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NJ Medical Marijuana
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Governor Chris Christie Announces Bi-Partisan Agreement on Medicinal Marijuana
Friday, December 3, 2010
For Immediate Release
Contact: Michael Drewniak
Kevin Roberts
609-777-2600
Trenton, NJ –Governor Chris Christie today announced a bi-partisan agreement with the Assembly primary sponsor of the state's medicinal marijuana law on regulations that will ensure timely access to medicinal marijuana for qualified patients while at the same time ensuring the program has adequate safety and security controls.
Governor Christie applauded Assemblyman and Deputy Majority Leader Reed Gusciora for working with the Governor's Office and staff at the state Department of Health and Senior Services to reach the accord on the medicinal marijuana regulations.
"Our agreement with Assemblyman Gusciora is an example of how reasonable minds can come together and craft solutions that are in the best interests of our state," Governor Christie said. "Working together, we have come to an agreement that will prevent further delay to patients who need relief from the symptoms of debilitating illnesses. At the same time, we are protecting the interests of all residents of the state of New Jersey by preventing some of the abuses that we have seen in other states."
The agreement reflects a good-faith compromise between the Administration and the primary sponsor of the legislation on the best way to move forward with a responsible, medically-based program that will avoid the significant fraud and criminal diversion problems experienced in states like California and Colorado.
The key changes in the regulations as a result of bi-partisan agreement are:
Six Alternative Treatment Centers – two each in the north, central and southern regions of the state—will be permitted and each will be able to both dispense and grow medicinal marijuana.
Home delivery and satellite locations for the Alternative Treatment Centers will no longer be allowed.
Only the debilitating conditions originally contained in the law will be subject to the provision that all conventional therapies have been exhausted before a physician can recommend a patient for medicinal marijuana.
The rules still require a maximum THC level of 10 percent. Physicians still must have an ongoing relationship with a patient. Over the course of the first two years of the program, the Department of Health and Senior Services will evaluate many different aspects of the program and consider changes as necessary or appropriate.
"This is a reasonable and fair resolution that will keep implementation of the program on track without unnecessary delay," said Assemblyman Gusciora. "I appreciate the Governor's willingness to work with me on reaching this agreement, which meets our respective concerns. The most important outcome is that those most in need of the benefits of medicinal marijuana will get the relief they need and are entitled to under the law."
"As a physician, it remains important to me that patients who are recommended for medicinal marijuana must have an ongoing relationship with a bona fide physician – who continues to monitor not only their underlying medical condition but their response to medicinal marijuana," said Health and Senior Services Commissioner Dr. Poonam Alaigh. "These changes preserve the integrity of the physician-patient relationship."
The Department of Health and Senior Services had scheduled a public hearing on the original rules for Monday in the War Memorial. That hearing has been cancelled because of today's agreement on changes to the regulations.
====
I guess it's a victory...
Friday, December 3, 2010
For Immediate Release
Contact: Michael Drewniak
Kevin Roberts
609-777-2600
Trenton, NJ –Governor Chris Christie today announced a bi-partisan agreement with the Assembly primary sponsor of the state's medicinal marijuana law on regulations that will ensure timely access to medicinal marijuana for qualified patients while at the same time ensuring the program has adequate safety and security controls.
Governor Christie applauded Assemblyman and Deputy Majority Leader Reed Gusciora for working with the Governor's Office and staff at the state Department of Health and Senior Services to reach the accord on the medicinal marijuana regulations.
"Our agreement with Assemblyman Gusciora is an example of how reasonable minds can come together and craft solutions that are in the best interests of our state," Governor Christie said. "Working together, we have come to an agreement that will prevent further delay to patients who need relief from the symptoms of debilitating illnesses. At the same time, we are protecting the interests of all residents of the state of New Jersey by preventing some of the abuses that we have seen in other states."
The agreement reflects a good-faith compromise between the Administration and the primary sponsor of the legislation on the best way to move forward with a responsible, medically-based program that will avoid the significant fraud and criminal diversion problems experienced in states like California and Colorado.
