At the final stage of any legislation things get complicated....

Pain Politics: Medical Marijuana in New Jersey 

Chris Goldstein 6/16/2009 

Part I

On June 4^th  the New Jersey Assembly Health and Senior Services committee met to consider medical marijuana legislation for the Garden State and one thing was for sure: The bill would pass committee.

Assemblyman Herb Conaway MD got the proceedings underway: “We have heard this bill at length before. We’re not going to have extensive testimony on various portions of the bill …the bill has I will tell you… there is a favorable opinion of the bill on this committee and this legislation will be moving here today.” 

Then any spoken testimony was limited to just 90 seconds per person. Advocates and opposition scrambled to cut down speeches and adapt to the situation. Still, some new patient testimony was very compelling like that of Diane Riportella who is dying of ALS or Lou Gherig’s disease, “ It saddens me and enrages me that I have to spend my last days fighting for the right to use and have access to the medicine that relives my suffering.” Watch on youtube 

I testified on behalf of CMM-NJ. It wasn’t easy to fairly represent our constituency of medical marijuana patients or the full breadth of the issue with such limited time, but my testimony was well received by the committee and the room. I concluded with “ Jail is not medicine, But marijuana is medicine in 13 states let’s allow it her in New Jersey.” Watch on youtube 

The opposition had an even tougher time; falsehoods and fear tactics always take longer than the truth. John Kerilick who amorphously represented several opposition groups said, “ Our youth are hearing this discussion [on medical marijuana] and I wish very much we could insulate them from this but in reality we can’t.”  

Assemblyman Conaway, the committee chair pragmatically responded, “The question here however is that the entire message be given not just a snippet of a message … and they are children and it is up to responsible adults, parents, to explain what’s happening in this case.” 

Next, for the first time in the bill’s 4-year history in the legislature, uniformed members of law enforcement testified in opposition to medical cannabis. Surprisingly they did so with their loaded guns on their hips in the penultimate visual of prohibition; loaded guns versus patients in wheelchairs. 

Instated of outright opposition, the representative of the NJ Fraternal Order of Police, Officer Stephen J. Demofonte decided to pose questions to the committee Chair who, perhaps unexpectedly, issued well-informed and even terse responses to the opposition. 

The dialogue was very interesting and the exchange highlighted the lack of education among law enforcement about medical cannabis programs in other states. 

NJ FOP’s Demofonte, “The Division of Health and Senior Services will be the enforcement agency for this sir?” 

Assemblyman Conaway, “The department…there is going to be a bifurcated responsibility the Department of Law and Public Safety and the Department of Health who will work together to issue regulations.” 

NJ FOP’s Demofonte “ The people who are going to be smoking this marijuana obviously they’re very sick …” 

 Assemblyman Conaway interrupts, “Not necessarily smoking it but go ahead..”

 NJ FOP’s Demofonte continues, “…using this marijuana they’re going to be very sick people. Is there a provision in place for them to surrender their Driver’s license? Has that been considered?” 

Assemblyman Conaway, “The process of surrendering a drivers license is based on a number of factors not necessarily tied to medical marijuana use. If it is inappropriate for them to drive or a physician has assessed them as unable to drive, a Physician under current law can write a letter attesting to that to the Department of Motor Vehicles.”  

Next was a very telling section for both sides, showing just how much misinformation there is about the nation’s best known medical marijuana state: California.  Just observe the impact of these perceptions. 

NJ FOP’s Demofonte, “From the experience that “I’ve heard of in California there’s a lot peripheral crime around these centers [medical marijuana dispensaries], I get that from the different law enforcement agencies around the country who I have regular contact with, …who…is the Division of Health and Senior services going to be responsible for the [security] at these centers?” 

Assemblyman Conaway, “ It is part of the regulatory possess…and indeed in this iteration of the bill I will tell you that California and its experience has had a lot to do with changes in this bill.”

Of course,  the insinuation of increased crime is unfounded. If anything, medical marijuana communities are stronger communities. 

The changes made to New Jersey’s medical marijuana bill in the name of California were drastic. The Assembly committee removed all provisions for home cultivation, removed Chronic Pain as a qualifying medical condition and suggested that just a few Alternative Treatment Centers be established with a courier delivery service. They also limited the recommending physician to only a specialist treating an approved condition. 

These proposed changes make the NJ program the most restrictive in the nation and, to knowledgeable advocates; they impose so many restrictions as to make the program unworkable off paper. 

 It was this changed version of the bill that the committee voted strongly in favor of 8-1 with 2 abstentions. The vote forwards the bill to the full Assembly for a vote in the fall. Watch on youtube 

The NJ Senate had already passed a version in February that included home cultivation and Chronic Pain, so legislative concurrence will be a challenge with these proposed new restrictions. Yet New Jersey legislators want a medical cannabis program in place, that intent seems clear. But they don’t want to sign a bill they perceive as imperfect, especially since the Assembly is up for election this year. 

The merits and scientific support of medical marijuana as well as the ideal of keeping sick people out of jail all do seem well understood by elected officals. But in this final, critical phase of the legislative process for the bill, as with any proposed law, the arguments have somewhat departed the realm of facts and entered the realm of politics. 

This also means that it is more important than ever for the Senate and Assembly, as well as the Governor’s office hear from citizen supporters. Contact Now 

The bill-to-law process is an uphill battle for any piece of legislation, not just medical marijuana. But on the other side of this tremendous effort is a state regulated medical cannabis program for the Garden State; one that could be an example to NY, PA, and DE as they consider their own active medical cannabis bills.

Find out more info and support medial marijuana in the Garden State at www.cmmnj.org

Photos from the 6-4 hearing