Compensation Solutions Blog » Medical Marijuana

New Jersey Governor Allows Medical Marijuana Law to Move Forward

Teresa DeSousa — Thu, 18 Aug 2011 16:59:54 +0000

Governor Chris Christie of New Jersey is allowing the state to implement its medical marijuana law, putting aside his concerns about possible federal prosecution.

In June, Gov. Christie said he wanted a blanket assurance from the U.S. Justice Department that it wouldn’t prosecute state-sanctioned marijuana programs before proceeding. This past spring, State Attorney General Paula Dow sent two letters to the Justice Department specifically asking whether state employees would be prosecuted.

In a memo directed to several states dated June 30, the Justice Department said that local federal prosecutors should not focus on patients and caregivers complying with state medical laws. Gov. Christie, relying also on his past experience as a prosecutor and on comments made in 2008 by then Presidential candidate Barack Obama, who said, in essences, that federal prosecutors had bigger fish to fry.

Former New Jersey Governor Jon Corzine signed the bill into law shortly before leaving office in 2010. New Jersey joins 15 other states and the District of Columbia in allowing the use of marijuana for medical purposes; however, New Jersey’s law is among the strictest in the nation. Only certain diseases can be treated, patients are allowed only 2 ounces every thirty (30) days. New Jersey’s law is also the only law right now that prohibits patients from growing their own crop at home.

So far, 92 physicians from 19 counties have registered to participate in the program, and six nonprofit centers were awarded license to grow and distribute marijuana.

New Jersey Becomes 14th State to Legalize Medical Marijuana

Teresa DeSousa — Wed, 13 Jan 2010 18:04:46 +0000

The New Jersey State Legislature approved a bill that would allow chronically ill patients to use marijuana for medical reasons. New Jersey becomes the 14^th state to pass the legislation. Governor Corzine has said he will sign the bill into law before he leaves office next week. Governor –Elect Christie, on the other hand, has expressed some reservations about it.

The law is more restrictive than other states; it allows doctors to prescribe marijuana only for a specific list of illnesses. It also prohibits individuals from growing marijuana on their own, and would be limited to two ounces of marijuana per month, purchased from state-monitored facilities. The State Department of Health would issue ID cards to patients allowing them to purchase marijuana.

The other states that allow the medical use of marijuana are Alaska, California, Colorado, Hawaii, Maine, Michigan, Montana, Nevada, New Mexico, Oregon, Rhode Island, Vermont and Washington.

Medical Marijuana Bill Pending in New Jersey; MS Sufferer to Stand Trial

Teresa DeSousa — Wed, 09 Dec 2009 18:02:18 +0000

The New Jersey legislature is considering the passage of New Jersey Compassionate Use Medical Marijuana Act, which would allow medical patients suffering from a debilitating disease or chronic illnesses that causes “wasting syndrome, severe or chronic pain, seizures and severe and persistent muscle spasms” to use marijuana to alleviate their symptoms. Patients would need to get a doctor’s recommendation and signoff from the state Department of Health and Senior Services to participate in the program and legally possess up to six plants and one ounce of marijuana. The legislation also provides for the creation of “compassion centers” that would grow and distribute marijuana to patients. (See http://www.jointogether.org/news/headlines/inthenews/2008/new-jersey-medical-marijuana.html). The bill has been endorsed by the New Jersey Academy of Family Physicians and the New Jersey State Nurses Association.

Governor Corzine has said he would sign the legislation if passed, but it has not yet been brought to the floor for a vote. Governor-Elect Christie is generally supportive of the bill but has some concerns that it did not contain enough restrictions.

In the meantime, John Ray Wilson, a New Jersey resident and MS sufferer, is scheduled to stand trial this month on felony drug charges stemming from the discovery of 17 marijuana plants he was growing alongside his home. He entered a not guilty plea and is now facing a 20-year prison sentence if convicted. The judge in the case ruled that he cannot use as a defense his explanation that he uses marijuana for his condition since he does not have health insurance and cannot afford conventional medicine and treatment.

U.S. Won’t Prosecute In States Where Medical Marijuana Use is Legal

Teresa DeSousa — Mon, 02 Nov 2009 15:29:57 +0000

The New York Times reported that the federal government will not pursue charges against individuals or suppliers for medical marijuana use in those states that allow it (“U.S. Won’t Prosecute in States that Allow Medical Marijuana,” New York Times, October 19, 2009). The states in which medical use of marijuana is legal are Alaska, California, Colorado, Hawaii, Maine, Maryland, Michigan, Montana, Nevada, New Mexico, Oregon, Rhode Island, Vermont and Washington.

According to a Department of Justice memo, (see http://www.justice.gov/opa/documents/medical-marijuana.pdf), individuals and suppliers must be “in clear and unambiguous compliance with existing state laws providing for the medical use of marijuana.” When other circumstances are present, such as violence, unlawful possession or use of firearms or ties to criminal enterprises, a federal prosecution may be warranted.