benefit from marijuana therapy;
• Who see patients in other states obtaining relief with marijuana therapy for the same debilitating medical conditions that they have;
• Thought they would be protected by having safe and legal access to marijuana therapy; and,
• Who continue to suffer needlessly—and even die--in NJ, or who break the law and risk serious civil and criminal penalties for their use of an unauthorized medicine.

CMMNJ believes that the MMP is a case of Failure to Thrive.  This Failure to Thrive is not the result of a lack of ability on the part of the Health Department, but a lack of political will to create a meaningful program, and this is directly a result of Governor Chris Christie.

This governor has said that he is “done” expanding the medical marijuana program, apparently regardless of whatever evidence is presented to him. He has questioned the legitimacy of this program, and all 23 state programs like it, by saying these programs are just a “front” for legalization.

I worked in state government here in NJ for 25 years, all, or part of, five decades, actually. I know how the system works.  The governor appoints the commissioner of the Department of Health and that commissioner serves at the pleasure of the governor.  If the commissioner does not carry out the wishes of the governor, that commissioner is replaced.

I believe that public health is too important to be run this way.  The Commissioner of the Department of Health needs independence from the political whims of governors (especially those with presidential ambitions whose decisions may well not be based on the best interests of the people of the State of New Jersey).  A Health Commissioner in New Jersey could perhaps be independently elected, or else be given lifetime tenure after vetting.  Some solution must exist to ensure that public health decisions in NJ are based on sound science and not political whims or worse yet, delusions.

CMMNJ December 9, 2014 Meeting Agenda

Monthly Public Meeting Agenda 
Lawrence Township Library, Room #3
Tuesday, December 9, 2014, 7:00 PM -- 9:00 PM

Approve October 2014 minutes (no November meeting).  Discuss:

“CMMNJ TV” began broadcasting from Princeton Community TV on 11/11/14.  Episodes run twice a week for two weeks--Tues., 10 pm & Fri., 10:30 am on Comcast Ch. 30 & Verizon FIOS Ch. 45.

Patient’s Handbook from CMMNJ coming soon.

CMMNJ awaits action on “Petition for Rulemaking,” requesting MMP regulatory changes, that DOH received 10/16/14.

Ed Forchion (NJWeedman) asks appeals court to agree NJ pot laws are racist and contradictory.

Election 2014: Alaska, Oregon, & Washington D.C. legalize marijuana.  Fla. medical falls short.

NJ bills: A3726 (PTSD); A3525/S2312 (MMP fix); S1896/A3094 (legalize); A218 (decrim).

Upcoming Events: Sabina Rose Memorial, Statehouse, Trenton, 12/2/14 at 11 am.
Cannabis Christmas Party & Poe Roast, Underground Arts, Philadelphia, 12/13/14 at 8 pm.
“Medical Marijuana: Myths & Medicine,” PA State Nurses Assn., 3/26/15 Millersville Univ.
Medical Marijuana patient Chris Donahue’s trial in Doylestown, PA.

Recent events: Legalize Marijuana Rally (NJ Cannabis Conference) in Trenton, 10/18/14; Jennie Stormes fled to Colorado (medical marijuana refugee) the next day, 10/19/14.  Thursday demonstrations at the Statehouse ended 11/20/14 for winter break—to resume in the spring.
Medical marijuana “Patients Panel” at Ramapo College, 11/13/14.
“Ignorance is No Excuse” tour distributes the MMP A.G. guidelines to local P.D.’s.
Central NORML NJ meeting at Firkin Tavern, Ewing, NJ 11/19 (3rd Wed. of the month), 7pm.

Treasury report: Checking: $3861; PayPal: $3626. CMMNJ is selling hand-rolled hemp bracelets/necklaces from Romania @ $3 each or 2/$5.

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 Mercer County’s endorsement of our issue.)

