8/6/2009 by Chris Goldstein

Our nation has pioneered humanitarian reform in the modern industrial world. African-American Civil Rights, Women’s Suffrage, GLBT Equality, Labor Fairness, Hispanic and Latino Equality even Environmental Rights to ecosystems and animals are works-in-progress that, although incomplete, are still the resounding achievements of Americans. Yet there remains an area where the personal choices of at least 25 million of us (the true number could be well over 70 million) allows carte blanche to individuals and state entities to physically, emotionally, mentally, legally and socially abuse our own citizens.

Marijuana law reform is something I work on as an issue of Civil Rights and Social Justice. In the new millennium Americans who choose to consume marijuana face outright discrimination for simply interacting with a non-toxic plant.  Our current atmosphere of federal prohibition has done nothing but allow tens of millions of Americans to be arrested and put in jail for a personal and nearly harmless decision.

This state sanctioned bias becomes even worse within the issue of medical marijuana, where citizens face stark and visible oppression on a daily basis. It is here that personal use of cannabis is defined only by the potential benefits.

Many of the 827,000 Americans arrested last year used cannabis for self-treatment. Our fellow upstanding, hard-working members of society use cannabis because other therapies have failed to relive their symptoms and pain or they simply cannot afford the regimens of pharmaceuticals that their doctors recommend.

A recent case in New Jersey has highlighted every aspect of the legal discrimination one could face in a state that has not yet passed a local set of cannabis access regulations for medicinal use by patients under a doctor’s supervision.

This week I spoke on the phone with a family struggling under this oppression of prohibition policy. They are dealing with national issues that make headlines every day: Healthcare and Criminal Justice and last week the nation took notice of their case.
 
I first met the father as he pleaded for help: His son is suffering and the family cannot pay for the standard medications prescribed to treat a serious medical condition. The son is  now being denied access to an affordable and effective treatment that hundreds of thousands of Americans utilize every day. Without medication and now facing serious prison time the family recounted the nightmarish scenario that began one year ago.

In August 2008 a New Jersey National Guard Helicopter on a training-flight beat at the hot humid air. Skimming low over the suburban houses of Franklin Township, the swirling rotors were about to whip up a wicked legal storm for 36-year-old John Ray Wilson.

Living with MS and surviving without healthcare, John had been using marijuana to treat his condition. The seventeen cannabis plants spotted by the helicopter pilot growing behind his house were his first attempt to cultivate his medicine. The plants were a desperate act for Wilson who could no longer afford marijuana in the underground market.

There is a mountain of scientific evidence to support John’s choice in therapy. Ken Wolski, a registered nurse and executive director of the Coalition for Medical Marijuana New Jersey writes, “The National MS Society confirmed in an Expert Opinion Paper* that standard therapies often provide inadequate relief for the symptoms of MS such as pain or spasticity and that marijuana helps withthese symptoms. The paper even points out that cannabis could limit disease progression, ” Wolski said. 
 
Today there is a pharmaceutical made from natural cannabis extracts of THC, CBD and other cannabinoids that is administered as an under-the-tongue spray. In Europe, the UK and Canada this marijuana-based medication created by GW Pharmaceuticals called Sativex is prescribed specifically for MS.

CMMNJ’s Ken Wolski: “Relief of the immediate suffering of MS and actually arresting the progression of this incurable disease is a compelling reason for patients to use it therapeutically.”
 
According to the MS Society an estimated 15% of people with the disease already use marijuana for symptom relief. Well known media personality Montel William travelled to Trenton in 2006 and testified before a NJ legislative committee, tearfully describing his on experience using marijuana to treat MS. After seeing Montel speak so passionately about therapeutic cannabis in his own state, John Wilson decided to give marijuana a try.  It provided relief for him too.

Wolski and the volunteers at CMMNJ, including myself, are working with many motivated advocates across the state to help raise awareness and pass the current NJ medical marijuana legislation, S119/A804, The Compassionate Use Medical Marijuana Act. The bill is almost a law after seeing significant momentum in 2009. After getting through two legislative committees and floor vote in the state Senate this year, the final step could be the Assembly floor vote coming up in the fall. Governor John Corzine has said repeatedly that he will sign the bill and NJ Attorney General Anne Milgram has called the proposed medical cannabis program “workable.”

If S119/A804were already law, John Wilson would have a medical necessity defense in regards to marijuana. He might not have attempted to grow at home as he would have had safe, easy access to quality, cost effective medicine. John would have been easily approved into the program and would be living a better life, slowing the progression of his disease with cannabis. But the New Jersey legislature has dragged out the medical marijuana debate over he last 5 years. Right now John lives without any marijuana and in fear of his future as he faces up to 20 years in prison.

One of the reasons the NJ medical marijuana bill has seen such forward progress this year has been the courage of individuals who would directly benefit from the cannabis program stepping forward. Some have appeared in the media, others have testified before the legislature. Charles Kwiatkowski of Hazlet lives with MS and it was his testimony that had a particular impact on the state senators. I called Chuck and asked him to comment on John’s case.