The key changes in the regulations as a result of bi-partisan agreement are:
Six Alternative Treatment Centers – two each in the north, central and southern regions of the state—will be permitted and each will be able to both dispense and grow medicinal marijuana.
Home delivery and satellite locations for the Alternative Treatment Centers will no longer be allowed.
Only the debilitating conditions originally contained in the law will be subject to the provision that all conventional therapies have been exhausted before a physician can recommend a patient for medicinal marijuana.
The rules still require a maximum THC level of 10 percent. Physicians still must have an ongoing relationship with a patient. Over the course of the first two years of the program, the Department of Health and Senior Services will evaluate many different aspects of the program and consider changes as necessary or appropriate.
"This is a reasonable and fair resolution that will keep implementation of the program on track without unnecessary delay," said Assemblyman Gusciora. "I appreciate the Governor's willingness to work with me on reaching this agreement, which meets our respective concerns. The most important outcome is that those most in need of the benefits of medicinal marijuana will get the relief they need and are entitled to under the law."
"As a physician, it remains important to me that patients who are recommended for medicinal marijuana must have an ongoing relationship with a bona fide physician – who continues to monitor not only their underlying medical condition but their response to medicinal marijuana," said Health and Senior Services Commissioner Dr. Poonam Alaigh. "These changes preserve the integrity of the physician-patient relationship."
The Department of Health and Senior Services had scheduled a public hearing on the original rules for Monday in the War Memorial. That hearing has been cancelled because of today's agreement on changes to the regulations.
====
I guess it's a victory...
New Jersey: Lawmakers Reject Christie Administration's Draconian Medical Marijuana Regulations
Senate lawmakers voted on Monday, December 13 in favor of a concurrent resolution that forces the Department of Health and Senior Services to revise draft regulations regarding the implementation of the New Jersey Compassionate Medical Marijuana Act. Assembly lawmakers had previously approved the resolution in November.
The Department now has 30 days to rewrite the regulations. (You can read NORML's critique of the draft regulations here.) "Failure to publish proposed rules that are consistent with the intent of the legislature may result in the legislature passing a concurrent resolution to prohibit those proposed rules from taking effect in whole or in part," the resolutions states.
Lawmakers, patients, and reform activists took issue with several aspects of the draft regulations, which they argued violated the intent of New Jersey's yet-to-be implemented medical marijuana law. These included provisions:
requiring qualifying patients to establish that their diagnosed condition has proven resistant to all other conventional therapies;
capping the number of state-licensed medical cannabis producers to no more than two;
restricting the varieties of marijuana available to patients to six strains, and capping the plant's THC content at ten percent;
prohibiting the dissemination of any edible medical cannabis product;
mandating that doctors who authorize their patients to use marijuana must "make reasonable efforts" at least every three months to wean them off the drug.
Earlier this month, Gov. Chris Christie – who has previously voiced disapproval of the state's nascent medical cannabis law – agreed to allow for establishment of six licensed facilities to produce and dispense marijuana to authorized patients, and loosen the eligibility requirements for specific patients. The Senate's vote today indicates that lawmakers will demand the administration to make additional changes regarding how the law is ultimately implemented.
Chris Goldstein of New Jersey NORML and the Coalition for Medical Marijuana – New Jersey said: "[We are] pleased that the New Jersey Legislature heard the concerns of severely ill residents in the continued fight for fair and legal access to marijuana. The vote today sends a strong message to the Department of Health and Senior Services as well as Governor Christie that officials need to craft more reasonable rules for the medical cannabis program. This can only be accomplished by engaging in a transparent process that involves patients and advocates."
NORML would like to thank everyone who wrote e-mails or called their NJ state lawmakers and urged them to support
Senate lawmakers voted on Monday, December 13 in favor of a concurrent resolution that forces the Department of Health and Senior Services to revise draft regulations regarding the implementation of the New Jersey Compassionate Medical Marijuana Act. Assembly lawmakers had previously approved the resolution in November.