More info:  Ken Wolski, RN
(609) 394-2137 ohamkrw@aol.com
http://www.cmmnj.org

Facebook: Friends of CMMNJ:
https://www.facebook.com/groups/62462971150/?fref=ts

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

Recent Media Coverage and Blogs:

Opinion: Legal marijuana use for adults - a smart idea
http://www.nj.com/opinion/index.ssf/2014/11/opinion_legal_marijuana_use_for_adults_would_be_a_smart_idea.html

Obstructionist Policies Prevent Successful Implementation of Medical Marijuana Program
http://www.ahherald.com/letters/18764-obstructionist-policies-prevent-successful-implementation-of-medical-marijuana-program

A call to action on medical marijuana: Letter
http://www.nj.com/opinion/index.ssf/2014/11/a_call_to_action_on_medical_marijuana_letter.html

Philly420: Cannabis candies for Trick-or-Treat? Unlikely
http://www.philly.com/philly/news/Cannabis_candies_for_Trick-or-Treat_Unlikely.html

Rastafarian college student sues police over pot bust,
claims they profiled his dreadlocks
http://www.nj.com/monmouth/index.ssf/2014/11/rastafarian_college_sues_keansburg_police_claims_they_profiled_him_for_his_dreadlocks.html

Judge tosses out evidence in medical marijuana patient's possession case
http://www.nj.com/sussex-county/index.ssf/2014/11/judge_tosses_out_evidence_in_medical_marijuana_patients_possession_case.html

Updated: Employee who confronted Princeton over medical marijuana no longer employed by U.
http://dailyprincetonian.com/news/2014/11/employee-who-confronted-princeton-over-medical-marijuana-use-no-longer-employed-by-u/

Princeton Univ. employee who protested medical marijuana ultimatum no longer works for school
http://www.nj.com/mercer/index.ssf/2014/11/princeton_university_fires_employee_seeking_to_smoke_medical_marijuana.html

NYC has come to its senses on marijuana. Will N.J.? (Editorial)
http://www.nj.com/opinion/index.ssf/2014/11/nyc_marijuana_policy.html

N.J. Weedman appealing sentence he already served,
contends state pot laws are racist
http://www.nj.com/politics/index.ssf/2014/11/nj_weedman_contests_racist_contradictory_marijuana_laws_he_says_in_court_filing.html

New medical marijuana dispensary in Cranbury gets permit to grow
http://www.nj.com/politics/index.ssf/2014/11/new_medical_marijuana_dispensary_in_cranbury_gets_permit_to_start_growing.html

Victory in fight to legalize marijuana
http://www.northjersey.com/news/nj-state-news/victory-in-fight-to-legalize-marijuana-1.1141979

CMMNJ TV 1.14
https://vimeo.com/112526679?email_id=Y2xpcF90cmFuc2NvZGVkfGE4NWY1OThkZjg2NjBlMTIxY2FhYjk4ODk5OTc2NmEyNDc5fDIzOTE1ODF8MTQxNjYwMjYwM3w3NzAx&utm_campaign=7701&utm_medium=clip-transcode_complete-finished-20120100&utm_source=email

Legalization - What to Expect
https://www.youtube.com/watch?v=mulahkAmoIQ&feature=youtu.be

Decarboxylation
http://skunkpharmresearch.com/decarboxylation/

Remembering Cheryl Miller
http://www.ladybud.com/2014/11/12/remembering-cheryl-miller-beloved-wife-and-friend-activist-and-inspiration/

Joseph D’Souza’s Trial

If you think medical marijuana patients are no longer getting arrested in New Jersey for possession of marijuana, ask Joseph D’Souza.

Mr. D’Souza now has both a medical marijuana ID card and an arrest record for the first time in his life.

Mr. D’Souza, at 54 years of age, is a survivor of three separate bouts of cancer.  His treatment included chemotherapy, radiation therapy and multiple surgeries.  His face is permanently disfigured from surgery and he suffers from chronic pain as a result of the cancers.  He can no longer work—he’s on disability.  He qualifies for medical marijuana therapy in New Jersey and, in fact, he has a Medicinal Marijuana Program ID card from the state’s Department of Health.

Mr. D’Souza’s car was legally parked in Bayonne on February 12th when the police arrived.  His vehicle was searched and the police found a small amount of marijuana—less than a gram. Mr. D’Souza said that the marijuana belonged to a passenger.  But because Mr. D’Souza was the driver of the car he was arrested for possession of marijuana.  He is being punished because someone who obtained marijuana illegally left him holding the bag.

He is outraged that he has an ID card that would allow him to legally possess marijuana but he cannot obtain this medicine because of the months-long wait at the only Alternative Treatment Center that is open in the state.  Mr. D’Souza said that he has had his ID card for over four months.

Now Mr. D’Souza feels tremendous stress at being dragged through the criminal justice system.  He faces imprisonment and fines he cannot afford.  Mr. D’Souza also said there were eight police cars surrounding his car when he was searched and arrested, and a drug dog was brought out.  He believes this is a shameful waste of police resources.