“I too live with the chronic illness MS. For the past 12 years I have grown tired of telling my 3 daughters that we cannot go to the park, beach, boardwalk, etc because of my jerking, painful spasms from multiple sclerosis. If I use a small amount of medical marijuana, less than 1 gram between 5-6 AM daily, I am completely able to do just about anything my daughters want to do for the next 12 hours. Whereas, if I only rely on physicians prescribed pharmaceutical drugs such as OxyContin, Percocets, Baclofen, Neurotin, Elavil I then am stuck in bed or on the couch from nausea and dizziness.”

“Medical Marijuana is the only medicine that truly works to help my family remain active.”

This was the experience John was looking for, not to get high but to lead an active life with less pain.
 
That sweltering day in 2008 when the helicopter pilot notified the New Jersey State Police they sent a specialized team, the Marijuana Eradication Unit. The cannabis plants were photographed and described in painstaking detail by the well-paid police staff, whose job is to evaluate pot. Their report reads like the latest issue of High Times Magazine with nuanced descriptions and photos of the living marijuana.

Then they searched the house, turning up some empty baggies and a single fragment of a hallucinogenic mushroom. Now John faces the following charges:

-         First-degree maintaining or operating a drug-production facility
-         Second-degree manufacturing
-         Third-degree drug possession

If convicted on all charges John faces up to 20 years in prison. Serving the full term would amount to a death sentence for an MS patient his age.
 
Frederic DiMaria Jr., a criminal defense attorney and Chair of
NORML-NJ, a non-profit marijuana reform group I work with, has become an expert in defending local consumers who run afoul of prohibition policy. I asked him to comment on the Wilson trial: “I have witnessed and represented many in Mr. Wilson’s exact position. Once a medical marijuana patient is arrested and thrust into the New Jersey criminal justice system, that patient can rest assured that he/she will be totally stripped of all access to medical marijuana by the Court, who will force that patient to ultimately chose between giving up their medicine or going to jail for an extended term,” DiMaria said.
 
The most serious charge against Wilson is First-degree maintaining or operating a drug-production facility. This offense was originally intended for cocaine or heroine enforcement and had marijuana added later to the description.

Wilson’s defense attorney, James Wronko described the statute to me via phone: “As initially enacted this offense did not apply to marijuana. The statute was later amended in 1997 to include facilities dealing with large amounts of marijuana. For an unknown reason, the legislature then concluded that 10 or more plants could constitute the ‘large amount of marijuana.’ At the same time, the legislature determined that one who manufactured or grew marijuana in quantity of 10-49 plants would be guilty of a second degree and 50 or more plants would constitute a first degree charge.”

Seventeen plants would seem to put John into the category of a second-degree offense. But here comes the real stinger, as Wronko explains,” The Attorney General’s Office has argued and the trial court has agreed, that a person who grows marijuana on two or more days is guilty of the first degree offense of “Maintaining a Narcotic Production Facility.’”

To the layperson it is obvious that marijuana plants will take longer than one or two days to grow. Thus, as is the case with Wilson, the state of NJ has the option to use the very serious first-degree offense in nearly any case where prohibition enforcement involves marijuana cultivation. Use of this statute to this extreme is largely at the prosecutor’s discretion.

Because it was the State Police Marijuana Eradication Unit who processed the plants it is not the local county District Attorney who is arguing the case, but the more powerful State Attorney General’s Office. The prosecution is being led by Deputy Attorney General Russell Curley, who has successfully attempted to circumvent any argument that the plants were grown for John’ personal, medical use. Ironically, Curley’s own office issued recommendations to enact the New Jersey Compassionate Use Medical Marijuana Act just weeks after Curley filed his initial briefs trying to keep John’s MS from the jury. It may be the deep understanding of the proposed law on the part of the Attorney General’s Office that has allowed them to mount such an aggressive prosecution of John Wilson.

It was the decision made by the Superior Court Judge Robert Reed at a pre-trial hearing last week that made national news. Again, Wilson’s defense attorney James Wronko:  “The Trial Court has ruled that Mr. Wilson cannot argue that he grew the marijuana of medical purposes. Moreover, he cannot even mention to the jury that he suffers from multiple sclerosis at all.”
 
Such a ruling made national news and for good reason.

In California and other states where MS patients already enjoy legal access to cannabis there was outrage. Here in New Jersey, it was a wake up call among the reform community and to the general public. Many here were already aware that it was the brave fight of a dying MS patient Cheryl Miller that served as the catalyst for the local effort.  News surrounding the NJ medical marijuana bill’s progress has highlighted sick and dying residents who plead for safe access yet DAG Curley argued in court that if the jury knew about John’s MS then it would garner him undue sympathy.

