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Category Archives: Marijuana Reform
A Civil Right to Marijuana: The John Ray Wilson Case
A Civil Right to Marijuana: The John Ray Wilson Case
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.
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Filed under Marijuana Reform
NORML-NJ Meetings Yield New Activities, Board Members and Director
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
Filed under Marijuana Reform
Photos: Cheryl Miller Medical Marijuana Candlelight Vigil – Trenton
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 14th state to have active, legal medical marijuana access and could be the 5th 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 7th, 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
Filed under Marijuana Reform
An Open Letter to George Soros and fellow Billionaires
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
Filed under Marijuana Reform
Therapeutic Cannabis Growing in Pennsylvania
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:
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
Filed under Marijuana Reform
Coming To Pennsylvania: Medical Marijuana
Coming To Pennsylvania: Medical Marijuana
On April 29, 2009 Rep. Mark B. Cohen, the Chair of the House Democratic Caucus, introduced the first bill ever in Pennsylvania to legalize medical marijuana.
The bill, HB1393, is solid legislation that would allow registered patients to grow six plants or purchase cannabis through Compassion Centers. A provision in the bill allows these sales to be taxed.
Representative Cohen has taken on the issue with compassion, courage and drive. At a press conference about the bill on 4/29 Cohen said, “It’s time to create a new, honest image for marijuana,” Cohen continued, “One as a form of treatment that when prescribed by responsible doctors could help thousands of patients across this commonwealth.”
Already, Governor Ed Rendell’s spokesperson has said the Governor believes if doctors say a patient needs marijuana, patients should have access to it.
Also at the press conference were two local marijuana patients: Chuck Homan, a roofer from Manheim Township and Jesse Sullivan a former prison guard from York County.
I participated in the press conference as an advocate representing Pennsylvanians for Medical Marijuana or PA4MMJ.
The reaction from the media and the public has been resoundingly positive. Harrisburg’s legislative press pool is known to be rather conservative, yet the issue was treated with a serious tone and the coverage was certainly fair.
Three newspaper Editorial Boards have endorsed the issue: The Philadelphia Inquirer, The Pocono Record and the Daily Review of Towanda.
The bill has already been referred to the PA House Health and Human Services Committee, which is expected to begin public hearings on the issue this summer.
Over 35,000 marijuana violation arrests were performed in PA in 2008. No one knows how many were using cannabis medicinally. But putting someone with cancer, HIV or MS into the corrections system is a costly endeavor for the State and devastating for the patients themselves.
Thankfully with the introduction of this HB1393, PA is on the way to stopping these needless arrests. Most important, this bill will help get this proven therapy to thousands who could find relief from cannabis.
Those who wish to support the bill may visit pa4mmj.org .
Here’s an incomplete media track for the introduction of HB1393.
First a youtube video of myself and Jesse Sullivan at the press conference.
Next a TV piece by the Harrisburg ABC affiliate Channel 27
Print articles:
KYW1060 NewsRadio – on Medical Marijuana Bill
Filed under Marijuana Reform
PhillyNORML Marijuana March 5/2/09
Philly Marijuana March 5/2/09
On Saturday May 2nd 2009 I joined hundreds of my like-minded friends for the Global Cannabis March seeking an end to prohibition. The event takes place in over 200 US cities. Philly hosts one of the largest.
It is not always sunny in Philadelphia, but it sure is getting a whole lot greener. The only 4-hour break in the past week of rainy weather seemed to happen just for PhillyNORML’s arm of the GCM.
Philadelphia has shown a strong turnout for the annual anti- prohibition rally and this year’s crowd was exceptional, with numbers over 500. The march takes place each year on one of the most popular and well trafficked areas of the city: South Street.
The unique atmosphere of South St has inspired countless musicians, filmmakers and artists. On any given weekend there are thousands of tourists and locals on the sidewalks all day and all night. It is the center of the Philly’s art, music, food, beer and counter cultures all contained in colorful storefronts along one of the oldest streets in our colonial city.