The Department now has 30 days to rewrite the regulations. (You can read NORML's critique of the draft regulations here.) "Failure to publish proposed rules that are consistent with the intent of the legislature may result in the legislature passing a concurrent resolution to prohibit those proposed rules from taking effect in whole or in part," the resolutions states.
Lawmakers, patients, and reform activists took issue with several aspects of the draft regulations, which they argued violated the intent of New Jersey's yet-to-be implemented medical marijuana law. These included provisions:
requiring qualifying patients to establish that their diagnosed condition has proven resistant to all other conventional therapies;
capping the number of state-licensed medical cannabis producers to no more than two;
restricting the varieties of marijuana available to patients to six strains, and capping the plant's THC content at ten percent;
prohibiting the dissemination of any edible medical cannabis product;
mandating that doctors who authorize their patients to use marijuana must "make reasonable efforts" at least every three months to wean them off the drug.
Earlier this month, Gov. Chris Christie – who has previously voiced disapproval of the state's nascent medical cannabis law – agreed to allow for establishment of six licensed facilities to produce and dispense marijuana to authorized patients, and loosen the eligibility requirements for specific patients. The Senate's vote today indicates that lawmakers will demand the administration to make additional changes regarding how the law is ultimately implemented.
Chris Goldstein of New Jersey NORML and the Coalition for Medical Marijuana – New Jersey said: "[We are] pleased that the New Jersey Legislature heard the concerns of severely ill residents in the continued fight for fair and legal access to marijuana. The vote today sends a strong message to the Department of Health and Senior Services as well as Governor Christie that officials need to craft more reasonable rules for the medical cannabis program. This can only be accomplished by engaging in a transparent process that involves patients and advocates."
NORML would like to thank everyone who wrote e-mails or called their NJ state lawmakers and urged them to support
thanks for keeping us up to date big mike. now my question is- who is going to be growing at this dispensaries? I dont think licensed physicians are qualified to grow herb. How do you get that job?
https://njmmp.nj.gov/njmmp/index.html
thats the official webpage, when you goto support and FAQ's it says:
Who will grow the medicinal marijuana?
Nonprofit growers will be chosen through a public, competitive process.
try emailing them to get a more definitive answer..
thats the official webpage, when you goto support and FAQ's it says:
Who will grow the medicinal marijuana?
Nonprofit growers will be chosen through a public, competitive process.
try emailing them to get a more definitive answer..
N.J. health department announces 6 medical marijuana growers, sellers
N.J. health department announces 6 medical marijuana growers, sellers
N.J. health department announces 6 medical marijuana growers, sellers
The six legally-sanctioned growers and sellers for New Jersey's medical marijuana have just been announced by the state health department.
They are:
Breakwater Alternative Treatment Center, Corp., Ocean, Central Region; Board of Trustees/Officers: Richard Lefkowitz, CEO; H. Alexander Zaleski, COO. The ATC would be located in Manalapan, Monmouth County.
Compassionate Care Centers of America Foundation Inc. (CCCAF), Jersey City, Central Region; Board of Directors: David Weisser, Michael Weisser and Anastasia Burlyuk. The ATC would be located in New Brunswick, Middlesex County.
