Freedom Is Green

Medical marijuana sign by activist Jim Miller on the steps of the NJ State House- *photo by Diane Fornbacher

COMMENTARY from Chris Goldstein 1/15/2012 – It has been two years since the compassionate use law passed in New Jersey. There was some hope in Trenton that day. But now there have only been delays, basement hearings and promises broken.  Not a single sprout of legal marijuana yet.

Terminal patients we work with die off while chronic patients constantly scour the underground market for medical-quality cannabis. Sadly, these patients who risk arrest every day can only expect to have better choices on the streets even if the state-authorized Alternative Treatment Centers (ATCs) eventually open their doors.

Governor Chris Christie and his administration have attempted to experiment with every aspect of the medical marijuana program. Politicians, bureaucrats and businesspeople (in typical Jersey style) have over-indulged the Executive Branch. A pot monopoly for Rutgers; calling in the Feds; the granite wall of regulatory authority – We’ve seen it all. The end result is a failure to fully implement the law.

Among advocates there is talk of some options to truly jump-start the program for patients. In a more perfect Garden State here’s how the Governor, the Legislature and the respective state agencies could work towards a law that seriously ill residents still desperately need.

Stop the doctor registry and start the Patient Registry

Part of the regulations issued by the NJ Department of Health and Senior Services (DHSS) require the nation’s first registry for physicians. Only these listed docs are allowed by the state to recommend medical marijuana. Doctors, nurses, medical professionals and patients testified many times in Trenton last year as to the problems with this structure. No similar requirement is mandated for drugs like morphine. Opened in October 2010 just 109 doctors have signed up out of almost 30,000 that practice in New Jersey.

But the patient registry was never opened. This means that seriously ill individuals have no legal protections related to marijuana. Unfortunately residents with qualifying medical conditions are still part of the more than 26,000 marijuana arrests in NJ each year.

The regulations currently require that patients have a registered physician and choose one of the six ATCs to even apply for the patient registry card.  But the doctor registry list is not being made public by DHSS and none of the ATCs have opened. This leaves patients with no options. The unique and problematic physician registry could be discontinued or suspended in favor of a streamlined process for DHSS to begin issuing the patient registry cards. Patients could then be offered the legal protections that the state has long promised. The changes required are procedural language changes within the regulations. The logistics of actually issuing the cards to patients is relatively easy.

In other words: Can we stop treating medical pot as if it were highly addictive, radioactive machine gun bullets?

Grant Patients Immunity

If they could have the registry cards then patients could be offered immediate immunity from arrest and prosecution for possessing up to two ounces of marijuana. (Two ounces is the monthly supply allowed under the law – the lowest in the nation.) The current regulations only protect a registered NJ patient if their marijuana product was purchased at an authorized ATC. But the Compassionate Use Medical Marijuana Act already includes guidelines for appropriate possession and use. This could be generally applied to any marijuana, especially during this extended time that the ATCs have not been able to open. Such immunity would free the police, courts, doctors, patients and their families from having to continue dealing with an expensive and senseless criminality. Again this would only take a few changes to the regulations. This legal protection for seriously ill residents was the core intent of the compassionate use law.

In other words: Can we please finally just follow one simple rule – stop putting handcuffs on sick and dying people for having a few joints?

Allow home cultivation

New Jersey passed the first compassionate use law in the country that did not include provisions for patients or their caregivers to grow cannabis. Language to allow micro-plots of up to 6 plants was stripped away from the legislation at the last minute by the Assembly Health Committee. The vision for the program was that seriously ill residents would rely on the regional Alternative Treatment Centers for all of their marijuana. But NJDHSS and the six hand-picked ATC operators have struggled to open leaving NJ patients with no marijuana at all. The regulations from the Christie Administration further restricted the choices patients would have in their therapy. The far-reaching rules limit THC to just 10%, exclude edible preparations other than lozenges and limit each ATC to growing just three strains of cannabis.

Americans enjoy an array of consumer choices in their medical care, from their professionals to their products. But qualifying NJ residents do not currently have any cannabis, let alone a variety. Patients should have access to the strengths, strains and delivery methods that provide the best relief. Amending the NJ compassionate use law to include the original language allowing patients and caregivers to cultivate small plots of cannabis would lift the immediate barrier on patient access.  It would also give patients and doctors greater security in knowing that cannabis therapy will be tailored for specific patient needs.

In other words: The freaking US Department of Justice –THE Feds – even have a more lenient policy on individual patients growing their own compared to NJ…wtf??

Educate doctors, patients and medical professionals

New drugs and medical therapies are often marketed by for-profit companies. There are TV ads, billboards and suit-clad representatives visiting doctors’ offices with free pens and notepads. Think about the approach taken for profit-pills like Viagra. But medical marijuana in New Jersey (as it is in many states) is a not-for-profit enterprise and does not have a slick general marketing campaign. Although the six NJ Alternative Treatment Centers have tens-of-millions of dollars in start-up capital they have not planned to use any of it on public or professional awareness at this time.