Aware of the legislation, Judge Reed wrote in last week’s ruling “If medical marijuana use is to be recognized as an exemption to our criminal law, the legislative process must produce that result. This court will not do so.”

The Attorney General’s Office has played expertly to that end. On one hand issuing recommendations to refine the medical marijuana bill and on the other hand using the active legislation against John’s defense.

But keeping John’s condition from the jury may create problems of its own.

Criminal Defense Attorney Frederic DiMaria Jr.: “Many juries are angry when they subsequently learn they convicted a sick patient for using helpful medicine.  While there are legitimate legal reasons for such seemingly compassionless Court mandates (which are based upon the premises that our federal government still stubbornly refuses to recognize marijuana’s proven medical promise) the judicial system is obviously malfunctioning and totally devoid of common sense or compassion in the area of medical marijuana. Hopefully, Mr. Wilson’s case will finally publically illustrate the critical need for a medical marijuana law in New Jersey for sick and dying patients. “

The current legal and physical reality for John is not pretty.

Frederic DiMaria Jr.: “Since the Court ties the hands of medical marijuana patients tightly by refusing to allow them to tell juries the entire truth, there are not typically many options for those arrested, other than to give up their medicine and suffer both the effects of their un-medicated illnesses and the wrath of an angry criminal justice system simultaneously.”

When I spoke to John along with his mother and father last week they did not expect at any time for the charges to be dropped or to win a full acquittal just because of his illness. But even the threat of 20 years for 17 plants is out of place in modern America when thirteen of our United States operate active medical cannabis programs.
 
One of the most compelling reasons why the New Jersey legislature needs to pass the Compassionate Use Medical Marijuana Act is that this kind of treatment of NJ residents who use therapeutic cannabis is the status quo.

Di Maria “Sadly, I am not at all surprised by the developments in State v. John Ray Wilson, the multiple sclerosis sufferer who is currently on trial for growing medical marijuana for his own personal treatment.  While the story shocks the conscience of the average public,  truth-be-told, and contrary to popular public belief, the New Jersey criminal court system does not currently allow patients to bring medical necessity defenses for using marijuana.  As a criminal trial attorney and a marijuana reform advocate, I can assure you that the plight of Mr. Wilson, while very sad, is identical to countless other New Jersey medical marijuana patients who, every single day, get foisted into the same criminal justice system for doing nothing other than taking marijuana medically to alleviate profound suffering. It is commonplace for Judges, prosecutors and local police to fully (and irrationally) prosecute medical marijuana patients with no regard to their medical needs or the level of their pain and suffering.”
 
John had already gone to extremes to treat his MS even utilizing bee-sting therapy, where he allowed live bees to sting him in order to relieve pain and spasticity. Now he may end up in prison. A years-long term in state prison is a therapy that no one recommends to treat MS.

Ken Wolski of the CMMNJ pleaded with the Attorney General’s Office in a letter last November: “I don’t know if you ever saw a patient suffer and die from MS, but I have in my 32 years as a registered nurse (RN).  It’s not a pretty sight. This matter cries out for the exercise of compassion.  It is not a matter of criminal prosecution but of patient persecution.  John is not a gang member inflicting pain on innocent residents, a street thug or a white-collar criminal defrauding thousands of people of their savings.  You well know we have ample real criminals in this State.  Does this State wish to spend precious limited resources on prosecuting patients?”
 “Are there not a multitude of better uses for your staff time and budget to benefit the people of New Jersey than inflicting greater suffering on John Wilson?  Would the State not be better served if all prosecutors stopped wasting public resources prosecuting patients?  Moreover, is it even justice to prosecute people like John Wilson for trying to ease their pain from a horrible disease, especially when such treatment causes no harm to any innocent persons?  The “crime” in patient cases is a technical statutory violation that our legislature is working on changing.  Prosecuting patients is not being tough on crime; it is being heartless on patients.”
Thus in New Jersey John Ray Wilson and many others face the same choice in healthcare: Medicine or Jail.
It is for his personal choice to use an effective and scientifically proven therapy that has brought the tremendous resources of the state criminal justice system down upon him. If this is not oppression, discrimination and a blatant violation of human rights then what is?
###
The Coalition for Medical Marijuana will be holding a rally in support of John at the Somerset County Courthouse on August 21st. CMMNJ has also posted a link on their website so those interested in the case can make a PayPal donation directly to the Wilson family to aid in his legal defense.
More information about the New Jersey legislation, medical marijuana and John Ray Wilson can be found at www.cmmnj.org 
*NOTES:
“Recommendations Regarding the Use of Cannabis in Multiple Sclerosis,” Expert Opinion Paper, National Clinical Advisory Board of the National Multiple Sclerosis Society, 2008.
http://www.nationalmssociety.org/about-multiple-sclerosis/treatments/complementary–alternative-medicine/marijuana/download.aspx?id=1023
 