South St is where everyone goes…and I mean everyone. If you want a tattoo or a piercing; a vintage or new guitar; new CDs or vinyl records; local designer clothes, killer t-shirts or posters; great beer, cheese steaks and pizza; hippie-wear, punk-gear, goth make-up or a local head-shop you must stroll up South.
But during the GCM supporters of medical marijuana, decriminalization and marijuana legalization shut down traffic and were walking right in the center behind an obliging police escort.
PhillyNORML March 5/2/09 by C. David Freitag
This year’s large and enthusiastic crowd formed up at Broad and South holding up dozens of colorful signs and banners proclaiming “STOP Arresting Patients!” – “Tax Me Don’t Axe Me” – “Legalize” – “Obama = ‘I Inhaled.’” As the marchers assembled there was a cacophony of sound as cars, cabs and even the city SEPTA buses honked their support.
Participants were all ages, ethnicities and classes. There were college kids, travelers following the Dead, Rastafarians, accountants, business owners and medical marijuana patients.
A most welcome addition was Rob Robinson from New York best known for organizing the annual NY Harvest Festival. The seasoned activist was in town with a back-stage pass for the Dead show at the spectrum that night and we put him to work on the one the 3 bullhorns. Rob got the crowd chanting and cheering.
At 4:20PM Derek Rosenzweig, Rob Dougherty and myself from PhillyNORML began the march. The crowd swelled with each passing block. Residents opened windows and cheered from balconies. Patrons spilled onto the street from restaurants and shops. Thousands cheered us as we held our signs up high and that familiar and sweet smell emanated from the area.
Willy, a professional pizza thrower came out to greet us in his red apron and flour on up to his elbows. He hugged me as we went past thanking us for marching. Hundreds of supporters on the street offered shouts, handshakes, very-high-fives, pats on the back or big hugs to PhillyNORML.
PhillyNORML March 5/2/09 by C. David Freitag
The marchers turned the corner of Second Street to the historic brick pavilion known (appropriately!) as HeadHouse Square and gathered to hear speeches. PhillyNORML and The Coalition for Medical Marijuana in New Jersey had tables to educate the crowd, hand out literature and bring in donations.
There were no arrests made in association with the march, which is a tribute to the participants and the police. Indeed, the authorities thanked us for being so well organized and well behaved.
PhillyNORML’s 2009 GCM showed that the city where our nation was formed is squarely behind ending marijuana prohibition.
What better place to find Liberty for cannabis than Philadelphia?
NOTES
Pennsylvania introduced medical marijuana legislation on 4/29/09- HB1393
More at www.pa4mmj.org
PLEASE contact your legislators to help these bills pass!
PA residents contact elected officials:
http://capwiz.com/norml2/issues/alert/?alertid=13244866
NJ’s Medical marijuana bill, A804, awaits action by the state Assembly.
More at www.cmmnj.org
PLEASE contact your legislators to help these bills pass!
NJ residents contact elected officals- http://capwiz.com/norml2/issues/alert/?alertid=12767456
Filed under Marijuana Reform
Report – Drug Czar’s Office Is Out Of Control
This one was not easy folks. It is scarier over there than any of us thought….
Report – Drug Czar’s Office Is Out Of Control
3/10/09 – Chris Goldstein
The National Academy of Public Administration recently issued a report on the infamous entity of Prohibition, the ONDCP. This is the throne-room of the Drug Czar, whose official title is the Director of the White House Office of National Drug Control Policy.
This young experiment in bureaucracy has been facing increased scrutiny from Congress as prohibition costs ever more billions of dollars. If the ONDCP were measured by any of the other government-accepted standards of performance and mission-success it would have been closed long ago.
But this strange incarnation of American policy is a powerful tool on the wall of the Executive Office of the President. It can and must change drastically under the new administration and NAPA offers a blueprint. But any President would hesitate to willingly part with it; which is one of the few reasons it has survived.