Compassionate Care Foundation Inc., West Trenton, Southern Region; Board of Trustees: William J. Thomas, David Knowlton, James C. Herrmann, Ann Marie Hill, Jeffrey Warren, JoAnn Lange, Mark Dumoff. The ATC would be located in Bellmawr, Camden County
Compassionate Sciences, Inc. ATC, Sea Cliff, NY, Southern Region; Board of Trustees, CEO Richard Taney, Dr. Steven Paterno, CFO Jack Burkolder; Webster Todd. The location of the ATC is undetermined, but will be located in either Burlington or Camden County
Foundation Harmony, Cliffside Park, Northern Region; Board of Directors: Maria Karavas, Ida Umanskaya, Margarita Ivanova and Dmitri Bajanov. The ATC would be in Secaucus, Hudson County
Greenleaf Compassion Center, Montclair, Northern Region; Board of Trustees: Joseph Stevens, president, CEO; Jordan A. Matthews, Robert J. Guarino. The ATC would be in Montclair, Essex County
The state health department released the winning applicants today, despite the Legislature's intent to repeal the medical marijuana program rules draft by the Christie administration. The law's Senate sponsors said they would rather overturn the proposed rules and start over, delaying the start of the program, than allow such restrictive regulations to move forward.
The New Jersey Compassionate Use Marijuana Act requires the health department to license two "alternative treatment centers each in the north, central and southern parts of the state, for a total of six. These six centers must be incorporated as nonprofit agencies, according to the state rules.
Health and Senior Services Commissioner Poonam Alaigh expects a whole lot more from the selected dispensaries than just cultivating, packaging and selling their crop, and running a commercially viable operation. She expects centers to track patient data, including which strains they are using, and how much, and the medical "outcome'' — the benefits and side affects of using medical marijuana.
The state required bidders to pay an $20,000 application, with the promise it would return all but $2,000 to the unselected candidates. Applicants had to show the centers' location is not in a drug-free school zone, and conforms to local zoning of the applicants have applied for a variance to permit the operation, according to the bidding rules.
N.J. health department announces 6 medical marijuana growers, sellers
N.J. health department announces 6 medical marijuana growers, sellers
The six legally-sanctioned growers and sellers for New Jersey's medical marijuana have just been announced by the state health department.
They are:
Breakwater Alternative Treatment Center, Corp., Ocean, Central Region; Board of Trustees/Officers: Richard Lefkowitz, CEO; H. Alexander Zaleski, COO. The ATC would be located in Manalapan, Monmouth County.
Compassionate Care Centers of America Foundation Inc. (CCCAF), Jersey City, Central Region; Board of Directors: David Weisser, Michael Weisser and Anastasia Burlyuk. The ATC would be located in New Brunswick, Middlesex County.
Compassionate Care Foundation Inc., West Trenton, Southern Region; Board of Trustees: William J. Thomas, David Knowlton, James C. Herrmann, Ann Marie Hill, Jeffrey Warren, JoAnn Lange, Mark Dumoff. The ATC would be located in Bellmawr, Camden County
Compassionate Sciences, Inc. ATC, Sea Cliff, NY, Southern Region; Board of Trustees, CEO Richard Taney, Dr. Steven Paterno, CFO Jack Burkolder; Webster Todd. The location of the ATC is undetermined, but will be located in either Burlington or Camden County
Foundation Harmony, Cliffside Park, Northern Region; Board of Directors: Maria Karavas, Ida Umanskaya, Margarita Ivanova and Dmitri Bajanov. The ATC would be in Secaucus, Hudson County
Greenleaf Compassion Center, Montclair, Northern Region; Board of Trustees: Joseph Stevens, president, CEO; Jordan A. Matthews, Robert J. Guarino. The ATC would be in Montclair, Essex County
The state health department released the winning applicants today, despite the Legislature's intent to repeal the medical marijuana program rules draft by the Christie administration. The law's Senate sponsors said they would rather overturn the proposed rules and start over, delaying the start of the program, than allow such restrictive regulations to move forward.
The New Jersey Compassionate Use Marijuana Act requires the health department to license two "alternative treatment centers each in the north, central and southern parts of the state, for a total of six. These six centers must be incorporated as nonprofit agencies, according to the state rules.
Health and Senior Services Commissioner Poonam Alaigh expects a whole lot more from the selected dispensaries than just cultivating, packaging and selling their crop, and running a commercially viable operation. She expects centers to track patient data, including which strains they are using, and how much, and the medical "outcome'' — the benefits and side affects of using medical marijuana.
