Freedom Is Green

7/25/2011 – Praise continues this week for NJ Governor Chris Christie’s decision to follow the compassionate use law and the state constitution, ending another delay for the medical cannabis program. Six Alternative Treatment Centers (ATCs) will now move forward with operations. But the type of system being attempted is an entirely new animal and the regulations have not been finalized.

Shunning the holistic approach to therapeutic marijuana, the Christie Administration has sanctioned a centralized “medical model” with severe limitations compared to other states. The result of this narrow scope may not be exactly what patients had in mind when they envisioned access.

Medical cannabis in the Garden State will not be served from glass cases that house nine strains of Indica buds or from shelves of carefully frosted cupcakes and brownies. Instead it will likely be served over a counter that looks exactly like a pharmacy in pill bottles full of homogenized, ground-up plant matter.

There are two levels of unique restrictions, first is the compassionate law itself: New Jersey legislators allowed the shortest list of qualifying medical conditions in the country, a monthly supply of just two ounces and cut out home cultivation. Last minute language also limited cannabis products to lozenges, topical creams and raw material.

The proposed rules from the Christie Administration are the next level. They created the nation’s first mandatory cannabis doctor registry, capped THC content at 10 percent and would stop the six ATCs from home delivery or growing more than three strains. Those are just the highlights.

The full regulations, over 100 pages of them, are so bad that they could hamstring the program. The executive suspension/un-suspension has overshadowed this important part of the process.

Patients have spent the last year testifying against the rules before committees at the Senate, Assembly and even the Department of Health and Human Services (DHSS). Physicians and potential ATC operators (even some of the winners) also criticized the worst of the new restrictions.

Hearing those concerns, the Legislature passed new resolutions with bi-partisan support. Stating that the regulations violated the true intent of the compassionate use law elected officials began a rare process to invalidate them.

The winning ATC proposals already conform to the draconian rules. The ATCs are led by political players from both parties teamed up with hand-picked executives from top-tier medical and pharmaceutical institutions. Big names drip from the resumes: Pfizer, Rutgers University, The Robert Wood Johnson Foundation, George Washington University Cancer Center, The National Transportation Safety Board.

The New Jersey ATCs are the best funded, most politically connected medical marijuana operations in America. Most of the NJ ATCs plan to spend tens of millions of dollars researching the plant and its component cannabinoids. Qualifying patients are not considered customers but are treated more like doctor-ordered participants in some sort of advanced medical experiment.

But even the ATCs want the limitations lifted on THC potency and plant variations. Right now DHSS could change the rules voluntarily or the Legislature could continue in their resolve to force a re-write. Presumably, some action must be taken in order for the ATCs to proceed as expeditiously as Gov. Christie is now directing.

Gov. Christie Allows Medical Marijuana, Regulations Still Need Work

Trenton – NJ Governor Chris Christie held a press conference on July 19, 2011 to address the status of the Compassionate Use Medical Marijuana Act. He has decided to reverse his suspension of the program and allow six Alternative Treatment Centers to move ahead with their operations.

After discussing the various intersections or conflicts between state and federal laws Christie said, “I have instructed the Commissioner of Health to move forward as expeditiously as possible to implement the [program].”

VIDEO: http://www.livestream.com/governorchrischristie/video?clipId=pla_a1a6bf2e-1630-4282-bb87-f28f93e72f9a&utm_source=lslibrary&utm_medium=ui-thumb

“We are happy that the governor is moving forward with the medicinal marijuana program,” said Ken Wolski, a registered nurse and executive director of the Coalition for Medical Marijuana New Jersey (CMMNJ). “Patients have suffered too long waiting for this,” said Wolski, “In thousands of cases patients in NJ have already died without the improvement in quality of life and relief of suffering that marijuana can bring.”

CMMNJ remains focused on a final set of rules for the program that will be workable. “We still have a number of concerns about the regulations put out by the DHSS for this program,” Wolski said, “The physician registry is unnecessary and will disqualify numerous patients.  Plus the cap on THC level is arbitrary and home delivery is not being permitted. These are all roadblocks to patient access that we hope the Christie Administration will reconsider.”