The NJDHSS, Board of Medical Examiners, NJ Medical Society, State Nurses Association and other groups could fill in this information vacuum. These groups could hold seminars, compile relevant cannabis information into a statewide public journal and publish education materials. This would help residents, towns and medical professionals benefit from the medical cannabis program.

In other words: How hard would it be to go out there and talk about all of the amazing clinical research on cannabis and cannabinoids? Speaking from some experience, it might even be a little fun…

Advocate to local townships and municipalities

Politicians and state agencies could easily educate townships as to the benefits and details of the Medicinal Marijuana Program. Presentations or panels could be run during events like the League of Municipalities conference. Awareness events like Town Hall Meetings on the topic could be run by the Governor, DHSS or supporting elected officials. They could invite some of the dozens of qualifying residents, hospice nurses, doctors or other advocates who testified with solid information on the topic to speak with them or address questions.

Eighty-six percent of NJ residents support the medical marijuana law – this is the greatest level of support for any legislation in NJ. But there is a lack of information about the nuts-and-bolts of how the law is supposed to work or who it serves. Just like any other new program, the medical marijuana issue deserves the full effort of the state. Towns and municipalities deserve the tools to make effective decisions about the ATCs and their local patient population. Local governments have a special responsibility for this program, as these ATCs must serve an entire region of patients from their local base of operations.

In other words: At our Coalition for Medical Marijuana New Jersey information booth at the NJ League of Municipalities Conference  the most common question we get about medical marijuana (we clock hundreds of these per day; no kidding)  “Do you have any free samples?”

Final Note

There really is only one way forward for New Jersey’s program: Governor Christie and the new state MMP director John O’Brien need to meet with qualifying medical marijuana patients. Listening to them, face to face, about what they need for the law to work is the best path to success.

Chris Goldstein is on the Board of Directors at The Coalition for Medical Marijuana New Jersey and NORML- NJ. As a writer and radio broadcaster he has been covering cannabis news for over a decade. Questions?  [email protected]

The first shot has been fired in Providence for the modern medical marijuana battle in the East. US Attorney Peter F. Neronha sent a harsh notice to Rhode Island on April 29th. The letter was addressed to the governor and state officials but in a new tactic, it was also sent to the handful of  licensed medical cannabis dispensaries.

WNRI in Providence obtained a copy of the letter. It includes a revealing statement about how the federal government is treating the issue.

Accordingly while the Department of Justice does not focus its limited resources on seriously ill individuals who use marijuana as part of a medically recommended treatment regimen in compliance with state law as stated in the October 2009 Memorandum of Deputy Attorney General David Ogden, the Department of Justice maintains the authority to enforce the CSA vigorously against individuals and organizations that participate in unlawful manufacturing and distributing activity involving marijuana, even if such activities are permitted under state law.

We all know that state medical cannabis laws are in conflict with the federal Controlled Substances Act. But the last part seems to be the driving force behind a recent storm of Drug Enforcement Administration raids, “…even if such activities are permitted under state law.”

Clearly the federal government does not care if doctors recommend marijuana or if patients possess a small amount of cannabis. The forbidden sins are growing and selling. Again not new news, but the real kicker is the target.

Rhode Island recently licensed three dispensaries: The Thomas C. Slater Compassion Center, Greenleaf Compassionate Care Center and Summit Medical Compassion Center. All three were copied on the letter. Governor Lincoln Chaffee’s copy was delivered by hand.

The DEA conducted four raids in Washington on April 28th. A similar afternoon in Rhode Island would shut down all of the state’s carefully selected medical cannabis operators. The full letter is a clear and open threat to bring federal agents with automatic weapons to clear out regulated marijuana, cash registers, bank accounts and assets.

What has yet to be seen is the response from the fiercely independent state to the federal government’s prodding. There may be a taller political wall in Rhode Island for the DEA to hurdle.

Read the letter care of WNRI: http://wrnihealthcareblog.files.wordpress.com/2011/04/u-s-attorney-letter.pdf

Questions?  [email protected]

Chris Goldstein is a respected marijuana reform advocate. As a writer and radio broadcaster he has been covering cannabis news for over a decade. He volunteers with local groups to change prohibition laws including PhillyNORML and The Coalition for Medical Marijuana New Jersey.

Given the lack of FDA approved medications for the treatment of drug use, exercise may represent a form of behavioral modification suitable to treat different forms of drug dependence. Building up a “Runner’s High”  from intense exercise may overwrite  pathways in the brain by reinforcing the body’s natural reward system.

A group of subjects who smoked an average of 5.9 joints a day, reduced their daily intake of Cannabis to an average of 2.8 joints a day during the exercise portion of the experiment.