The state required bidders to pay an $20,000 application, with the promise it would return all but $2,000 to the unselected candidates. Applicants had to show the centers' location is not in a drug-free school zone, and conforms to local zoning of the applicants have applied for a variance to permit the operation, according to the bidding rules.
Would any patients be interested in speaking to local officials and residents in Central Jersey regarding what medical cannabis might mean for their communities?
--
Eric Hafner, Medical Cannabis Policy Advisor
Mail: PO Box 8, Red Bank, NJ 07701 USA
E-Mail: [email protected]
Telephone: +1.732.784.7633
--
Eric Hafner, Medical Cannabis Policy Advisor
Mail: PO Box 8, Red Bank, NJ 07701 USA
E-Mail: [email protected]
Telephone: +1.732.784.7633
Been keeping an eye on this, here is some news. Doesn't look good for their "program." Commissioner and Deputy leaving a week after announcing their dispensary owners.....hmmm....
...
..
Medical Marijuana Group Responds to DHSS Resignations
3/28/2011 - The Coalition for Medical Marijuana--New Jersey (CMMNJ) notes with great concern the sudden resignation of New Jersey’s two top health officials and the continued pressure from Governor Chris Christie to implement unworkable regulations for the medical marijuana program.
Department of Health and Senior Services (DHSS) Commissioner Dr. Poonam Alaigh and Deputy Commissioner Dr. Susan Walsh were tasked with putting the compassionate use law into practice. Both announced their resignations last week coincident with the awarding of permits to run medical marijuana dispensaries, or Alternative Treatment Centers.
CMMNJ would support any investigation into the ATC awards process by the media and/or the Legislature.
NJ DHSS has proposed a set of regulations to implement the Compassionate Use Medical Marijuana Act. A state executive agency is obligated to adhere to both the specific statutory terms and the clear legislative intent but it is not authorized or empowered to effectively rewrite the statute, substituting its judgment for that of the Legislature.
The New Jersey Senate and Assembly have declared the proposed regulations from DHSS to be inconsistent with the law's intent. Senator Nicholas Scutari has introduced SCR151, the final stage of a rare process that would invalidate parts of the rules. This action would empower the Legislature to ensure the integrity of the new law and could avoid any further delays to the program, if it is employed quickly.
CMMNJ supports this legislative resolution to invalidate significant parts of the current medical marijuana program regulations.
It is our hope the new DHSS officials in charge of the Medicinal Marijuana Program will uphold the intent of the law, unlike their predecessors. CMMNJ suggests the following:
- The DHSS Commissioner and Deputies must commit themselves to understanding and openly stating that marijuana is medicine, since that is what the law declares
- DHSS should be responsive to the concerns of marijuana experts and patients. Previous public hearings have elicited hundreds of impassioned pleas from patients, advocates and potential ATC operators that have been uniformly ignored by DHSS.
http://cmmnj.blogspot.com/2011/03/medical-marijuana-group-responds-to.html
.....Medical Marijuana Group Responds to DHSS Resignations
3/28/2011 - The Coalition for Medical Marijuana--New Jersey (CMMNJ) notes with great concern the sudden resignation of New Jersey’s two top health officials and the continued pressure from Governor Chris Christie to implement unworkable regulations for the medical marijuana program.
Department of Health and Senior Services (DHSS) Commissioner Dr. Poonam Alaigh and Deputy Commissioner Dr. Susan Walsh were tasked with putting the compassionate use law into practice. Both announced their resignations last week coincident with the awarding of permits to run medical marijuana dispensaries, or Alternative Treatment Centers.
CMMNJ would support any investigation into the ATC awards process by the media and/or the Legislature.
NJ DHSS has proposed a set of regulations to implement the Compassionate Use Medical Marijuana Act. A state executive agency is obligated to adhere to both the specific statutory terms and the clear legislative intent but it is not authorized or empowered to effectively rewrite the statute, substituting its judgment for that of the Legislature.