Some of the ATCs have expressed the same concerns. http://newyork.cbslocal.com/2011/03/07/nj-to-hold-hearing-on-medical-marijuana-rules/

Seriously ill New Jersey residents who would qualify under the law expressed surprise and measured hope at the governor’s change in rhetoric.

Jay Lassiter lives with HIV and has testified for better regulations in Trenton, “This is a small step in the right direction for New Jersey and I’m glad that Governor Christie has finally discovered a sense of urgency to help New Jersey residents with cancer and AIDS. I look forward to the day when I won’t be a criminal just for taking medical cannabis.”

Charles Kwiatkowski, a father of three, lives with multiple sclerosis and has been one of the most visible patient advocates in New Jersey. “It’s good and bad…all the restrictions,” Kwiatkowski said today. “But, I’ll believe it when I see it. So far it has been a really long, painful wait.”

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8/24/2011 – John Ray Wilson was taken into custody today at the Somerset County Courthouse. He will begin serving a 5-year prison sentence. The 38-year-old MS patient was found with seventeen cannabis plants in 2008.  After serving five weeks in prison in 2010, Wilson was allowed to remain with his family pending an appeal. The NJ Appellate Division upheld his conviction and sentence in late July. Wilson appeared before Superior Court Judge Angela Borkowski in a hearing today to consider a continuation of his bail.

Judge Borkowski ruled that her court was not an appropriate jurisdiction to deviate from the trial decision and appellate court affirmation. Any bail appeal should be made to the Appellate Division. Wilson’s attorney, William Buckman of Moorestown, said that he will file for bail immediately.

During the brief hearing the prosecutor, Deputy Attorney General Russell Curley, argued that Wilson should begin serving his sentence today. The judge agreed. John was taken into custody in the courtroom and is currently being held at the Somerset County jail.

“We think that the appellate decision is misguided,” said Wilson’s attorney William Buckman, “we are hoping that the Supreme Court will set the record straight that New Jersey doesn’t want to put sick people or simple individual marijuana users into prison at the cost of $35,000 a year.”

Buckman has filed a notice of petition to the Supreme Court to appeal the “manufacturing” conviction. The Appellate Division ruled that there was no consideration that the cannabis plants were only for Wilson’s “personal” use.

Ken Wolski, executive director of the Coalition for Medical Marijuana New Jersey (CMMNJ) was in the courtroom today.

“CMMNJ is still hopeful there is a chance for justice in the state Supreme Court. But we are very disappointed that John is back in jail.”

Chris Goldstein is a respected marijuana reform advocate. As a writer and radio broadcaster he has been covering cannabis news for over a decade. Questions?  [email protected]

8/9/2011 – John Ray Wilson is saying goodbye to his family. The 38 year old man lives with multiple sclerosis and without healthcare. Last month an appellate court ruled to uphold his 2010 conviction for “manufacturing” marijuana. He is now living in limbo as a judge considers his bail during a final appeal to the state Supreme Court. John may have to begin serving a 5-year prison sentence any day.

Wilson grew seventeen cannabis plants in the backyard of his Franklin Township home.  This was an effort to treat his condition. His trial in 2009/2010 took place at the same time as the final debates over the compassionate use act in the NJ legislature. Supporters demonstrated in front of the Somerville Courthouse. But the law was too late for John Wilson. 

John was never allowed to mention that he had MS or that he was growing for his own medical necessity. The state threw every heavy book they had at him. They attempted to convict on the first degree felony of “Operating and Maintaining a Controlled Dangerous Substance Manufacturing Facility.” This was a law designed for crack, meth and heroine processing mainly in urban environments.  A first degree felony would carry a mandatory minimum of 15 years in prison.