This data agrees with existing scientific evidence which demonstrates the positive effects of exercise on reducing drug craving. Given the low cost of exercise it could represent a treatment accessible to people who do not have access to health insurance or have failed to receive HMO approval for drug abuse medications.  More studies are needed to confirm the benefits of exercise on drug dependence but, in theory, this could be applied to other drug issues.  For regular consumers and underground medical users in states that do not have a consistent supply,  exercise may also help in times without access.

The abstract is below but the full article can be read here

Aerobic exercise training reduces cannabis craving and use in non-treatment seeking cannabis-dependent adults

Buchowski MS, Meade NN, Charboneau E, Park S, Dietrich MS, Cowan RL, Martin PR.

Source

Energy Balance Laboratory, Division of Gastroenterology, Hepatology and Nutrition, Department of Medicine, Vanderbilt University, Nashville, Tennessee, United States of America. [email protected]

Abstract

BACKGROUND:

Cannabis dependence is a significant public health problem. Because there are no approved medications for this condition, treatment must rely on behavioral approaches empirically complemented by such lifestyle change as exercise.

AIMS:

To examine the effects of moderate aerobic exercise on cannabis craving and use in cannabis dependent adults under normal living conditions.

DESIGN:

Participants attended 10 supervised 30-min treadmill exercise sessions standardized using heart rate (HR) monitoring (60-70% HR reserve) over 2 weeks. Exercise sessions were conducted by exercise physiologists under medical oversight.

PARTICIPANTS:

Sedentary or minimally active non-treatment seeking cannabis-dependent adults (n?=?12, age 25±3 years, 8 females) met criteria for primary cannabis dependence using the Substance Abuse module of the Structured Clinical Interview for DSM-IV (SCID).

MEASUREMENTS:

Self-reported drug use was assessed for 1-week before, during, and 2-weeks after the study. Participants viewed visual cannabis cues before and after exercise in conjunction with assessment of subjective cannabis craving using the Marijuana Craving Questionnaire (MCQ-SF).

FINDINGS:

Daily cannabis use within the run-in period was 5.9 joints per day (SD?=?3.1, range 1.8-10.9). Average cannabis use levels within the exercise (2.8 joints, SD?=?1.6, range 0.9-5.4) and follow-up (4.1 joints, SD?=?2.5, range 1.1-9.5) periods were lower than during the run-in period (both P<.005). Average MCQ factor scores for the pre- and post-exercise craving assessments were reduced for compulsivity (P ?=?.006), emotionality (P ?=?.002), expectancy (P ?=?.002), and purposefulness (P ?=?.002).

CONCLUSIONS:

The findings of this pilot study warrant larger, adequately powered controlled trials to test the efficacy of prescribed moderate aerobic exercise as a component of cannabis dependence treatment. The neurobiological mechanisms that account for these beneficial effects on cannabis use may lead to understanding of the physical and emotional underpinnings of cannabis dependence and recovery from this disorder.

Read the Full Article

Read more Science at Freedomisgreen.com

Sensible Science Category

Jahan Marcu is currently investigating the pharmacology of cannabinoid receptors. He was working at the California Pacific Medical Center Research Institute when exciting discoveries were made showing enhanced anti-cancer effects with THC and CBD from the Cannabis plant. The findings were published in the Journal of Molecular Cancer Therapeutics. In 2009 he received the Billy Martin Award from the International Cannabinoid Research Society (ICRS). Jahan is currently the vice-chair the Medical and Scientific Advisory Board at Americans for Safe Access (ASA).  He enjoys nuclear magnetic resonance and The Original Ghostbusters.

Contact:  science { at } freedomisgreen.com

8/29/2011 – Last week was a busy one for elected officials caught with pot in Connecticut. A former alderman from Ansonia, CT was sentenced in a federal court to 3 years in prison for his role in growing more than 1400 cannabis plants. Joseph Cassetti, 61, owned many of the properties where the plants were seized in 2008. Two other men in their twenties were convicted of selling and distributing the cannabis.

Next was Rhode Island State Representative Robert A. Watson who failed to reach a plea deal in a DUI case. Watson was stopped by East Haven, CT police in April at a sobriety checkpoint. He tested below the legal limit for alcohol, blowing a 0.05 percent. But a urinalysis showed THC and cocaine.

In an interesting twist, Watson claims to be using cannabis to treat pancreatitis. He said that he did not smoke any marijuana the day of his arrest. Watson also said he kept marijuana on hand for medical use.

Watson, a Republican, has held his seat since 1993. He was the House Minority Leader at the time of his arrest but was quickly removed from that role by his legislative peers.  Still, Watson has retained his seat and has not announced any plans to resign.

Watson did vote “Yes” in 2009 for the medical marijuana law now in place. Yet when Rhode Island considered a bill to decriminalize marijuana possession for adults this year Watson fought hard against it.

In a Feb. 2011 speech to the Greater Providence Chamber of Commerce Rep. Watson put his opposition to a variety of bills into a now-infamous statement: “I suppose if you’re a gay man from Guatemala who gambles and smokes pot, you probably think that we’re onto some good ideas here.”