He’s right.

In the absence of a fully functioning Medicinal Marijuana Program, New Jersey must decriminalize marijuana.  The entire Assembly agreed to this in June 2012 and the Senate should take action on this now.  Governor Christie has said that he would veto any decriminalization bill that made it to his desk.  Mr. D’Souza hopes the governor changes his mind.

Despite acknowledging the failure of the War on Drugs, the governor wants to continue to arrest 20,000 people in New Jersey each year for marijuana offenses.  Most of these arrests, like Mr. D’Souza’s, involve possession of small amounts of marijuana.  It makes no sense.

Moreover, no one knows how many of these arrestees are using marijuana medicinally.  It will be decades before New Jersey recognizes the full extent of marijuana's therapeutic potential.  Meanwhile, we must stop arresting people like Mr. D’Souza.

If you would like to show support for Mr. D’Souza, he is scheduled to have his second appearance at Bayonne Municipal Court on May 9, 2013 at 9:00 A.M.

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 LOCATION for DHSS medical marijuana hearing Monday

FOR IMMEDIATE RELEASE 3/4/2011
The Coalition for Medical Marijuana New Jersey CMMNJ
www.cmmnj.org

CONTACT: Ken Wolski 609 394 2137 ohamkrw@aol.com

NOTE – New location for DHSS medical marijuana hearing

The NJ Department of Health and Senior Services (DHSS) has scheduled a public hearing on the proposed regulations for the state medical cannabis program.

The Coalition for Medical Marijuana New Jersey (CMMNJ) will be in attendance.

DATE: Monday, March 7, 2011

TIME: 10:00 A.M. and 12:00 P.M.

*NOTE NEW LOCATION:
New Jersey War Memorial – Delaware River Room
1 Memorial Drive
Trenton, New Jersey 08608

CMMNJ considers the current regulations to be unworkable and outside the intent of the compassionate use law.

Volunteers including New Jersey residents with serious medical conditions, physicians, policy experts and scientists are expected to participate in the hearing.

CMMNJ has a permit to hold a brief press conference at the War Memorial front steps following the hearings.

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

Charges dropped against NJ medical marijuana patient; Christie’s broken promise

FOR IMMEDIATE RELEASE 2/28/2011
The Coalition for Medical Marijuana New Jersey (CMMNJ)
www.cmmnj.org

CONTACT: 609 394 2137, media@cmmnj.org

Charges dropped against NJ medical marijuana patient; Christie’s broken promise

Following the prosecutor’s recommendation a judge has dismissed minor marijuana possession charges against a resident waiting to register for the medical cannabis program. David Barnes has his doctor’s support in explaining to law enforcement that his cannabis use was for legitimate medical purposes. Authorities agreed to put the case on hold nearly one year ago so that Barnes could register.

But the special ID cards have not been issued because of continued delays in implementing the compassionate use law. In September 2010 Barnes attended a town hall meeting with Governor Chris Christie to try to find out when he could resolve his case.

Barnes: “I come here today to make a request of you…it’s an either/or request: either A) Require the Department of Health and Senior Services to issue the patient registry cards on October 1st or October 15th, which is the end of the delay that the Legislature gave them 3 months ago. Or barring that I’d like to see an Executive Order come out of your office barring the prosecution of people like me; when I leave my house I carry letters from my doctors attesting to the fact that I am a qualified patient under the NJ compassionate use law.”

Governor Christie’s reply: “Thank you first of all really for the cogent and respectful way you presented the issue. Um, fact is that in October I think we’re going to be ready to do what you’re talking about.”

Christie went on to explain the delays already holding up the program last fall but then added: “I said during the campaign that I favored people being able to use marijuana for a legitimate medical purpose …and that’s what I want to make sure is available…that the compassionate use is really a compassionate use. So I think you can tell the judge when you see him that you’ll have your card in October. So give us the deference we need for the statutes and you should be able to get those charges dismissed…and lastly I wish you the best in terms of your health because that’s what all this is about.”

NJN captured the entire exchange between David Barnes and Chris Christie, the video can be seen on YouTube: http://www.youtube.com/watch?v=2k2V2HOoGbY

As of Feb 28, 2011 not a single patient has been registered for the medical marijuana program in New Jersey.

Barnes reported to the Coalition for Medical Marijuana New Jersey (CMMNJ) that his charges were dismissed last week.