The New Jersey Senate and Assembly have declared the proposed regulations from DHSS to be inconsistent with the law's intent. Senator Nicholas Scutari has introduced SCR151, the final stage of a rare process that would invalidate parts of the rules. This action would empower the Legislature to ensure the integrity of the new law and could avoid any further delays to the program, if it is employed quickly.
CMMNJ supports this legislative resolution to invalidate significant parts of the current medical marijuana program regulations.
It is our hope the new DHSS officials in charge of the Medicinal Marijuana Program will uphold the intent of the law, unlike their predecessors. CMMNJ suggests the following:
- The DHSS Commissioner and Deputies must commit themselves to understanding and openly stating that marijuana is medicine, since that is what the law declares
- DHSS should be responsive to the concerns of marijuana experts and patients. Previous public hearings have elicited hundreds of impassioned pleas from patients, advocates and potential ATC operators that have been uniformly ignored by DHSS.
http://cmmnj.blogspot.com/2011/03/medical-marijuana-group-responds-to.html
Looks like he just got assurance that the feds most certainly WILL prosecute state employees. And banks, and credit card companies, and dispensaries, and growers, and just about everybody except cancer patients. (They just don't have the resources to go after the terminally ill.) I'm going to go out on a limb here and predict the governor's going to shut down the mmj program. And it's win-win for him. He not only gets his way, but he can blame it entirely on the feds.
Thought this article may have important info. relating to NJ:
http://news.yahoo.com/many-us-communities-blocking-medical-marijuana-204810210.html
More and more states are saying yes to medical marijuana. But local governments are increasingly using their laws to just say no, not in our backyard.
In California, with the nation's most permissive medical marijuana laws, 185 cities and counties have banned pot dispensaries entirely. In New Jersey, perhaps the most restrictive of the 17 states that have legalized marijuana for sick people, some groups planning to sell cannabis are struggling to find local governments willing to let them in.
Dispensaries have also been banned in parts of Colorado and have run into opposition in some towns in Maine.
Local politicians have argued that pot is still illegal under federal law, that marijuana dispensaries bring crime, and that such businesses are just fronts for drug-dealing, supplying weed to people who aren't really sick.
Cities and towns are prohibiting dispensaries outright or applying zoning ordinances so strict that they amount to the same thing. The ordinances typically set minimum distances between such businesses and schools, homes, parks and houses of worship.
The township manager of Maple Shade, N.J., where the zoning board last year turned down an application for a dispensary at the vacant site of a former furniture store, said his town was just following zoning law. But Gary LaVenia said it is easy to see why people would be nervous about legal pot-dealing in their communities.
"People read the accounts of what's going on in the other states, like Colorado, like California," he said. "Regardless of the fact that use here is the most regulated, people still read those accounts and assume that that's what's going to happen here."
Medical marijuana advocates say the resistance is going to hurt people in desperate need of relief.
"It prevents patients with mobility issues from getting their medication," said Kris Hermes, a spokesman for Americans for Safe Access, an Oakland, Calif., group. "It also pushes patients into the illicit market."
States such as California and Colorado have seen an explosion in the number of pot dispensaries, along with criticism that the rules are so lax that practically anyone can buy weed. Also, there have been cases of violence involving people trying to steal pot from dispensaries.
Local governments are within their rights to restrict or keep out pot businesses, said Lars Etzkorn, program director for the National League of Cities.
"Land-use and business regulation are the most fundamental decision-making that local officials are entrusted with," he said. "Local communities, the local electorate, can decide what sort of level of regulation they want."
But medical marijuana is particularly thorny, he said, because it can place mayors and town councils in an awkward position of deciding whether to follow federal law, which makes marijuana possession and use a crime, or state law. Several state laws that say pot is OK for medicinal purposes were passed by the voters.
Advocates say the drug can relieve pain, nausea and other symptoms, especially in people with cancer, AIDS, glaucoma and multiple sclerosis.