Watson refused to apologize for the statement, even when pressured by Guatemalan-American groups.

Rep. Watson is essentially the only openly-green medical cannabis patient in the Rhode Island General Assembly. It is not known if he is officially a participant in the state’s program. RI allows access though caregivers and home cultivation. Governor Lincoln Chafee has kept the three state-approved RI dispensaries from opening.

Because Watson failed to reach a plea deal in Connecticut last week the case against him will continue.

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]

St. Patrick’s Day has some green competition as March 2011 could see three states on the East Coast open their medical cannabis industries. Maine, Rhode Island and New Jersey are all in the process of licensing facilities to supply medical grade cannabis to qualifying residents.

Maine’s first dispensary is actually set serve patients this week. That will represent the tangible beginning to state-regulated cannabis coming to this side of the country, but just barely.

The Portland Press Herald published an extensive piece today, well worth reading in full:

The opening of Maine’s dispensaries — the first east of Colorado — comes 16 months after voters approved a network of dispensaries to expand access to marijuana for patients with a limited number of medical conditions, such as cancer and glaucoma. Registered patients can still grow their own or have a caregiver grow marijuana for them.

Five operators have been working to set up eight dispensaries, one in each of Maine’s public health districts Read full

Maine essentially legalized medical marijuana in 1999 and has spent the rest of the time trying to come up with a dispensary system. Until now, patients there could only grow their own cannabis or have a designated caregiver cultivate it for them.

That was also the case in Rhode Island where a medical marijuana law was passed in 2006. Patients and caregivers there could form collective gardens or cultivate personally.

Last year RI officials denied every application and then published the carefully crafted business plans online (much to the chagrin of the applicants).

The Ocean State was set to announce the winners of their second round of applicants this week but there has been another delay.

The Providence Journal – The state Health Department has once again postponed making a decision as to whom, if anyone, will be allowed to operate medical-marijuana dispensaries in Rhode Island.

In a news release Monday morning, the department said its new interim director, Dr. Michael D. Fine, needed an additional week — until March 15 — to review the 18 applications that have been submitted. Read

Unfortunately it is also a series of delays that have been seen in New Jersey. The NJ Department of Health and Human Services is moving ahead under some questionable regulations charging a $20,000 application fee.

New Jersey saw 21 groups bid to run one of six Alternative Treatment Center sites. Although the rules to operate the facilities have not been finalized Garden State officials say they will announce the winners on March 21st.

So along with Spring and Shamrocks it could be medical cannabis that green the East this month.

Unless there’s another set of delays.

YouTube video below of Diane Riportella in New Jersey who does not have any more time to spare.

More information

Maine
Grassroots http://www.asamaine.org/

Rhode Island
Grassroots http://ripatients.org/

New Jersey
Grassroots http://www.cmmnj.org

Chris Goldstein is a respected marijuana reform advocate. As a writer and radio broadcaster he has been covering cannabis news for over a decade. He volunteers with local groups to change prohibition laws including PhillyNORML and The Coalition for Medical Marijuana New Jersey. He enjoys old-school hip-hop, vintage airplanes and changing the world. Contact chris { at } freedomisgreen.com

3/17/2011- CORRECTION – Maine allows for designated caregivers to grow medical marijuana for patients as well as personal cultivation by patients. Added “or have a designated caregiver cultivate it for them.” in sixth graph. 

5/27/2011: UPDATE 6/4/2011 – Elected officials on the East Coast continue a period of intense activity working on marijuana reform bills. From Maine to Florida legislators are considering medical access, decriminalization and full legalization of cannabis for recreational use. Some bills have passed or remain active while others have been stalled or killed in committees.  Here are some details of the notable actions along with a quick-reference list that includes activism links.

Delaware passed a medical marijuana bill that Governor Jack Markell signed on May 14th. The law allows qualifying patients to access up to 6 ounces of cannabis per month.  Yet patients will not be allowed to cultivate at home or form collective gardens. A centralized production and distribution system will be created in each county…unless federal interference prevents them.

Vermont has passed a bill, SB 17, to legalize and regulate medical cannabis dispensaries. Governor Pete Schumlin has not yet signed it into law. The state already allows seriously ill residents access to cannabis. The new legislation would require patients to choose whether to cultivate or access a dispensary. [UPDATE – Vermont Governor signed the bill into law June 2, 2011.]

Maryland passed and signed into law a concept that is referred to as an “affirmative medical necessity defense.” The provisions signed on May 10^th allow those who are arrested or minor marijuana possession to present medical records when they go to court. If the resident is deemed to suffer from a serious condition then they pay a $100 fine. A bill that would have created a safe access dispensary system was not passed. Instead, a heavily altered bill was turned into discovery exercise. Maryland will now explore the issue through a special study group.