Congress ordered this report from NAPA, so it does carry weight. If even half of the recommendations are followed, the ONDCP will indeed be a very different place.
According to the Panel, it had better be. The portrait painted of the history of the ONDCP and the staff in 2008 makes for the most bone chilling horror for marijuana policy wonks. The biggest criticism of the ONDCP, from other agency officials and those within government, is that it spends far too much energy on marijuana.
At the very beginning, the Panel observes in the report “A number of partner drug agency officials and other drug control stakeholders criticized recent Strategies for narrowly focusing on youth and marijuana to the detriment of other age groups and other illicit drugs, such as Methamphetamine.”
There it is: In the plainest of English possible for the men and women of Congress, to whom this report was addressed. That sentence sums up the catastrophe of the ONDCP on America and a panel of experts in public policy who actually interviewed all of those officals and stakeholders compiled it.
According to the report, the ONDCP invested heavily in a scientifically false theory of “gateways” for “teens” and almost completely ignored adult substance use in the nation. The result was spikes in meth and prescription drug abuse along with an increase in adult marijuana consumption.
Because of the ONDCP’s tunnel-vision on cannabis they released less and less strategy. Their reports contained fewer and fewer pages. In one of the most macabre moves of any war they stopped releasing casualty data. The Report shows that in 2002 they stopped even mentioning “incarceration” let alone quantifying it with data and tables. This saved a lot of space in their publishing.
Apparently the ONDCP even get the fundamentals of their office management wrong, deeply wrong. NAPA’s advice on employment practices: “Create terms of office for Executive Resource Board members, Performance Review Board members, and Senior Performance Officials, who currently serve in these positions at the will of the Director”
It’s good to be the King, I mean Czar huh?
Or how about this one, pointing to an almost paranoid subculture of entrenched political extremists: “Ensure no political affiliation questions are included in the ONDCP student intern Application.”
Wouldn’t want any of Nader’s Raiders around. It’s always those meddling kids.
But the NAPA Panel’s informed advice also hits to the core of the issue, the most pressing question of our times: How much does Prohibition Policy and Enforcement cost?
“RECOMMENDATION 3: The Panel recommends that ONDCP develop a comprehensive National Drug Budget Summary, informed by a multi-year Strategy, that incorporates the total estimated federal expenditures for all supply reduction; demand reduction; state, local, and tribal affairs activities; and other federal activities related to drug control.”
Hold on a second, they don’t even try already to figure all of this out? Well apparently something along those lines was indeed part of the unprecedented authorities and responsibilities heaped upon this amorphous group of 106 people.
The budgetary issues consumed an entire chapter of the NAPA report. Reading it one has some empathy for Presidents’ vague understanding of the impact of Prohibition: Their own office failed to provide comprehensive numbers.
So what have the Drug Czars and their courts done with their Congressionally approved, Presidentially blessed wealth and power instead of compile critical financial data?
Here comes the part that can make you cry.
“While these disparate functions all fell loosely under the umbrella of ONDCP’s mission, the organizational structure evolved into a disjointed structure with many small branches.”
The picture here is of an ONDCP populated by a haphazard group of prohibitionists, each seeking to make noise and utilize their tremendous military manpower resources to follow their own whims of how to fight the so called war-on-drugs. Their only common interest seems to be using those resources against marijuana consumers. Their unprovoked attack on this large group of Americans has cost lives and families, let alone missed economic opportunities over generations.
This report may stand as the sharpest official critique of the controversial office. Most of NAPA’ advice points to areas that the ONDCP needs to stop being involved with other agencies and public interactions. NAPA recommends many slices to streamline the office and put to better use its prodigious taxpayer dollars.
Someone will need to spearhead this effort. The current Police Chief of Seattle, John Kerlikowski, has been spoken of as the next ONDCP Director. The Seattle Police have diligently followed a series of marijuana liberalization ordinances.
The Report lays out the challenge for the new Czar.