“Justice was truly served by the prosecutor and the judge, who agreed that it did not serve the interests of the State or the ends of justice to continue prosecuting a qualified patient, while policy suffers delay at the hands of politics in Trenton,” he said in an email yesterday.

Allan Marain Esq. of New Brunswick, attorney for Mr. Barnes, issued this statement today.

“I lament that David had to be arrested and endure this legal nightmare. During his gubernatorial campaign Chris Christie stated that he supported medical marijuana. It was that statement of support that helped him become governor. Now, comfortably in office, he turns a deaf ear to the sick and the dying while hypocritically continuing to mouth his support.”

NJ DHSS: Twenty applications for medical marijuana ATCs

2/14/2011 - 5:00PM ET- by Chris Goldstein

The New Jersey Department of Health and Senior Services (DHSS) reported this afternoon that twenty (20) applications were received to operate medical marijuana Alternative Treatment Center (ATC) sites.

The deadline for applications was 4:30PM ET today, 2/14/2011.

A DHSS representative said that the ATC applications will be "reviewed for completeness" and then the applications will be considered public documents.

DPA- New Jersey: Important Updates re NJ's Medical Marijuana Program

The Drug Policy Alliance is one of the nation's strongest reform groups and the DPA New Jersey office has been instrumental in the medical marijuana effort. DPA-NJ issued this concise email today looking at recent developments for the medical cannabis law.

Dear Compassionate Use Campaign Supporters,

Please be advised of the following important updates:

1) REMINDER: The Department of Health and Seniors Services (DHSS) issued a Request for Applications (RFA) to operate and Alternative Treatment Center on Jan. 17^th and applications are due next Monday, Feb. 14^th. DHSS updated the RFA on Feb. 3^rd and the new RFA can be downloaded on the state’s Medicinal Marijuana Program’s website at: http://www.state.nj.us/health/med_marijuana.shtml

a. Please note the most substantive change to the RFA is regarding “Criterion 4: Dispensary specific considerations, Measure 5” (see text below concerning Medical Advisory Board)

i. The applicant shall submit a description of its Medical Advisory Board, including by-laws, setting forth the names and expertise of its members and describing how it will function within the organizational structure of the ATC, consistent with the Rules Related to the Medicinal Marijuana Program. For purposes of this requirement, it is not necessary for the applicant to provide the name of the Medical Advisory Board member who is a registered qualifying patient.

b. DHSS has posted new information on their website including a Frequently Asked Questions section for Alternative Treatment Center applicants, which can be accessed at: http://www.state.nj.us/health/med_marijuana.shtml. It’s important to frequently monitor this site on your own as the state is using this avenue as a means of communicating with the public and announcing updates and/or changes to the program and corresponding documents.

2) DHSS also updated the proposed medical marijuana regulations on Feb. 3^rd and the new rules can be downloaded on the state’s Medicinal Marijuana Program’s website at: http://www.state.nj.us/health/med_marijuana.shtml

a. Please note, the proposed new rules differ from the rules published in the NJ Register back in Nov. by providing for 6 alternative treatment centers (ATCs) that cultivate and dispense medicinal marijuana, combining the separate application processes for cultivating and dispensing permits into one application for an ATC permit, prohibiting ATC satellite dispensing locations, prohibiting home delivery, and only requiring that the medical conditions originally named in the Compassionate Use Act be resistant to conventional medical therapy in order to qualify as debilitating medical conditions for purposes of a patient obtaining a registry identification card. In addition, the proposed new rules establish a definition for the term, “medical advisory board” to further define this requirement (see definition below).

i. “Medical advisory board” means a five member panel appointed by the ATC for the purpose of providing advice to the ATC on all aspects of its business. The medical advisory board shall:

1. Be comprised of three New Jersey licensed health care professionals, at least one of whom shall be a physician; one patient registered with the ATC; and, one business owner from the same region as the ATC.

i. No ATC owners, employees, officers, or board members shall serve on the medical advisory board.

2. Meet at least two times per calendar year.

3) The Department of Health and Senior Services (the entity responsible for drafting the medical marijuana regulations) has scheduled a public hearing on the proposed new rules which will be held between 10:00 A.M. and 12:00 P.M. on Monday, March 7, 2011 at the following address:

New Jersey Department of Health and Senior Services

First Floor Auditorium

Health and Agriculture Building

369 South Warren Street (at Market Street )

Trenton, New Jersey 08608

Please let me know if you are available on March 7^th and planning to testify before the department. Many of you have previously mailed in written comments to the department, but orally presenting your feedback on the rules would be most beneficial.