Maine had the first public hearings on the East Coast for a bill to tax and regulate recreational marijuana, LD 1453. They were well attended on May10th.  Ultimately the Criminal Justice and Public Safety Committee did not recommend passage, but the bill is still alive. Maine is currently moving ahead with opening the first medical cannabis dispensaries in the state; two have now started operations. A pair of bills, LD750 and LD754, that would expand the state’s existing decriminalization law to allow for up to 5 ounces and/or six plants had hearings.  Finally, LD 1296 amended state law to make the cannabis patient registry a volunteer-only requirement to protect patient privacy.

New York is seeing a major effort underway to standardize a long-standing marijuana decriminalization law. Back in 1977 the state made small amounts of pot a civil offense. But New York City police are still arresting 50,000 people every year for joints and dime-bags. SB5187/AB7620 would standardize the penalty for possession of 25 grams or less to a $100 non-criminal fine. New York has also been considering a medical marijuana bill for over a decade. The Assembly passed the measure but the Senate let the bill time-out.

Rhode Island has suspended three medical marijuana dispensaries that were approved by the state. The hold was placed by Governor Lincoln Chaffee after he received a letter from US Attorney Peter Neronha detailing the conflict with federal law. Separately, notable hearings were held in the state Senate on HB5031 /SO270, a decriminalization bill. [UPDATE – US Attorney General Eric Holder says that he will work with RI Gov. Chafee and other states on authorized dispensaries on June 2, 2011.]

New Hampshire has been very close to passing a medical marijuana law for several years. But Governor John Lynch, nearly single handedly, has stopped the effort. HB 442 passed a floor vote in the House this March. But the Senate denied the bill a floor vote after another veto threat from Gov. Lynch.

New Jersey has also suspended the six approved medical marijuana Alternative Treatment Centers. Governor Chris Christie directed state Attorney General Paula Dow to seek clarification from federal authorities at the US Department of Justice before moving ahead. Meanwhile, NJ Legislators are still considering changes to final regulations for the program. ACR188/SCR151 would throw out the most restrictive provisions proposed by Governor Christie’s administration, including a 10% cap on THC potency. Also, a new resolution was introduced on May 26th, SCR120, that would have New Jersey support the “States’ Medical Marijuana Patient Protection Act” now active in the US Congress.

Connecticut is moving forward on a decriminalization bill. Governor’s Bill 1014 was passed by the Judiciary Committee and now goes to the Senate for a floor vote. After amendments the bill would make possession of ½ ounce or less by adults a civil penalty punishable by a fine only.

Quick reference list of East Coast legislative action on marijuana:

Legalize, Tax and Regulate

Maine: LD 1453 – Active. First hearings held, no further scheduled.

Rhode Island: HB 5591– Active, assigned to committee; no scheduled hearings.

Massachusetts: HB 1371- Active, assigned to committee; no scheduled hearings.

Decriminalization

Vermont:  HB 427 – Active, assigned to committee; no scheduled hearings.

Connecticut: SB953 – final vote scheduled before Senate

New York: SO5187/AB7620 Penalty standardization bill – Active, assigned to committee; no scheduled hearings.

Maine: LD 750 and LD754 – Killed in committee.

Maryland: HB 606 – passed/signed

Virginia:  HB 1443 – killed in committee 1/17/2011

North Carolina: HB 324 – Active, assigned to committee; no scheduled hearings.

Rhode Island: HB 5031/SO270 – Stalled in Senate 5/24/2011

Medical Marijuana

Maine: Dispensaries opening; LD 1296 Medical Marijuana Protection- passed

New Hampshire: HB442 – Cleared committee on 3/10/2011, stopped in Senate 5/10

Vermont: SB 17 – passed both houses – signed into law on 6/2/2011

Connecticut: HB 6566, – stalled

Massachusetts: HB 625 – Active, assigned to committee; no scheduled hearings.

Rhode Island: Medical marijuana dispensaries on hold

New York: S2774 – Passed by Assembly, timed-out in Senate

Delaware: SB 17- passed, signed into law by Go. Markell

New Jersey: Alternative Treatment Centers on hold;

Invalidation of Medical Marijuana regulations, ACR188/ACR151 – Active for final floor votes

Support federal Medical Marijuana Patient Protection Act: SCR120 – Active

Maryland: Medical Marijuana program study exercise approved

Pennsylvania: SB 1003 – Active, assigned to committee; no scheduled hearings.

Delaware: SB 17 – passed/signed.

North Carolina: HB 577 – Active, assigned to committee; no scheduled hearings.

Washington DC: Medical marijuana program implementation, final dates unclear

West Virginia: HB 3251

Florida: HJR 1407 – Active, assigned to committee; no scheduled hearings.

Check back for updates here at Freedomisgreen.com.