“The confirmation of a new ONDCP Director will likely raise philosophical questions such as:
- What is the best approach to drug control?
- What is the appropriate role of the federal government?
- What strategies and programs have worked best in the past?
- Should the federal government’s policy on “medical marijuana” be revised?
- What is the proper balance between supply-oriented and demand-oriented programs?
- In addition, it is possible that the new President may have a different perspective on how ONDCP should be organized and staffed”
This booklet has hopefully been worn-to-torn by staffers in the Obama Administration. But will Congress and the President sit down to read this important Report? They should not ignore these pictures of their “war.”
There certainly can be a peaceful end to this one too.
LINKS:
National Academy of Public Administration
Full NAPA ONDCP Report pdf
NAPA ONDCP Report Press Release
http://www.napawash.org/pc_management_studies/ONDCP_12_09/PR_ONDCP_FINAL.doc
Report – Drug Czar’s Office Out Of control by Chris Goldstein is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 United States License.
Based on a work at freedomisgreen.wordpress.com.
Permissions beyond the scope of this license may be available at http://www.activevoiceradio.com .
Filed under Marijuana Reform
Marijuana History – Live and in Progress
This is a longish post, blog-style. Thanks in advance for getting active!
Marijuana History – Live and in Progress: Don’t Sit On The Sidelines
2/26/09 – Chris Goldstein
At no other time in recent memory have so many broad marijuana law reforms been in progress. Here is a review of what’s happening and how you can help.
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AB 390 Marijuana Regulation Bill introduced in California by Assemblyman Tom Ammiano “This bill would remove marijuana and its derivatives from existing statutes defining and regulating controlled substances. It would instead legalize the possession, sale, cultivation, and other conduct relating to marijuana and its derivatives by persons 21 years of age and older, except as specified. It would set up a wholesale and retail marijuana sales regulation program, including special fees to fund drug abuse prevention programs, as specified, to commence after regulations concerning the program have been issued, and federal law permits possession and sale consistent with the program.”
US Attorney General Eric Holder says DEA raids will stop on medical cannabis patients and facilities. Watch this seminal moment on youtube http://www.youtube.com/watch?v=kjZeW2fcQHM
Congressmen Barney Frank (D-MA) and Ron Paul (R-TX) introduced two Federal reform bills in 2008 HR 5843 “An Act to Remove Federal Penalties for the Personal Use of Marijuana by Responsible Adults” HR5842 “Medical Marijuana Patient Protection Act”
New Jersey Senate passes medical marijuana bill
SB119, The Compassionate Use of Medical Marijuana Act, passed the New Jersey Senate February 23, 2009 by a 22-16 vote. The Assembly companion bill, A804 now moves ahead. New Jersey could be the 14th state to offer a medical cannabis program by the end of 2009.
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Many cannabis consumers may have resigned themselves to an eternal prohibition. Don’t! Pessimism has no place at the height of the battle.
There has already been a wide range of reforms enacted around the country. So recent events could indeed be the water breaking through the dam.
In November Massachusetts voters passed a state-wide marijuana decriminalization bill.
Denver voters decriminalized cannabis possession in their city adding to the list of over 30 municipalities, counties, cities or states that have followed a policy of issuing non criminal violation tickets and fines to consumers over 18 years old and in possession of less than 1 ounce.
Nancy Pelosi, the Speaker of the House, has a home district of constituents who enjoy one of the most accessible areas for medical marijuana in San Francisco.
The anticipated pick for the new Drug Czar, John Kerlikowske, is the police Chief of Seattle. That city decriminalized minor cannabis possession in 2005 and the police there have dutifully followed that policy. Kerlikowske is an absolute 180-degree shift from the demagogue of Prohibition, John Walters.
Our president, Barack Obama, has said he smoked marijuana, “I inhaled frequently….that was the point.” Watch on youtube http://www.youtube.com/watch?v=cpBzQI_7ez8
Moreover, the public, in recent polling, has shown a marked increase in support of medical marijuana access, cannabis decriminalization and all out legalization.