 ** Randall, R.C., Ed., Marijuana, Medicine & the Law Volume II, Washington, D.C.: Galen Press, 1989, pp. 440-445.  See also: “Multiple Sclerosis and Medical Cannabis,” Americans for Safe Access, 2008. http://www.safeaccessnow.org/article.php?id=4558  

“Emerging Clinical Applications for Cannabis & Cannabinoids, A Review of the Recent Scientific Literature, 2000 — 2008,” Paul Armentano, 2008.  http://www.norml.org//index.cfm?Group_ID=7121

A Civil Right to Marijuana: The John Ray Wilson Case by Chris Goldstein is licensed under a Creative Commons Attribution-No Derivative Works 3.0 United States License.
Based on a work at open.salon.com.
Permissions beyond the scope of this license may be available at http://www.activevoiceradio.com.

NORML-NJ Meetings Yield New Activities, Board Members and Director
 
Toms River 6/27/09 – Chris Goldstein

The Garden State is growing a bumper crop of reform and recent NORML-NJ meetings have yielded a Green Dream Team of motivated marijuana advocates. On June 27, 2009 the Jersey locals gathered for an official meeting of the NORML-NJ Board of Trustees followed by a well-attended Open Meeting. The non-profit group filled its governing Board, created new committees and initiated new campaigns to increase cannabis reform activity in New Jersey.
 
Frederic DiMaria, Jr., Esq., Chairman of the NORML-NJ Board, is a Lodi based criminal defense attorney. Mr. DiMaria has handled hundreds of marijuana violation cases and plans to begin blogging about marijuana legal issues on the NORML-NJ website. 

Anne Davis, Esq., Chair of the NORML-NJ Development Committee, is an attorney specializing in Family Law. Ms. Davis has instructed at Farleigh-Dickinson University in New Jersey and has been active on the National NORML Legal Committee.
 
Allan Marain, Esq. is a New Brunswick based criminal defense attorney who is an expert in defending cannabis consumers against prohibition laws.

William Buckman, Esq. – Mr. Buckman is a criminal defense attorney based in Moorestown who also specializes in civil rights litigation. Mr. Buckman won a landmark case involving racial profiling of drivers by the NJ State Police.
 
Rick Cusick – Mr. Cusick is the Associate Publisher of High Times Magazine; his writing on the topic of cannabis is known around the world. He plans to be very active on the NORML-NJ Board.

Ken Wolski, R.N. and Jim Miller: Mr. Wolski is a Registered Nurse who, with fellow NORML-NJ Board Member Jim Miller, co-founded the Coalition for Medical Marijuana – New Jersey. Both Mr. Wolski and Mr. Miller have been instrumental to NJ medical marijuana legislative efforts.

Nicole DiMaria, Esq. is a corporate attorney specializing in Health Law.
 
Georgine DiMaria is a patients’ rights and health advocate and former Miss New Jersey.

Paul Schroeder, M.P.T. is a licensed physical therapist who takes a keen interest in the medical aspect of cannabis reform.
 
Jeffrey Glock brings his marketing and web design skills to the organization to assist with web-based advocacy.

Delia Pratico is a paralegal and future attorney who has participated in National NORML Conferences and Legal seminars.

Chris Goldstein – A longtime marijuana advocate and founder of NORML’s Daily AudioStash podcast. He has been very active with the medical cannabis effort in NJ and PA. Mr. Goldstein was selected to serve as Executive Director of NORML-NJ.
 
During the June 27 meetings, NORML-NJ also solidified several new activism campaigns, including initiatives to pursue Lowest Law Enforcement Priority ordinances in targeted cities and towns. The organization is planning several NORML-NJ Open Meetings and awareness events in locations around the state to recruit residents into the cannabis reform effort.
 
“Our common cause of reforming marijuana laws has never been so seriously considered than right now in 2009.” NORML-NJ Executive Director Chris Goldstein noted. “Elected officials and the public are not only realizing the benefits of cannabis reform in place around the country but want these concepts integrated into their local communities soon. NORML-NJ will help make that happen,” he said.

NORML- New Jersey

JIm Miller at the Trenton State House: Cheryl Miller Memorial

Pain Politics  – Medical Cannabis In New Jersey

 

 

Chris Goldstein 6/16/09  –  Photos by C. David Feitag

Part II

Trenton State House Dome

The golden dome of the New Jersey State House in Trenton shone under the setting sun on the seventh of June.

With the legislature out of session the streets were nearly empty on the Sunday evening.  Then, as the shadows fell over the weathered façade, a quiet gathering of medical marijuana supporters began to light candles in a vigil for those medical patients who have died, waiting for legal cannabis access.

Cheryl Miller Candlelight vigil

Although Trenton has a somewhat well deserved rough-and-tumble image, the 100 block of W. State Street is clean; lined with old brownstones on one side then anchored on the other by the oldest state capitol building in the nation. 