As always, I will keep you updated as things progress. Thanks for all that you do!

Best,

Meagan

Meagan Glaser | Policy Coordinator, New Jersey

Drug Policy Alliance

16 West Front Street , Suite 101A | Trenton , NJ 08608

Voice: 609.396.8613 | Fax: 609.396.9478

www.drugpolicy.org

Think the drug war is doing more harm than good? Join us!

DHSS schedules public hearing for medical marijuana rules

The Department of Health and Senior Services (DHSS) has scheduled a public hearing on the proposed medical marijuana regulations. 10:00 A.M. and 12:00 P.M. on Monday, March 7, 2011 at the following address: New Jersey Department of Health and Senior Services First Floor Auditorium Health and Agriculture Building 369 South Warren Street (at Market Street ) Trenton, New Jersey 08608 DHSS website: http://www.state.nj.us/health/med_marijuana.shtml

NJ: State responds to medical marijuana questions

by Chris Goldstein - The New Jersey Department of Health and Senior Services (DHSS) released new information regarding the applications to grow and distribute medical marijuana. Advocacy groups and potential business owners have been pressing DHSS to clarify several points about the process.

New DHSS section: Frequently Asked Questions -- Alternative Treatment Center Applicants

DHSS also updated the RFA document that must be completed and submitted with a $20,000 fee payment.

Link to pdf document : February 3, 2011 – Proposed New Rules for the Medicinal Marijuana Program

DHSS has not yet addressed the current legislative challenge that may invalidate all or part of the proposed regulations for the Medicinal Marijuana Program. If the legislature throws out the regulatory language relating to the requirements for ATCs, parts of the posted RFA could be inapplicable.

NJ DHSS Medicinal Marijuana Program website: http://www.state.nj.us/health/med_marijuana.shtml

Crohn's Disease patient Stephen Cuspilich NJ Senate testimony

NJ MS patient testifies before NJ Senate Jan 20, 2011

Medical marijuana testimony planned at the Trenton, NJ State House on 1/20/11

FOR IMMEDIATE RELEASE 1/19/2011
For more info, contact: Ken @ (609) 394-2137

Medical marijuana testimony planned at the Trenton, NJ State House on 1/20/11

WHO: Patients, medical marijuana advocates and potential Alternative Treatment Centers operators
WHAT: Plan to testify about the medical marijuana rules
WHEN: January 20, 2011 at 12:00 PM
WHERE: Trenton, NJ State House Annex Room #1
WHY: To protest the proposed rules from the DHSS and the Board of Medical Examiners

On Thursday, January 20, 2011 at 12:00 PM New Jersey medical marijuana advocates plan to testify at a Senate Health Committee hearing that will be held in Committee Room #1 in the State House Annex in Trenton, NJ. Doctors, nurses, patients, and potential Alternative Treatment Centers operators as well as other supporters of the New Jersey Compassionate Use Medical Marijuana Act will address the revised rules to implement the Medicinal Marijuana Program from the Health Department (DHSS).

Spoken testimony is limited to 3 minutes per person and written testimony must be submitted with 18 copies.

Advocates and press are invited to meet in the Multi-Purpose Room in the Welcome Center of the State House Annex, which has been reserved for this purpose on January 20th from 11 AM to 4 PM.

The Coalition for Medical Marijuana--New Jersey has submitted an extensive comment on and critique of the revised rules from the DHSS. CMMNJ contends that “the people of this State cannot rely on DHSS to craft reasonable regulations to ensure safe and adequate access to medical marijuana. In its misguided efforts all DHSS has done is ensure that patients will be driven to the illegal drug market. This is exactly opposite to the basic goal of the law. Patients requiring effective marijuana, to which they are entitled under the Act, simply cannot expect to obtain it under these (rules). Thus, they must again choose between continued suffering or the commission of a crime to alleviate their suffering.”

CMMNJ is calling on the New Jersey State Legislature to rewrite these rules to ensure timely access to affordable, medical grade marijuana to qualified patients in a safe and secure manner.

CMMNJ was formed in 2003, is incorporated in New Jersey and is recognized as a 501(c)(3) by the federal government.

CMMNJ is the only statewide organization solely dedicated to providing education and information about safe and legal access to medical marijuana, and it has closely followed the law’s evolution and patients’ concerns.

