State & Local Legislatures

DRUG POLICY ALLIANCE

www.drugpolicy.org

FOR IMMEDIATE RELEASE: December 13, 2010                                   

CONTACT: Roseanne Scotti 609-610-8243                                                                    

New Jersey State Senate Passes Resolution Invalidating Medical Marijuana Regulations

Department of Health and Senior Services Now Has Thirty Days to Rewrite Regulations

Patients and Advocates Urge Health Department to Act Quickly So Program Can Move Forward

Trenton, NJ— Today, the New Jersey State Senate passed a resolution invalidating the Christie Administration’s regulations for implementing the Compassionate Use Medical Marijuana Act.  The Department of Health and Senior Services now has thirty days to rewrite the regulations to make them comport with the original legislation.  The New Jersey State Assembly passed the resolution on November 22^nd.

The Compassionate Use Medical Marijuana Act was signed into law on January 11^th by outgoing Governor Jon Corzine. The Christie Administration released its draft regulations in October, but legislative sponsors, patients and advocates have criticized the regulations for conflicting with the original law and being so restrictive that they make the program unworkable.  In light of the vote, patients and advocates urge the Christie Administration to move quickly to make changes to the regulations and get the program up and running.

“We urge the Department to move swiftly to change the problematic sections of the regulations,” said Roseanne Scotti, Director of Drug Policy Alliance New Jersey, which spearheaded the effort to pass the legislation.  “We are approaching the one year anniversary of the bill becoming law and patients are still suffering and still no closer to having safe and legal access to their medicine.”

“I’m tired of fighting for what I deserve,” said Diane Riportella, who suffers from ALS (also known as Lou Gehrig’s Disease).  “I don’t have much time left and want to see this program started before I’m no longer here.” 

The Compassionate Use Medical Marijuana Act was passed after five years of intense advocacy by patients, families and a coalition of medical and professional organization.  The Act will allow patients suffering from certain debilitating and life-threatening illnesses such as cancer, HIV/AIDS, and multiple sclerosis to use and possess medical marijuana with a doctor’s recommendation.  The bill will also allow for the licensing of Alternative Treatment Centers where qualifying patients could safely access medical marijuana.  The program will be administered by the New Jersey Department of Health and Senior Services. The Act is the most restrictive medical marijuana law in the nation.

The Senate resolution addresses four specific provisions in the regulations:

·         The requirement all qualifying medical conditions for which a patient may get medical marijuana be resistant to conventional medical therapy.  In the original legislation only certain medical conditions were required to meet this threshold.

·         The limit of two Alternative Treatment Centers that will grow medical marijuana and four that will dispense marijuana.  The original bill called for at least two Alternative Treatment Centers in the north, central and southern parts of the state.

·         The draft regulations’ arbitrary limit on the permissible levels of THC the medical marijuana may contain.  There was no such restriction in the original bill.

·         The two year waiting period mandated by the regulations before patients can petition to have new conditions added to the list of conditions for which medical marijuana can be accessed.  No such waiting period was included in the original legislation.

The Compassionate Use Medical Marijuana Act is supported by a coalition of organizations including the Drug Policy Alliance New Jersey, the New Jersey Academy of Family Physicians, the New Jersey League for Nursing, the American Civil Liberties Union of New Jersey, the New Jersey State Nurses Association, the New Jersey chapters of the Leukemia and Lymphoma Society, Faith is Our Pathway, and the New Jersey Hospice and Palliative Care Organization. 

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CONTACT: Rep. Jason Lorber, 802-863-9429 or [email protected]

New Data: Pursuit of Misdemeanor Marijuana Possession

Costs Vermont Over $700K Annually

Rep. Lorber Calls for Decriminalization

Burlington, VT – Dec. 9, 2010 – New data unveiled today shows that Vermont state government spends over $700,000 annually to pursue Vermonters for possession of small amounts of marijuana. 

Based on the new findings, Rep. Jason Lorber (D-Burlington) today announced plans to introduce a bill that would decriminalize the possession of less than one ounce of marijuana.

“We should stop wasting $700,000 a year on a failed policy,” said Rep. Lorber. “It’s time for a smarter approach.  That means decriminalization for an ounce or less of marijuana.”

“In a time of great fiscal strain, it is critical that we focus law enforcement resources on offenses that pose the greatest threats to public safety,” said Windsor County State’s Attorney, Robert Sand. “Possession of small amounts of marijuana does not fall into this category. Converting misdemeanor marijuana crimes into civil violations is an appropriate and laudatory legislative endeavor.”

Today’s announcement follows the release of a memo written for Rep. Lorber by the non-partisan Vermont Legislative Joint Fiscal Office (JFO).  The report detailed costs totaling $716,021, broken into categories of Police ($45,257), State’s Attorneys ($10,429), Defender General ($19,768), Court Diversion ($169,500), Judiciary ($105,344), and Corrections ($365,725).  It involves 801 arrests, 76 Vermonters serving time behind bars, and 270 on field supervision.  JFO estimates that the true costs could be 20% more or less than the $716,021 figure.  The study focused on cases in which possession of up to 2 ounces of marijuana was a stand-alone charge.

Strong Support for Decriminalization in Vermont and Nationally

Marijuana has been decriminalized in 13 states, including New York, Maine, and Massachusetts. A 2009 Mason-Dixon poll of registered voters in Vermont showed over 2-to-1 support for marijuana decriminalization, with 63% in support, 27% opposed, and 10% undecided

“Decriminalization is different from legalization,” Lorber was quick to point out. “I am crafting a bill that would keep it illegal to sell or use marijuana, and not change the penalty for driving under the influence. This would simply change the penalty for possession of up to an ounce of marijuana to a civil, rather than criminal offense. It would be a ticket, not jail time.”

This news follows an August 2010 panel discussion in which Rep. Lorber and then-gubernatorial candidate Peter Shumlin called for decriminalization of possession of under an ounce of marijuana.

Rep. Lorber has served in the Vermont House of Representatives since 2005.  He co-authored sweeping legislation called “Justice Reinvestment,” which reduces prison costs while improving safety by finding less costly and more effective alternatives to prison.  In 2005, he authored a 42-page report “53 Voices on Corrections in Vermont” chronicling the stresses placed on the Department of Corrections by overcrowding. 

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