Directly across the street, opening a wide space between buildings is the state war memorial. The newly designed area reaches back with curved walls and features a prominent statue of Victory at the center. She is strong, almost erotically feminine in her bronze, determined presence. This was a gathering for the fallen of another kind of war, a civil war, a senseless war; Americans versus  Americans over a non-toxic plant.

It was indeed a sense of victory that was with medical marijuana advocates as that week, the NJ Assembly Health and Senior Services Committee passed The Compassionate Use Medical Marijuana Act (A804) forward to a full Assembly vote. This could be the final phase for the 4-year old legislation that Governor Corzine said he would sign. NJ would be the 14^th state to have active, legal medical marijuana access and could be the 5^th to regulate the concept through the legislative process. Many of the advocates holding the warming glass candle holders.

Jim Miller- Trenton State House 6-7-09

It was from these granite steps and rose-colored marble columns in Trenton that Cheryl and Jim Miller began a personal crusade for medical marijuana in the Garden State. But today it was her empty wheelchair, photos of Cheryl and her spiritual presence instead of her in person.

In 2004 Cheryl died of MS complications. For what were ultimately her last years, she lived a life of intense activism and social dialogue that has inspired thousands across the country.

The truth is that Cheryl and Jim were in-your-face activists even though MS had left Cheryl wheelchair bound. She ate marijuana in front of the state house. She ate cannabis  in front of members of Congress, the rolling camera of the press and police. They did this so that everyone watching could see the visible improvements over a few hours when she did utilize this therapy. They rolled her wheelchair/hospital bed into Washington DC and to be directly in front of politicians. They didn’t just advocate, they challenged the powers-that-be and the public to educate ourselves about medical marijuana.

The images of Cheryl and Jim in these activism moments have been seen across the country and moved many to action. Some of those moved to do something have been legislators, such as the NJ medical marijuana bill’s Assembly Sponsor, Reed Gusciora.

So on June 7^th, the day Cheryl passed away, her husband Jim held this vigil at the state house in a memorial arranged by longtime friend William Haney.  This year it had added meaning because Cheryl and Jim’s dream of legalized medical access may be turning to reality with A804 right here in Trenton.

Cheryl and others were remembered, victories celebrated and to work to be done was defined. It would be difficult to describe the speeches and testimonials but thankfully we have video.

More info at www.cmmnj.org

6-16-09 Chris Goldstein

It was 9:30PM on a cold and rainy night in Philly. We were hungry. But not just plain hungry: Massive waves of ravenous sensations accompanied by nearly visual fantasies of food crashed into our brains until no conversation was possible. The only words spoken were of the next morsels that would pass our eager lips. Then someone said THE words and we were off, “Cheese Steak.”

At 9^th and Passyunk in Philadelphia is an establishment that is legend. Actually there are several legends on a tight few blocks surrounding the community baseball field in deep South Philadelphia. Everyone has a favorite. Mine is Pat’s.

There is nothing on the planet Earth like a Pat’s Cheese Steak.

Earlier in the evening we came back to Philadelphia from Jersey over the Walt Whitman Bridge. Low, smoky fog that spat intermittent rain veiled the city skyline and grew haloes around every light. A Phillies home game was in progress at Citizen’s Bank Park so the stadium blasted red and white illuminations into a huge ball of brightness creating a snowglobe in the fog. On the crest of the bridge you could clearly see the massive screen at the park with the at-bat players profiles.

Baseball is a powerfully serious thing in a city defending the World Championship. It makes the ball field hugging cheese steak joints even more of a hot spot among locals. The triangle shaped city block is the center of the Cheese Steak universe and it’s always crowded, teeming with bobbing red hats.

We got in my truck and cruised up 9^th from the stadium area with only the Cheese Steaks on our mind. The Vietnamese video stores and then Italian bakeries rolled past us in silence as we contemplated our order. The Universe told us we were on some pre-destined journey by granting us dream-parking directly in front of Pat’s. (When I am looking for street parking in Philly I sing a little song to myself called “Dream Parking” whose melody and lyrics change frequently.)

On the corner a professional photographer was in the middle of a full-on-pro shoot of a very attractive young woman in unzipped short shorts, half of a black leather jacket and hips that said “Dance me to the Sunrise.” Damn… I wish they really DID say that…

The entire reason this little piece of Gotham is a national landmark rests solely on the unique flavors. The ingredients seem so simple: Ribeye Steak, Roll, Cheese Whiz, onions and a little lard.

But somehow the technique, the ambiance and perhaps some space/time portal to perfect flavinoids make these ingredients join into a supremely unique and satisfying meal.

Pat’s Steaks and Geno’s Steaks have co-existed here for generations. Geno’s has the Vegas style lights and Pat’s has the local grit. Both have a tremendous history of celebrity visits. Both serve up steaks 24 hours a day, 7 days a week and are nearly always crowded. Both have loyal fans. Eating a steak at one of these places is a treat for me, not an everyday thing. It’s an experience all on its own.