Get involved with cannabis reform:

NORML- www.norml.org

Students for Sensible Drug Policy – www.ssdp.org

The Drug Policy Alliance – www.drugpolicy.org

The Marijuana Policy Project – www.mpp.org

NORML Women’s Alliance – http://norml.org/index.cfm?Group_ID=8059

Willie Nelson’s Teapot Party – www.teapotparty.org

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]

8/12/2011 – Politics are staying green this summer as state legislators keep momentum on bills to legalize medical cannabis or decriminalize pot possession for adults. Extended debates continue for some legislation, but there is significant momentum behind new campaigns.

Here is a short rundown of what’s already on the books.

Massachusetts: It looks like there will be two chances in 2011/2012 for medical marijuana to become law. HB625/SB1611 had an important hearing in June before the Joint Committee on Public Health. Patients and advocates are preparing for an active fall session. At the same time, the Massachusetts Patient Advocacy Alliance has submitted language for a statewide ballot initiative on medical cannabis. Voters could have a say in the matter during the important 2012 election. Finally, the Bay State is also considering a bill to Tax and Regulate recreational marijuana for adults. HB1371 is supported by MASSCANN/NORML and is seeking a hearing before the Joint Committee on the Judiciary in 2011.

The 22^nd Annual Boston Freedom Rally takes place on September 17, 2011. The largest marijuana reform event on the East Coast draws a crowd of 50,000 to the Boston Common. MASSCANN/NORML and other local groups helped to pass a statewide ballot initiative to decriminalize marijuana in 2008.

New York: Two important bills remain active in the Empire State. Advocates have kept up the medical marijuana fight for thirteen years, now there are more co-sponsors than ever for HB2774. Unfortunately the language has evolved to be very limited, following New Jersey’s model of prohibiting home cultivation. The restricted scope may be more palatable to politicians. Legislators also took a strong step in June to bring New York City in line with the existing marijuana decriminalization policy.  A new bill, SB5187/AB7620, would stop more than 50,000 racially disparate pot arrests each year in the Big Apple.

Rhode Island: Advocates are continuing to pressure Gov. Lincoln Chafee to lift his suspension of medical marijuana dispensaries. Three compassion centers have been approved but have not been allowed to open.  A bill to Tax and Regulate marijuana remains on the legislative schedule. HB 5571 would set up at least one cannabis retail store per county.

New Jersey: Gov. Chris Christie announced that he would expedite the startup of medical marijuana Alternative Treatment Centers. Six have been approved and the Garden State government is working though final regulations for implementation. Concurrent resolutions are active in the Senate and Assembly that would revise the proposed rules. ACR188/SCR151 would remove some of the worst restrictions like the 10 percent cap on all THC potency.

New Jersey also got its first decriminalization bill this year. A4252 was introduced in June with the first reading and a committee assignment expected in the fall. The legislation would remove criminal penalties for adults caught with 15 grams or less. The effort has notably strong support right out of the gate with 18 bi-partisan co-sponsors.

Pennsylvania: The Keystone State will go into its third year of considering medical marijuana. SB1003/HB1653 were re-introduced and assigned to the Health committee in both houses. Favorable public hearings were held in 2009 and 2010.  Philadelphia has been making news about the Small Amount of Marijuana program. The new court diversion for minor pot possession cases has saved the city millions and measurably reduced the jail population.

Maryland: As mandated by the legislature this year, the state will continue a study phase for medical cannabis. A law allowing seriously ill residents to offer a positive medical necessity defense was passed as an interim measure to a full program.

East coast advocates are hopeful for some further reform activity in the fall such as marijuana bills in North Carolina, Connecticut, New Hampshire, West Virginia and Florida.

Check back for more updates on cannabis politics here at Freedomisgreen.

NORML’s Take Action Center

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]

In the eastern United States a dramatic change is stirring for cannabis laws. Medical marijuana, decriminalization and even fully taxed legalization are on the march forward from Maine to Florida. Backed by striking public support, new bills are being introduced and old ones are getting a second chance.

The surge in recent polling is important to note. Most polls show that 70% to 80% of voters (in all demographics) favor their local marijuana reform legislation.

To put this into perspective; the most popular individual politicians quickly open bottles of champagne when they break 45% in their approval ratings.  Soon there may be a safer, greener choice than the old bubbly.

It is not just about the future; existing laws are being implemented in three states. Just this week Maine opened their first medical marijuana dispensary and Rhode Island announced three medical marijuana operators will get permits.  Although legislators and advocates here in New Jersey are trying to fix some badly broken regulations, Garden State officials are set to announce the six Alternative Treatment Center sites on March 21st.

Here’s a rundown of cannabis reform on the East Coast. Most links go to NORML’s Take Action Center so if you are a resident of any of the states below take a moment to contact your elected officials.