Some states, including Oregon and Michigan, have legalized medical marijuana but not dispensaries. Patients are expected to grow their own or obtain it some other way.
In 1996, California voters made their state the first to legalize medical marijuana, and there are now an estimated 1,000 dispensaries around the state. A clarifying state law passed in 2003 left a lot of the specifics up to city and county governments, and many have relied on that measure to adopt their own regulations.
According to ASA's tally, 60 governments in California have rules for local dispensaries, often including where they can be located. Several, like San Diego, have zoning regulations so restrictive that they are effectively an outright ban, Hermes said.
In Los Angeles a little-enforced part of the local law bars pot sales within 1,000 feet of any home — a measure that would ban dispensaries nearly everywhere.
In recent years, though, California cities have become more likely to ban dispensaries altogether. Since 2004, three times as many city and county governments in California have enacted bans as they have rules. The most populous city with a ban so far is Fresno, with a half-million residents.
The legality of several of the regulations and bans is being slugged out in court. But last year, a court found that the city of Riverside was within its right to nix any dispensaries.
Elsewhere around the country, Maine has amended its medical pot law to block towns from imposing tighter zoning restrictions than those included in state law.
In New Jersey, lawmakers made pot legal for patients with certain conditions in January 2010, but there is still no place where they can get it legally.
The state has authorized six nonprofit groups to grow and sell cannabis. So far, only one has announced that it has secured local approvals — in Montclair, a liberal New York City suburb where no zoning hearing was required. Three others have been shut out of their chosen locations by local government bodies, despite assurances that security at the dispensaries would be tight and that pot would be given only to patients who are truly sick.
One of those communities, Upper Freehold Township, adopted an ordinance last month banning zoning approvals for any business purpose that defies federal law.
Charles Kwiatowski, a 40-year-old MS patient who lives nearby, spoke at the meeting about how marijuana eases his symptoms better than any combination of the 27 prescription painkillers, muscle relaxers and other drugs he has tried over the years.
He said that a few weeks ago, he thought he was buying marijuana from a dealer in Asbury Park but ended up with Spice, an herbal mix that resembles marijuana and can cause hallucinations that last for days. He said it didn't ease his symptoms.
"It didn't help me to waste my $50 on something that wasn't going to help my problem," he said. "It only forced something far worse than marijuana into my life."
Andrei Bogolubov, spokesman for a group that was denied permission for a medical marijuana business in Maple Shade, N.J., said he is going to keep looking for a more welcoming town and realizes he is going to have work harder to change people's minds.
"Since this is new and there's a lot of misunderstanding out there, you've got to do more," he said.
___
AP interactive - http://hosted.ap.org/interactives/2011/medical-marijuana/
___
http://news.yahoo.com/many-us-communities-blocking-medical-marijuana-204810210.html
More and more states are saying yes to medical marijuana. But local governments are increasingly using their laws to just say no, not in our backyard.
In California, with the nation's most permissive medical marijuana laws, 185 cities and counties have banned pot dispensaries entirely. In New Jersey, perhaps the most restrictive of the 17 states that have legalized marijuana for sick people, some groups planning to sell cannabis are struggling to find local governments willing to let them in.
Dispensaries have also been banned in parts of Colorado and have run into opposition in some towns in Maine.
Local politicians have argued that pot is still illegal under federal law, that marijuana dispensaries bring crime, and that such businesses are just fronts for drug-dealing, supplying weed to people who aren't really sick.
Cities and towns are prohibiting dispensaries outright or applying zoning ordinances so strict that they amount to the same thing. The ordinances typically set minimum distances between such businesses and schools, homes, parks and houses of worship.
The township manager of Maple Shade, N.J., where the zoning board last year turned down an application for a dispensary at the vacant site of a former furniture store, said his town was just following zoning law. But Gary LaVenia said it is easy to see why people would be nervous about legal pot-dealing in their communities.