There was a good 3-month spell since my last Pat’s Steak. Now everything down to the DNA in my tongue reached out for one. We got lucky and the line thinned just as we arrived: The Universe aligning things for us again like the parking.

 You MUST order correctly and be ready with an exact description of your desired serving.  There is even a large sign giving clear instructions on how to order. We humbly went to the 60ish but ageless and ultimately Philadelphia-esque woman behind the Plexiglas window that is made slightly opaque from the griddle frying goodness. We approach her like a first communion student to a priest.

My turn. “Pizza Steak, with Onions and Whiz.”

It took all of 70 seconds for the meat to be expertly extracted from the sizzling mass of fast heating beef. The extra long, weathered spatula gently placed the steak on the signature Italian roll with the chewy crust. Then comes a lightning fast dipperful of superheated Cheese Whiz. The spatula darts again to the griddle to pick up a load of delectable fried onions. Finally, almost too fast for the eyes to catch there is a stripe of marinara sauce and the complete Cheese Steak is handed to you almost too hot to handle.

Cost: $8.00

And at that price it represents one of the world’s biggest bargains.

I take my steak grab a napkin and sit down. It doesn’t need any seasoning or condiments. At Pats there are red rubber coated picnic tables that are sturdy and comfortable. They are made to hold the traditionally obese Philadelphians who eat these things more often than I will allow myself. The red tables are right on the edge of the street but reside under a generous awning, allowing for Cheese Steaks to be served and eaten in any weather, at any time of year.

Seated and watching the rain, pondering the passers-by reflected in the puddles, I took a moment to prepare myself and then began to eat.

The roll used at Pat’s is distinct and different from their competitors, with a chewy crust and a dense loaf, almost like a baguette except darker. This type of roll holds the grease along with the cheese and sauce perfectly; allowing some of the flavors to penetrate the bread but keeping what could be a big mess neatly in the entire roll.

The steak itself is always perfectly cooked and perfectly tender. It is not stringy or rubbery. Quite the opposite: It’s butter. Secretly seasoned, aggressively tenderized ribeye expertly cooked.

A single bite yields an explosion of flavor across the palette highlighted by the variety of textures. The velvety beef, the creamy yet tart cheese-whiz and the juicy marinara are all brought into focus with the strike of the onions.

I devour, shaking my head like Ray Charles singing “Georgia” at the red picnic bench in the rain in south Philadelphia looking at the sexy model bump for the flash of the diffused lights of the photographer. Each mouthful delivers; there is no diffusion or tolerance to the potent flavors.

Once begun there was no stopping. Under the fluorescent lights of the awning people would fall silent, intent on their task of Cheese Steaks and chili fries before them. Some just stared and opened their mouths, practicing, while others had already started their epic journey into the world of food.

Cheese Steaks are eaten like fish by sharks: Ripped apart in large groups; feeding frenzies; some primeval gathering of humans masticating together. There is a respectable kinship with strangers in sharing this common experience.

My pizza steak was gone in about 14 minutes. Each swallow warming my belly and soul, forming a force-field of fuzzy satisfaction to hold back the cooling night.

Pat’s Steaks. Philadelphia. Phillies home game in progress. It was hard to leave. Though the portions are generous for sure we all agreed we could almost, maybe, perhaps… eat another one right away. But no, no. Like I said, these are a treat. Everything in moderation.

So we went back to the dream parked truck. Slowly we opened the doors and looked lovingly on the weathered little building. The line at the window was getting longer again. It was almost 10:30. The game would be over soon and then this area would be completely mobbed with fans. We rolled past the photo shoot nodding in appreciation to the model and descended back into the rowhomes of South Philly.

The mission was clear and our quest was accomplished. The signature sandwich of our City of Liberty satiated the hunger.  It was night munchie ecstasy at Pat’s King of Steaks in Philly.

 Pat’s Steaks Website

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, 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 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

CMM-NJ: Jim Miller, Ken Wolski, Chris Goldstein

MS Patient Charles Kwiatkowski

NORML NJ, Nicole, Fred and Georgine DiMariaCMM-NJ: Jim Miller, Ken Wolski, Chris Goldstein

Pain Politics – Medical Cannabis In New Jersey by Chris Goldstein is licensed under a Creative Commons Attribution-No Derivative Works 3.0 United States License.
Based on a work at www.activeovoiceradio.com.
Permissions beyond the scope of this license may be available at www.activevoiceadio.com.

On June 4, 2009 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 by telling the room packed with cannabis supporters : “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.”

This commitment to medical marijuana on the part of these legislators in NJ was rather refreshing and unique. And all this was generally good news to the crowded committee room.

But the bill everyone on the committee was supporting was one that had changed dramatically. The new version of A804 was something none of the advocates or opponents in the room had a chance to read yet.