Multiple sclerosis is one of the few approved conditions under the NJ medical marijuana law. Dr. Denis Petro, a neurologist who testified before the legislature, was ready to offer expert testimony at Wilson’s trial about the unique benefits of cannabis on MS. But Petro and other experts were never allowed.

Medical quality marijuana is expensive on the underground market, $300-$500 per ounce. Home cultivation by medical marijuana patients is allowed in 14 of the 16 states with compassionate use laws. It is certainly a safe and economical way to find relief. Unless a helicopter comes hovering over.

When the NJ State Police Marijuana Eradication Unit arrived at his residence John was up front with officers and detectives. When they were called to the stand, the NJ State Police officers could not recall those conversations in the hours they spent sitting with John at a picnic table in his backyard.

I was in the courtroom the day John took the stand in his own defense. There was significant media attention on the trial from television and newspapers. The jury may have been aware of the reporters or the medical marijuana demonstrators holding signs in front of the courthouse each day. On December 17, 2009 the jury heard MS mentioned officially in the trial for the first time. Here’s my report from that day:

It was honest and sincere; it was the truth. On the stand in his own defense, John Wilson was allowed to tell the jury that he has Multiple Sclerosis.

“I told them I was not a drug dealer and I was using the marijuana to treat my MS.” John had been asked what he said to the State Police officers who arrived to investigate the 17 cannabis plants spotted by helicopter.

It seems Wilson has been truthful with law enforcement authorities about his intentions regarding the medical use of his marijuana from their first contact with him.

NBC 4 in NY was in the courtroom and correctly called the single-sentence event a “Stunning Reversal at Medical Marijuana Trial.” read full

In the end John was convicted on the second-degree felony of “manufacturing marijuana” as well as a third-degree felony for less than gram of psilocybin.

He was taken into custody for five weeks last spring, but was since allowed to remain with his family on bail. His appeal stated that he grew the cannabis for personal use. Under New Jersey law marijuana possession cases can often have the distribution charges removed if the person claims all of the pot was for personal use.

Because of the archaic terminology of “manufacturing” applied to cultivating marijuana, the appellate court ruled there could be no “personal use” defense applied.

The next step is an appeal to the NJ Supreme Court.

NJ Senators Raymond Lesniak and Nicholas Scutari both called on then-Governor Jon Corzine to pardon Wilson but to no avail. A similar petition will be made to Governor Chris Christie.

Like millions of working class Americans the Wilson family is struggling with a variety of serious health care costs.

John’s younger brother Kenny is a developmentally disabled adult bound to a wheelchair.  His grandmother endures the many burdens of aging. Even with the MS, John is still the healthier one and spends his days helping his family.  Working from home on an eBay store with his mom, John tries to make ends meet.

On the other side of his prison sentence Wilson hopes to be part of New Jersey’s medical marijuana program. But he may still face some hurdles. First the program is not yet running. More ominous is the real possibility that if John is granted parole he will face regular, mandatory drug testing. There is no medical marijuana exception to these probation and parole rules.

The approved operators of the first six medical cannabis Alternative Treatment Centers have been given a mandate by Governor Chris Christie to expedite their start-up. With millions of dollars in funding and top-level executives the ATCs are preparing to farm hundreds, even thousands of cannabis plants soon.

John Ray Wilson waits patiently yet has a great pressure on him each day. He is hopeful for the further appeal but has resigned himself to being separated from his family. John has prepared, as best as he can, to serve a prison term for growing the same medicine now regulated by the state.

There is a Facebook support page for John here

More about the John Wilson trial http://www.examiner.com/john-wilson-trial-in-philadelphia

Chris Goldstein is a respected marijuana reform advocate. As a writer and radio broadcaster he has been covering cannabis news for over a decade. Questions?  [email protected]

8/16/2011 – Criminal defense attorney William Buckman of Moorestown, NJ has filed an appeal to the state’s highest court for John Ray Wilson. The 38 year old man was convicted on the second-degree felony of “manufacturing” marijuana for growing seventeen cannabis plants.  Last month an appellate court upheld Wilson’s 5-year prison sentence, saying that he could not claim that the plants were for “personal” use.