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

Additional contact for further information: Chris Goldstein: media@cmmnj.org

NJ voters continue strong medical marijuana support

Poll shows NJ voters continue strong medical marijuana support

12/22/10 by Chris Goldstein - New Jersey residents continued to resoundingly support legal access to medical marijuana according to data released by The Quinnipiac University Polling Institute yesterday. The extensive poll largely concerned opinions held about Governor Chris Christie, the Legislature and other politicians. But some issues were also put to 1, 276 registered NJ voters, including medical marijuana.

Regardless of age, ethnicity, gender or political affiliation the people of New Jersey support the rights of seriously ill individuals having legal access to cannabis at a 76% overall total. However, the poll did not ask about the current debate over the regulations for the medical marijuana program.

READ FULL ARTICLE

Senate votes to re-evaluate medical marijuana rules

FOR IMMEDIATE RELEASE 12/13/2010

The Coalition for Medical Marijuana New Jersey CMMNJ

www.cmmnj.org

CONTACT: Ken Wolski 609 394 2137 ohamkrw@aol.com

Chris Goldstein media@cmmnj.org

Senate votes to re-evaluate medical marijuana rules

Today the New Jersey state Senate passed resolution ACR 151/SCR 130 by a vote of 22 to 16.

The entire legislature has now agreed that Governor Christie's proposed rules are outside the intent of the law. The Assembly passed the resolution on November 22nd.

CMMNJ is pleased that the New Jersey Legislature heard the concerns of severely ill residents in the continued fight for fair and legal access to marijuana. The vote today sends a strong message to the Department of Health and Senior Services (DHSS) as well as Governor Christie that officials need to craft more reasonable rules for the medical cannabis program. This can only be accomplished by engaging in a transparent process that involves patients and advocates.

Now that the resolution has passed in the Senate and the Assembly there is a 30-day window for DHSS to re-write the regulations.

If the re-write is not accomplished or not crafted to the approval of the legislature then either house may call a public hearing on the medical marijuana regulations. The transcript of those hearings would be placed on the desk of all legislators for consideration on how to proceed.

CMMNJ hopes that Governor Christie is sincere in his effort to bring legal cannabis to qualifying NJ residents as soon as possible rather than continuing a protracted effort to alter the law.

More info is at www.cmmnj.org

CONTACT: Ken Wolski 609 394 2137 ohamkrw@aol.com

Chris Goldstein media@cmmnj.org

CMMNJ is the only tax-exempt 501c3 non-profit in New Jersey whose mission is to educate the public about the benefits of medical marijuana.

Watch the NJ Senate live stream today

This is a link to watch the NJ Senate session today

The resolution is ACR 151/ SCR 130

http://www.njleg.state.nj.us/media/live_audio.asp

ALERT - Gov. Christie cancels medical marijuana hearing

FOR IMMEDIATE RELEASE 12/3/2010
The Coalition for Medical Marijuana New Jersey CMMNJ
www.cmmnj.org

CONTACT: Ken Wolski 609 394 2137 ohamkrw@aol.com

UPDATE: - Gov. Christie cancels medical marijuana hearing at War Memorial
- CMMNJ press conference also canceled

CMMNJ comments on the Governor’s Medical Marijuana "compromise" and cancellation of the DHSS Public Hearing from executive director Ken Wolski:

CMMNJ is glad to see that the Governor is trying to craft regulations that are more closely in line with the Compassionate Use Medical Marijuana Act, but much work remains to be done.

We are glad that the ATC’s will be the way the law intended them to be. But this can hardly be considered a compromise—the law was quite clear that all ATCs should be responsible for cultivation, processing and distribution of medical marijuana. The rules still regulate ATCs more strictly than full service pharmacies are regulated, and this is inappropriate.

Similarly, the rules should never have required physicians to include a statement that each and every patient “has not responded to conventional medical treatment.” We are glad that the rules are returning to the language of the law, which currently requires only a few diagnoses to be resistant to conventional treatment in order to qualify for marijuana therapy.

Patients and advocates still have a number of serious concerns and strenuous objections to many provisions in these deeply flawed proposals which are not only contrary to law but which will only serve to further harm already suffering people.

* The 10% cap on THC is arbitrary, capricious and inappropriate.

* The law calls for a patient registry. It does not require physicians to register in order to certify that patients have a qualifying condition. This registration process is unnecessary, outside the scope of the law and will have a chilling effect on the program.