"People read the accounts of what's going on in the other states, like Colorado, like California," he said. "Regardless of the fact that use here is the most regulated, people still read those accounts and assume that that's what's going to happen here."
Medical marijuana advocates say the resistance is going to hurt people in desperate need of relief.
"It prevents patients with mobility issues from getting their medication," said Kris Hermes, a spokesman for Americans for Safe Access, an Oakland, Calif., group. "It also pushes patients into the illicit market."
States such as California and Colorado have seen an explosion in the number of pot dispensaries, along with criticism that the rules are so lax that practically anyone can buy weed. Also, there have been cases of violence involving people trying to steal pot from dispensaries.
Local governments are within their rights to restrict or keep out pot businesses, said Lars Etzkorn, program director for the National League of Cities.
"Land-use and business regulation are the most fundamental decision-making that local officials are entrusted with," he said. "Local communities, the local electorate, can decide what sort of level of regulation they want."
But medical marijuana is particularly thorny, he said, because it can place mayors and town councils in an awkward position of deciding whether to follow federal law, which makes marijuana possession and use a crime, or state law. Several state laws that say pot is OK for medicinal purposes were passed by the voters.
Advocates say the drug can relieve pain, nausea and other symptoms, especially in people with cancer, AIDS, glaucoma and multiple sclerosis.
Some states, including Oregon and Michigan, have legalized medical marijuana but not dispensaries. Patients are expected to grow their own or obtain it some other way.
In 1996, California voters made their state the first to legalize medical marijuana, and there are now an estimated 1,000 dispensaries around the state. A clarifying state law passed in 2003 left a lot of the specifics up to city and county governments, and many have relied on that measure to adopt their own regulations.
According to ASA's tally, 60 governments in California have rules for local dispensaries, often including where they can be located. Several, like San Diego, have zoning regulations so restrictive that they are effectively an outright ban, Hermes said.
In Los Angeles a little-enforced part of the local law bars pot sales within 1,000 feet of any home — a measure that would ban dispensaries nearly everywhere.
In recent years, though, California cities have become more likely to ban dispensaries altogether. Since 2004, three times as many city and county governments in California have enacted bans as they have rules. The most populous city with a ban so far is Fresno, with a half-million residents.
The legality of several of the regulations and bans is being slugged out in court. But last year, a court found that the city of Riverside was within its right to nix any dispensaries.
Elsewhere around the country, Maine has amended its medical pot law to block towns from imposing tighter zoning restrictions than those included in state law.
In New Jersey, lawmakers made pot legal for patients with certain conditions in January 2010, but there is still no place where they can get it legally.
The state has authorized six nonprofit groups to grow and sell cannabis. So far, only one has announced that it has secured local approvals — in Montclair, a liberal New York City suburb where no zoning hearing was required. Three others have been shut out of their chosen locations by local government bodies, despite assurances that security at the dispensaries would be tight and that pot would be given only to patients who are truly sick.
One of those communities, Upper Freehold Township, adopted an ordinance last month banning zoning approvals for any business purpose that defies federal law.
Charles Kwiatowski, a 40-year-old MS patient who lives nearby, spoke at the meeting about how marijuana eases his symptoms better than any combination of the 27 prescription painkillers, muscle relaxers and other drugs he has tried over the years.
He said that a few weeks ago, he thought he was buying marijuana from a dealer in Asbury Park but ended up with Spice, an herbal mix that resembles marijuana and can cause hallucinations that last for days. He said it didn't ease his symptoms.
"It didn't help me to waste my $50 on something that wasn't going to help my problem," he said. "It only forced something far worse than marijuana into my life."
Andrei Bogolubov, spokesman for a group that was denied permission for a medical marijuana business in Maple Shade, N.J., said he is going to keep looking for a more welcoming town and realizes he is going to have work harder to change people's minds.
"Since this is new and there's a lot of misunderstanding out there, you've got to do more," he said.
___
AP interactive - http://hosted.ap.org/interactives/2011/medical-marijuana/
___