John Wilson lives without healthcare and battles the symptoms of multiple sclerosis. His conviction in January 2010 came just as the Garden State’s compassionate use law was passed. However, it was the first medical marijuana law in the country that continues to prohibit home cultivation.

In a press release today Buckman said, “New Jersey already has some of the most draconian laws in the nation with respect to marijuana, costing taxpayers outrageous sums to incarcerate nonviolent, otherwise responsible individuals- as well as in this case — the sick and infirm.”

Local cannabis advocates have supported John, demonstrating in front of the Somerset County Courthouse throughout his trial.

Ken Wolski, the Executive Director of the Coalition for Medical Marijuana New Jersey said, “This case has shocked the conscience of the community. Wilson was unable to present his only defense to the jury-that he used cannabis to treat his multiple sclerosis (MS).”

NJ Governor Chris Christie lifted his suspension of the medical marijuana program in July. But the six Alternative Treatment Centers are not likely to open until 2012. The ATCs have millions of dollars in backing from powerful groups of investors.  They will farm thousands of cannabis plants and the sell the products to registered patients, including those with MS.

Wolski pointed out, “These ATCs were not available to John in 2008. Cultivation was the only way that he could afford to gain access. We hope that the Supreme Court will provide justice in this case.”

During his trial, Wilson testified that he told the NJ State Police that he was going to keep all of the marijuana. Wilson also described his medical condition to officers as they searched his home.

Bill Buckman is a member of the national NORML Legal Committee and the immediate past president of the NJ Association of Criminal Defense Lawyers. He is a fierce trial lawyer who won a landmark case against the NJ State Police surrounding the the issue of racial profiling in traffic stops.

“As it stands, the case now allows a person who grows marijuana to be exposed to up to 20 years in jail, even if that marijuana is strictly for his or her own medical use,” said Buckman, “No fair reading of the law would ever sanction this result.”

Chris Goldstein is a respected marijuana reform advocate. As a writer and radio broadcaster he has been covering cannabis news for over a decade. Questions?  [email protected]

5/26/2011 – State Senator Nicholas Scutari (D-Linden) introduced SCR 120 today, a resolution that “Urges the Governor to support and advocate for passage of federal ‘Medical Marijuana Patient Protection Act.’” The move in Trenton comes just one day after the federal legislation was re-introduced in Congress.

The bi-partisan co-sponsors of the federal bill issued a press release on May 25th describing the intent:

The States’ Medical Marijuana Patient Protection Act, authored by Frank and co-sponsored by Stark, Polis and Rohrabacher, would make individuals and entities immune to federal prosecution when acting in compliance with state medical marijuana laws. It would also direct the administration to initiate the process of rescheduling marijuana under the Controlled Substances Act so that it is placed in a schedule other than Schedules I or II.

“The time has come for the federal government to stop preempting states’ medical marijuana laws,” Frank said. “For the federal government to come in and supersede state law is a real mistake for those in pain for whom nothing else seems to work. This bill would block the federal prosecution of those patients who reside in those states that allow medical marijuana”

If passed, the federal legislation would directly benefit New Jersey’s residents who are still waiting for the stalled medical marijuana program to get running. The state is currently waiting for clarification from the US Department of Justice.

SCR 120 has been referred to the Senate Health, Human Services and Senior Citizens Committee.

Individual citizens can support the federal bill by sending emails here.

Chris Goldstein is a respected marijuana reform advocate. As a writer and radio broadcaster he has been covering cannabis news for over a decade. Questions?  [email protected]

Montel Williams at the 2011 NORML Conference in Denver – pic by kimsidwell.com

8/5/2011 – There was tough competition in New Jersey to run the first six Alternative Treatment Centers for medical marijuana. Freedomisgreen has now obtained all of the applications through Open Public Records Act requests. The process was the most expensive in the nation. High-rollers were willing to bet $20,000 on each submission.