* The DHSS has said on their web site for months that pain patients would be included in the law. Now they have restricted chronic pain eligibility only to cancer and AIDS patients. Gov. Christie misinformed Pat Layton of Cape May Court House this past August. Ms Layton asked the governor about the availability of medical marijuana because she suffers from back pain due to nerve damage. Layton said the governor told her that medical marijuana would be available for people with the kind of pain she experiences. But it won’t be. The DHSS, despite its power to add qualifying conditions to the law at any time, states patients must suffer, at a minimum, until October 2013 before the DHSS will even consider accepting petitions to add qualifying conditions. Tens of thousands of New Jersey pain patients who have waited for the Compassionate Use Act to take effect will now find that the very law that was passed to protect them and provide them relief does still not protect them.

* The DHSS says, “…the Act finds and declares that marijuana has beneficial uses in treating or alleviating pain or other symptoms associated with certain debilitating medical conditions.” Yet the DHSS continues to require physicians to attest that they “have provided education for the patient on the lack of scientific consensus for the use of medical marijuana.”

* Governor Christie has said that he will not permit a “relaxation” of the regulations, and the entire DHSS staff is following his lead. Medical decisions about this program are being made not in the realm of science but in the realm of politics. The Health Department should function for public health, not a political agenda.

* DHSS clearly recognizes specific medical uses for marijuana and proposes a program for the safe delivery of marijuana to patients. It should not delay for even a moment the rescheduling of marijuana from a Schedule I drug to a more appropriate schedule. The New Jersey Controlled Dangerous Substances Act, (N.J.S.A. 24:21-2) defines a Schedule I drug as one that “has no accepted medical use in treatment in the United States; or lacks accepted safety for use in treatment under medical supervision.”

Patients and advocates have worked hard for many years to get this law passed. They should expect reasonable regulations to enact the Compassionate Use Medical Marijuana law that are not overly burdensome and unnecessary.

CONTACT: Ken Wolski ohamkrw@aol.com 609 394 2137

www.cmmnj.org

CMMNJ is the only tax-exempt 501c3 non-profit in New Jersey whose mission is to educate the public about the benefits of medical marijuana.

CMMNJ plans press conference at New Jersey medical marijuana hearings

FOR IMMEDIATE RELEASE 12/3/2010
The Coalition for Medical Marijuana New Jersey - CMMNJ
www.cmmnj.org

MEDIA NOTE: Location changed for public hearing

CONTACT: Ken Wolski 609 394 2137 ohamkrw@aol.com

CMMNJ plans press conference at New Jersey medical marijuana hearings

Trenton - The New Jersey Department of Health and Senior Services (DHSS) will hold a public hearing on the proposed regulations for the medical marijuana program next week. The hearing takes place Monday December 6, 2010 starting at 10:00AM. The location has been moved to the auditorium at the New Jersey War Memorial building in Trenton.

CMMNJ is planning a press conference at the War Memorial front steps at 12 noon with patients and advocates who will testify at the hearing.

Ken Wolski is a Registered Nurse and executive director of CMMNJ. He issued the following statement today:

“The rules from DHSS propose amendments to the medical marijuana law not merely regulations to enact it. Many of the new requirements are burdensome and unnecessary far exceeding the already restrictive language of the New Jersey Compassionate Use Medical Marijuana Act.

Governor Christie has said that he will not permit these rules to be revised, so we can only hope that the public comment period with the DHSS is not merely an exercise in futility. Ultimately the New Jersey Legislature needs to intervene to protect the integrity of our law and insist that these rules be revised.”

This summer the Christie Administration requested a 1-year delay in implementing the program. Instead, the Legislature granted an extra 90 days. Under the current time-line the medical marijuana program is supposed to become operational in January 2011.

In November both Assembly and Senate Committees forwarded a resolution that would force a re-evaluation of the proposed regulations. Strong patient testimony was featured at the committee hearings. The Assembly then passed the resolution ACR 151 in a floor vote. Senate voting is expected on 12/13.

The DHSS public hearing on Monday is just one part of the official public comment process for the medical marijuana regulations. Detailed written comments must be submitted via regular mail to various state departments for consideration by January 14, 2011.

CONTACT: Ken Wolski or Chris Goldstein, 609 394 2137

www.cmmnj.org

CMMNJ is the only tax-exempt 501c3 non-profit in New Jersey whose mission is to educate the public about the benefits of medical marijuana.

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