Maine: Medical marijuana dispensary implementation, decriminalization bill LD754 & LD750

New Hampshire: Medical marijuana bill HB442 – Cleared committee on 3/10/2011

Vermont: Medical marijuana bill SB 17, decriminalization bill HB 427

Connecticut: Medical marijuana bill HB 6566, decriminalization bill SB953

Massachusetts: Medical marijuana bill HB 625, tax and regulate bill HB 1371

Rhode Island: Medical marijuana implementation, decriminalization HB 5031  tax and regulate bill HB 5591

New York: Medical marijuana bill S2774

New Jersey: Medical marijuana law implementation

Maryland: Medical marijuana bill HB 291, decriminalization bill HB 606

Delaware: Medical marijuana bill SB 17

Virginia: Decriminalization bill HB 1443 – stopped in committee 1/17/2011

West Virginia: Medical marijuana bill HB 3251

Florida: Medical marijuana resolution HJR 1407

North Carolina: Decriminalization bill HB 324 – (thanks to freedom readers for the NC update)

Keep up with the cannabis reform effort across the country in NORML Take Action Center.

Chris Goldstein is a respected marijuana reform advocate. As a writer and radio broadcaster he has been covering cannabis news for over a decade. He volunteers with local groups to change prohibition laws including PhillyNORML and The Coalition for Medical Marijuana New Jersey. He enjoys old-school hip-hop, vintage airplanes and changing the world. Contact chris { at } freedomisgreen.com

“Well, I didn’t really smoke it. My roommate blew it in my face. A bunch of times. Do you think I’ll pass?”

First I tried to figure out why my friend felt the need to have pot smoke blown repeatedly in her face. A fear of holding joints? A mating ritual akin to “Why don’t you give me a little massage”?

Then I had to wonder about the bigger issue: drug testing and all of its nefarious implications.

My friend is a geologist. She doesn’t operate heavy machinery. She doesn’t operate on hearts. She works with rocks and dirt. She writes reports about working with rocks and dirt. Why, then, does she have to pee for perfect strangers?

“I don’t know. I hate it too. I just have to.”

And again, we allow our constitutional rights go right up in smoke.

A few facts about drug testing:

• According the American Management Association, only 8 percent of companies with drug testing programs had performed any cost-benefit analysis.

• The National Academy of Sciences formed the Committee on Drug Use in the Workplace claims, “Illicit drugs contribute little to the overall rate of industrial accidents. This is because most workers who use illicit drugs never use them at work. And when they do so, it is in a way that does not affect their work performance.”

• The most common type of testing specimen is urine, followed closely by hair, saliva and breath testing. Blood testing is seldom used for employment testing, except in cases of accidents or court order.

• Most employers use a standard five-panel test of “street drugs,” consisting of marijuana (THC), cocaine, PCP, opiates (such as codeine and morphine) and amphetamines (including methamphetamine). Most drugs, as well as alcohol, are out of the system within days of use, except for marijuana.

• Urinalysis tests for marijuana, in their current form, are not suitable for detecting drug impairment or recent drug use because the procedure only looks for and detects drug metabolites, not the parent drug THC. Presently, no dose-concentration relationship exists correlating drug metabolite levels to drug impairment.

• Marijuana (or the metabolites created from it) can hang out in your body for quite some time because of its fat solubility. The amount of time ranges from several weeks to as long as 70 days, depending on body weight, frequency, etc. This means that drug testing in the workplace tends to discriminate against pot smokers most readily and easily. And, as mentioned above, pot smokers don’t tend to smoke on the job (unless they work for the arcades, movie theaters or the circus. I used to get stoned before working at this ice cream parlor at a mall. Good fun.)

Not what gets me (and undoubtedly many of the readers here) is that you could be a complete drunk, pose a genuine threat to your workplace, and easily be overlooked by most drug tests. (Heck, it’s only booze, right? The most dangerous “drug” out there.)

But what do expect employers supposed to do? They don’t want to hire a bunch of druggies. Presumably, “potheads” and the like costs them money in missed hours, workplace accidents and, I don’t know, general stoney behavior. But it doesn’t take a scientist to realize that alcohol can be much more a problem in the workplace. Pot smokers don’t tend to suffer from crippling hangovers or the shakes at lunchtime. Pot smokers don’t tend to be full-blown addicts.

Here’s some possible alternatives to discriminatory drug testing, suggested by the Cannabis Consumers Campaign :

Rather than submit a person to drug testing, why not use the traditional method of checking references to find out about an potential employee?

Supervisors need to be trained to identify, confront, or refer impaired employees to Employee Assistance Programs or other intervention programs. Impairment testing not only detects people who are impaired by drugs and alcohol, but also by sleep deprivation, stress, fatigue, emotional problems, over-the counter medications and prescription medications. These tests, once administered, can improve safety far better than drug tests can. They are not discriminatory. Rather, they measure everyone equally by their performance, which is the most significant factor in employment.

That’s crazy talk. Call previous employers? Watch an employee’s behavior? Why, when strangers can examine your bodily fluids and make false judgments about your performance ability?