The winners were announced in March 2011 and their applications were released soon after. But there was little information on the groups who did not make the cut, until now.

Television host Montel Williams applied for a center in North Jersey based out of Somerset.  Williams has since invested on the West Coast and owns a dispensary in Sacramento, CA.

The New Jersey Council of Teaching Hospitals offered a plan that would incorporate fingerprint ID lockboxes and engage some of the state’s top-dollar medical institutions.  They would have used their existing network of doctors and an impressive list of grant funding contacts.

The big names weren’t the only ones looking to spend some significant coin to get into the non-profit marijuana business.

The Farmacy Inc. was a group of South Jersey pharmacists who work mainly at local CVS branches. But their big contact was Ryan Barna, who appears instrumental to their application. Barna is an active board member at the American Pharmacist Association and the NJ Pharmacists Association, two of the more powerful drug distribution lobbying groups…well, ever.

The Institute for Health Research was a group of vitamin enthusiasts and holistic medicine practitioners. They planned to operate from the Abunda Life Center in Asbury Park, a rather well-known entity in the local area.

Some of the NJ applicants looked outside the state for experience. A group of investment bankers, gaming professionals and finance specialists teamed up with a cannabis entrepreneur in Colorado. The NJ Relief Initiative Inc had Oleg Rutman on the board and boasts that he started the largest patient collective in CO. Garden State Medical Marijuana Associates retained expert consultants including Steve D’Angelo the owner of Harborside Health Services and the new reality star of Discovery Network’s “Weed Wars.”

Here are the organization names, name of the executive director and the proposed location(s). Some of these groups won an ATC contract with separate submissions.

Abatin Wellness Center- Montel Williams – Northern NJ, Somerset

Grow Well – Bonnie Johnson – Southern NJ, Egg Harbor

Institute of Health Research – Ralph Fucetola – Central NJ, Asbury Park

New Jersey Healthy Choice – Daniel Kane – Northern NJ, Bayonne

New Jersey Relief Initiative  – Joseph Coffey  – Northern NJ, Moonachie

Alternative Medical Concepts – Christopher Camal – Central NJ, Kenilworth – Northern NJ, Edison, Carlstadt and Clifton – Southern NJ Westville and Pennsauken

Compassion Collective of Camden County – J. Peter Rosenfeld – Southern NJ, Pennsauken

Compassionate Care Foundation  – William Thomas – Southern NJ and Central NJ

Farmacy Inc – Mark Makhinson – Southern NJ, Lumberton

Garden State Alternative Solutions – Hugo Bartell – Northern NJ, Newark

Gold Leaf – Jabrai Golden – Northern NJ, East Brunswick

New Jersey Council of Teaching Hospitals – J. Richard Goldstein MD – Central, NJ and Southern NJ

New Jersey Medicines – Ray Smith – Central NJ, Shrewsbury

Compassionate Care Centers of America – David Weisser – Northern NJ, Secaucus

Compassionate Marijuana Alliance – Ibere Peter Calvo – Northern NJ,  Newark

Patient Wellness Center – Alfred Lombardi – Northern NJ, Paterson

Garden State Medical Marijuana Associates –  Ron Simoncini – Northern NJ, Secaucus

Compassionate Sciences Inc – Richard Taney – Central NJ and Northern NJ

Most of the prospective Garden State cannabis dispensaries had multi-million dollar funding supplied by their Boards of Trustees. But even the groups that had start-up expenses below $350,000 were projecting over $1 million in cannabis sales by the end of their second year.

Freedomisgreen will make the full applications available via Scribd.com over the weekend. The documents were redacted by the NJ Department of Health and Human Services before release.