“Substitutions” were made by the committee just that morning that took away home cultivation, removed Chronic Pain from the list of qualifying conditions, put forth the new idea of just 6 Alternative Treatment Centers to grow medical marijuana along with a courier delivery system to serve patients and further restricted physician recommendations.

So, to those packed in like sardines sweating away to testify there was an atmosphere of a tempered victory for medical cannabis. But because of the pre-announced conclusion, testimony was then 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 Gehrig’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.”

Five of us had planned to testify on behalf of the Coalition for Medical Marijuana New Jersey CMM-NJ. But the committee allowed just one of us to come forward and it ended up being me. It wasn’t easy to fairly represent our constituency of medical marijuana patients or the issue overall with such limited time. Here’s that testimony.

The New Jersey Compassionate Use Medical Marijuana Act now goes to the full Assembly for a floor vote this fall. If it passes, the Senate must have a vote of concurrence. Governor Corzine said he will sign it into law, should it pass. www.cmmnj.org

An Open Letter to George Soros and fellow Billionaires

Dear George et al, 

Perhaps you have noticed the rising tide of marijuana law reform in America. The issue is solidly in the mainstream for 2009. No week goes by without progress being made on the issue along with heavy media coverage. Truly, at no other time in the last 30 years has the topic of cannabis reform been more popular and prevalent in state legislatures and the federal government.

I have personally dedicated time and skills towards the goal of ending marijuana prohibition as a volunteer to several local and national groups.

Recently during some of my enthusiastically offered time I have been debating prohibitionists on television, radio and blogs. Too often I hear the same completely false opposition arguments, yet all that backward rhetoric is easily countered with facts about marijuana and my own charming demeanor.

But one hollow prohibitionist statement is somewhat frustrating and directly relates to you Mr. Soros. Frequently the marijuana law reform movement in the US, even the absolutely vital medical marijuana effort, is broadly accused of being funded by “billionaires like George Soros.”

Giving credit where it is due: You and others of your financial stature have made generous contributions to select reform groups over the years. These have been valuable to the reform effort. That support to some groups came when the issue of cannabis reform did not enjoy its current overall popularity. 

But the truth is that those few massive donations have not reached everyone in the marijuana reform movement. Not by a long shot. 

Around America there is the greenest of the grassroots movements, one that includes thousands of active participants who speak up for millions of supporters. It is kept alive with some of the most dedicated volunteer spirit involved in any political movement; everyone working on the common cause of common sense prohibition reform. 

There was a time that I had the privilege to work under contract for NORML-National in Washington DC to create podcasts.  But I have never received any money from a billionaire, certainly never directly from you Mr. Soros.  

That is why it is somewhat surreal in public debates when this humble volunteer (well, volunteer at least) is constantly accused of being well funded by none other than you!

One recent TV debate is an example

 >> Watch WFMZ-Allentown Medical Marijuana Debate Video

Here in New Jersey and Pennsylvania we are working every day on medical cannabis reform and other important issues. We do it for free.  

Our groups of volunteers in PA and NJ are not unique. We are part of a vast network of non-paid advocates in every state. 

But to be clear, we are absolutely not too proud to take money from billionaires. We would welcome your contribution.  

So perhaps you would like to purchase a CMMNJ T-shirt or lapel pin, maybe a PhillyNORML T-Shirt or perhaps just a general (even anonymous) donation to PA4MMJ or CMMNJ….say for around $10 million dollars. 

Perhaps you can invite some of your like-minded friends of similar financial stature like Bill Gates…because as much as I agree that AIDS in Africa is a deadly serious problem; there are thousands of HIV/AIDS patients who must edure fear of arrest along with their condition every day, because they live in American states that do not have a medical cannabis program yet.

Why not help them too?

Locally in PA and NJ we can make a lot happen with the backing of a billionaire or two. 

Just look at what we and other advocates across the country do already, for free. 

Sincerely,
Chris Goldstein

www.cmmnj.org

www.pa4mmj.org

www.phillynorml.org

Therapeutic Cannabis Growing in Pennsylvania

Chris Goldstein 5/24/09  

Seemingly against all odds we have a medical marijuana bill moving forward in Pennsylvania. There are only about a dozen states that have never considered the issue, ever: PA being one of them. 

Yet the quiet truth is that a myriad of factors over the last 4 months have put the odds decidedly in favor of reforming marijuana prohibition for medical therapy. 

 There has been a visible and dramatic shift in this country regarding the overall perception of marijuana. When it comes to therapeutic cannabis or “medical marijuana,” the arguments for reform are not just profoundly backed up by scientific evidence but are also painfully more clear in a down-economy. 

In PA, from the front lines I can tell you this: Awareness of medical cannabis is growing like corn in July. 

HB1393 was introduced to regulate medical marijuana for theraputic use. Built into the bill already is the ability for the Commonwealth to charge the state sales tax on material sold through Compassion Centers. Patients would also have the option of growing cannabis at home. 