So to recap:

• Drug testing costs a lot of money and doesn’t prove to be effective.
• Drug testing discriminates against pot smokers.
• Drug testing leaves raging alcoholics, well, raging.

Where’s the cup? Sign me up!

My geologist friend has a good job now. (She passed.) It pays well, she’s insured, she’s doing what she likes, but she sacrificed privacy and her beliefs to get it. I, on the other hand, may never have that kind of career-advancing, well-paid job because I would never submit to a piss test. So a drug test means more than a humiliating piss in a cup; it has far-reaching implications that shape professional paths and money-making ability. And that pisses me off.

[Warning: Below is a photograph of a geologist high on the job. This could be you.]

Sources:

MAF Background Screening

NORML

CannabisConsumers.org

Jahan Marcu

Beth Mann is a popular blogger and writer for Open Salon and Salon. She is also an accomplished artist with over 15 years of experience, as well as the president of Hot Buttered Media. She currently resides at the Jersey shore where she can be found surfing or singing karaoke at a local dive bar.

Contact: maryjane {at } freedomisgreen.com

I just finished a piece where a Saskatchewan driver was acquitted on impaired driving charges even though she admitted to using marijuana before she drove. It brought several questions to the judge’s mind:

1. What signs of impairment would one expect to see in someone who has been using marijuana?
2. How long after using marijuana would you expect to see these signs and how long would they last?
3. Can the results of drug evaluation tests taken over 1½ hours after the time of driving be reliably related back to the time the woman was stopped?
4. Was the woman’s performance in some of the tests an indication of poor balance or poor coordination?

It should be noted that this woman was stopped at a checkpoint. She had not exhibited any erratic driving. She was polite and accommodating when the officer requested her paperwork and conversed with him normally.

But she couldn’t touch her nose…and that’s where we enter the wild and crazy land of field sobriety tests where even the creator of these tests (Marcelline Burns) concluded that there is no direct correlation between field sobriety tests and impaired driving.

From my personal experience, I’ve watched a friend ace a field sobriety test while very intoxicated and another acquaintance fail it miserably after two drinks. If you asked me to say the alphabet backward, I’d get stuck somewhere around X.

So where do pot smokers fall in this spectrum? Obviously, alcohol affects your equilibrium far more than marijuana. But can you be too stoned to drive?

According to one study:

Both levels of THC cigarettes significantly affected the subjects in a dose-dependent manner. The moderate dose of alcohol and the low THC dose were equally detrimental to some of the driving abilities, with some differences between the two drugs. THC primarily caused elevation in physical effort and physical discomfort during the drive while alcohol tended to affect sleepiness level. After THC administration, subjects drove significantly slower than in the control condition, while after alcohol ingestion, subjects drove significantly faster than in the control condition. No THC effects were observed after 24 h on any of the measures.

After reading several other studies, I can’t help but wonder whose behind them. Certain findings just seem so radically unlikely (such as performance levels being affected 24 hours after smoking marijuana or that some effects of marijuana were on par with those under the influence of alcohol.) And then there’s more comprehensive studies that prove that drunk driving fatalities are less in states where marijuana is legal. (Because apparently, people will substitute marijuana for alcohol.)

Personally, I don’t think one should drive right after smoking pot. No, I don’t think your reaction time is that drastically affected but you are under the influence of a drug and hell, driving high just isn’t that enjoyable (to me). An hour or two later? Yes, I would, without thinking twice. Because most of us know, we’re capable of driving after smoking.

My bigger concern is this: in our increasingly over-reaching militaristic world, what kind of new laws will be enacted in order to target marijuana smokers? (Because heck, no one really cares about those cocaine-induced road ragers or asleep-at-the-wheel heroin-addicts, right? We can’t catch them easily with a piss test, so let’s let those seriously impaired folks off the hook.) Do we really want the police to obtain any more power to bully citizens? Will we have to take an “on the spot” swab test that will (again) unfairly target marijuana users? (You know, we’re about this close to that happening.)

Driving while stoned does not seem like a great idea. But driving after taking a couple Valiums doesn’t sound that wise either and I’m sure the “authorities” have no problem with that. This Canadian judge actually asked some smart questions and kudos to him for not doing the “throw the book at her” routine.

P.S. What about the really old people? Do we think for one second that some of our older citizens could pass these field sobriety tests? Where I live, they pose the most danger. The only fender bender I’ve ever had was when an elderly woman slammed on her brakes in the middle of a highway (55 mph) because she couldn’t merge into the right lane. I rear-ended her and was held entirely responsible. I’d trust a pot smoker over an 80 year-old with the beginnings of dementia any day of the week.

Beth Mann is a popular blogger and writer for Open Salon and Salon. She is also an accomplished artist with over 15 years of experience, as well as the president of Hot Buttered Media. She currently resides at the Jersey shore where she can be found surfing or singing karaoke at a local dive bar.

Contact: maryjane {at } freedomisgreen.com