The six applications that were accepted are online already: http://www.scribd.com/NJcannabisDocs

Chris Goldstein is a respected marijuana reform advocate. As a writer and radio broadcaster he has been covering cannabis news for over a decade. Questions?  [email protected]

Medical cannabis growing at Oaksterdam via Chris Goldstein

11/2/2012 – John O’Brien, the director New Jersey’s Medicinal Marijuana Program (MMP), reported today that the state’s only cannabis provider was unaffected by Hurricane Sandy.  Greenleaf Compassion Center is the single, fully permitted Alternative Treatment Center. They operate a dispensary in Montclair, NJ and a growing facility at an undisclosed Northern New Jersey location.

O’Brien said via email this morning: “The Greenleaf cultivation facility didn’t miss a beat, no loss of power.  Their harvested product is good and the new cultivation is doing well.  Mr. Stevens [Greenleaf CEO] and company have assembled a secure and sustainable facility.  He deserves a lot of credit for his planning and forethought.”

Concern has turned to relief among registered and potentially qualifying NJ patients who wondered if the historic storm could have an impact on the nascent program.

Patients have started to receive their identification cards from the NJ Department of Health (DOH). Still, prior to the storm Greenleaf ATC had not started serving patients just yet.

O’Brien did not give a time-frame but said, “We continue to work with Joe towards an opening date.”

Advocates at The Coalition for Medical Marijuana New Jersey (CMMNJ) point out that severe weather is just one of the reasons why more medical cannabis ATCs must be opened in different regions of the state. NJ is the first state to pass a compassionate use law that does not include provisions for home cultivation by patients or caregivers. Governor Chris Christie and NJDOH regulators have also refused to allow the ATCs to deliver cannabis to homes; a common practice with pharmaceutical medication.

At the moment, any registered NJ medical marijuana patient or their registered caregiver must travel to Greenleaf ATC to purchase cannabis that is legal under the law. Montclair is in northern New Jersey, just outside New York City. Although the area is easily accessible via roads and public transit, MMP participants in southern NJ (such as Cape May County) face a 10-hour round-trip journey, under the best conditions.

NJ MMP website: http://www.state.nj.us/health/medicalmarijuana/index.shtml

Chris Goldstein is a respected marijuana reform advocate. As a writer and radio broadcaster he has been covering cannabis news for over a decade. Questions?  [email protected]

The New Jersey state Senate Health, Human Services and Senior Citizens Services Committee held a public hearing on January 20, 2011 on resolution SCR 130. This is part of a constitutional process to rescind and re-write overly restrictive rules for the medical marijuana program.

John Ray Wilson in 2010

10/6/2011 – John Ray Wilson has been granted bail by the New Jersey Appellate Division pending his final appeal to the State Supreme Court. Although the New Jersey Deputy Attorney General Russell Curley requested $150,000 cash, the judge set $15,000 and allowed a posting of 10 percent.

His family moved quickly to secure Wilson’s release. In a phone call this week John said he was glad to be home, “My grandma needs a lot of help right now, so at least I can be there for her.”

In January 2010, just as the NJ medical marijuana law was passed, Wilson was convicted of growing 17 cannabis plants. Wilson lives with multiple sclerosis and without health insurance. He has always maintained that the marijuana was cultivated for his personal medical use.

This is the second time that Wilson has been incarcerated and bonded out as his case continues through the courts.

MS is one of the few recognized medical conditions under the New Jersey Compassionate Use Medical Marijuana Act. Cannabis treats muscle spasticity in MS patients and been shown to slow the progression of the disease.

New Jersey’s medical marijuana program remains in trouble. Delays and added restrictions imposed by Governor Chris Christie have kept state-sanctioned cannabis from being grown or distributed. Patients with qualifying conditions have only the illegal, underground market for access.

Wilson may not use cannabis while on bail and has gone back to using bee-sting therapy.

The NJ Appellate Division ruled that “manufacturing” marijuana can never be considered for personal use (medical or otherwise).

Legal observers note that granting bail may hint that the state’s highest court may take up the case.

“We think that the appellate decision is misguided,” said Wilson’s attorney William Buckman, “we are hoping that the Supreme Court will set the record straight that New Jersey doesn’t want to put sick people or simple individual marijuana users into prison at the cost of $35,000 a year.”