Again, all of this is a completely new consideration for every member of the Pennsylvania General Assembly. Governor Rendell has already voiced support and nine Democratic legislators have signed on as co-sponsors. They include members of the Health and Human Service Committee where the bill was already assigned.  

I have personally spoken with several members of the committee and dozens of PA legislative staffers. Few have offered opposition; most have approached the topic seriously and with genuine curiosity.

The bill’s sponsor is a seasoned, successful politician and very active Facebook user with some cross-generational clout; PA Rep. Mark B. Cohen of Philadelphia. 

At the April 29th press conference in Harrisburg to introduce the bill Cohen, the Chairman of the Democratic Caucus included this in this statements: “It’s time to create a new honest image for marijuana – one as a form of treatment that when prescribed [recommended] by responsible doctors could help thousands of people across the Commonwealth.” 

At our group, Pennsylvanians for Medical Marijuana, we are in contact with dozens of patients and other experts across the state. Some of whom are coming forward to be interviewed by the press and interact with legislators. 

This particular group present very powerful arguments in favor of a state authorized medical cannabis program and indeed represent the new image of medical marijuana in PA.

Bradley D. Walter: HIV patient, near Scranton.

A gay man living with HIV Brad has found direct benefits from marijuana. Numerous peer-reviewed scientific studies have shown therapeutic cannabis to be particularly effective for a variety of conditions that affect those with HIV. Brad will testify in public hearing at the PA Legislature. He is currently prescribed the synthetic THC pill Marinol that costs over $1200 per month and needs access to the more economical and medically effective treatment of whole-plant cannabis. 

Ed Pane: Certified Addictions Counselor, Hazelton.

This seasoned professional has worked his entire lifetime in the field of addiction treatment. Mr. Pane believes that medical marijuana is an important therapy that should be available for doctors to recommend to Pennsylvanians. He speaks about the myths associated with marijuana and is well schooled in the scientific facts surrounding cannabis as a treatment for debilitating medical conditions. In 33 years of addiction counseling, Ed has seen thousands of individuals though addiction recovery and challenges the assertion that allowing sick people to have marijuana will have any impact on general use of marijuana. 

Irvin Rosenfeld: federal medical marijuana patient

There are just four people in the United States who have received medical marijuana, supplied directly from the NIDA for 20 years. Irv is one of these few federal marijuana patients. He receives tins of 300 pre-rolled marijuana cigarettes filled with marijuana grown under NIH contract by the University of Mississippi. Irv has testified before numerous state legislative committees as they consider bills related to medical marijuana access.

Link: Patients Out of Time 

Jahan Marcu, Cannabinoid Researcher, Philadelphia

Currently at Temple Medical School in Philadelphia working on his PhD researching the CB1 cannabinoid receptor, Jahan previously investigated cannabinoid synergy at the California Pacific Medical Center Research Institute. He effectively translates complex scientific concepts to a lay audience. As a member of Americans for Safe Access’s Medical and Scientific Advisory Board, Mr. Marcu represents the future of cannabinoid research. He has lectured on the subject of cannabinoids at Cannabis Cooperatives and at New College of California. At San Francisco State University, he investigated the therapeutic applicability of whole plant cannabinoid ratios, correlating these ratios to effects reported by medical cannabis patients and in clinical trials.

Link: Americans for Safe Access 

Patrick Nightingale Esq., Criminal Defense Attorney, Pittsburgh

A former Assistant District Attorney and now a member of the NORML Legal Committee who has seen dozens of marijuana cases in his practice, Mr. Nightingale speaks to the specifics of current prohibition sanctions and how they affect medical patients. He has also had experience with cases involving patients who have legitimate doctor recommendations from other states.

_______________

Here’s another section of that introduction statement for HB1393 from PA Representative Mark B. Cohen (D-202) “We’re talking about allowing patients to purchase medical-grade marijuana a legally and under the care of their doctor rather than them having to purchase uncertain grade marijuana from criminal sources so they can reduce their pain and live their lives.” 

Rep. Cohen’s statements were prescient as those types of patients are now contacting us at PA4MMJ. We are continuing to form local networks around the Commonwealth, so please if you or someone you know want to help, visit our website or contact us. 

Derek Rosenzweig and myself coordinate PA4MMJ in Philadelphia. I work on medical marijuana because it is the most heartbreaking aspect of cannabis prohibition. There are few social justice issues that can be solved easily with working precedents, but access to cannabis therapy is one thing that we can indeed change for the better. We can see the 13 other states that allow doctors and patients to have a choice in this proven treatment. 

Marijuana works for patients. Jail does not. 

If you live in PA and believe in this issue, please join us!

Links:

www.pa4mmj.org 

PA Rep. Mark B. Cohen’s Page

 Recently I did a radio appearance  on the topic of HB1393 at WHP AM 580 Talk Radio  in Harrisburg with RJ Harris in the Morning

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