Activists, lobbyists and policy wonks are always quick to assume that policy changes are on the verge of failure. This is a commonly used motivation for almost any policy issue. But the surf is up right now for pot reform, and it’s time to Hang-Ten.
The most common question I get: How do I help? Keep reading to lend a hand with one of the most important Social Justice issues in America.
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How do I help reform cannabis laws?
First, be serious about doing something! Do not just talk about it. Choose an action and make it happen.
Second, do not be afraid. It is understandable that after almost a century of oppression at gunpoint cannabis consumers are reluctant to speak publicly about reform. But remember, there are at least 94 million of us who have tried marijuana once in our lifetime. The numbers are certainly on our side. The facts stated above are also very empowering!
OK, Now that you have taken a deep breath, gotten serious and quelled your fear, here’s what’s next.
– Call or email your Congressperson or Senator RIGHT NOW This is the easiest and MOST EFFECTIVE action you can take to help the cannabis reform effort. Far from an empty task, these phone calls and emails are a major catalyst for politicians. Be ready to get form-letter responses back that may not agree with your own position, but by no means let that discourage you. Your efforts could have those form letters change their response. Need help finding those phone numbers and email addresses? Click Here
– Call or email your local elected officials RIGHT NOW
This means city counselors, County Supervisors, Mayors, police commissioners and State Legislators. Keeping up a steady dialogue on the issue forwards the progress of reform. Need help on those contacts Click Here
– Donate IMMEDIATELY
Plain and simple. Look if you are already a marijuana consumer, you have budgeted a certain amount per month to spend on this recreation. If all pot smokers took just $5 or $10 of their stash money each month and donated it to NORML, DPA, MPP, SSDP, LEAP, ASA or one of the other reform groups, this would be a solved problem. Sounds cliché….but we all know it’s true.
The efforts to change marijuana laws are spearheaded by non-profit groups. Their ability to produce lobbying activities, advertisements, events and keep the best minds and writers for the topic on their staff is dictated by how much money they can raise. Most of the groups mentioned receive some grant money from charitable foundations. But they all rely on public donations, especially at pivotal moments, like we have right now.
If you are looking to keep your donation ultra-local, NORML and SSDP have dozens of local chapters all over the country that can take donation into their individual, local groups. Otherwise, I strongly encourage everyone reading this to make some sort of donation ( no matter how much) to one of the national groups.
– Call out the press
Marijuana consumers are the butt of jokes and are mistreated by the press at nearly every turn. I personally view it as a form of discrimination. Don’t put up with it any more. Almost every news outlet, TV station and radio station have places on their websites to comment generally and on specific stories. Use that. Comment frequently, write Letters to Editors, OPED columns and contact specific reporters when they say something you like, or don’t like. The media is much akin to the government: they both quickly respond to intense public reaction. So react! Don’t let Prohibitionists drive the conversation and pro-drug-war opinions go un-checked. Having the topic of marijuana reform accurately reported by the press and treated with the seriousness it deserves is up to the public as much as Editors and Producers.
– Make media
You have a blog, podcast, youtube channel. You own a computer, video camera and digital camera. You are creative and motivated. So why be shy of marijuana?! Put all of those tools together and help with the reform effort in a more personal way by publishing blogs and making as much online media as possible. There is already a huge online community of Americans interested in cannabis reform. We heartily welcome every single new voice to the choir!
– Get visible
Marijuana consumers and medical patients are doing much too good of a job at keeping this underground. There is no better time to have the courage to stand up at marches, rallies, concerts, events or even on your front lawn to support marijuana reform.
I know it’s not easy, because I do it too. But instead of silence when I drop the word “marijuana” I now get questions. Instead of scowls I get smiles. This is not me singing kumbaya, it is the truth.
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The issue of marijuana reform has missed many opportune moments in our history. There have already been some chances for Prohibition to end. Let’s not watch this moment pass us by.
The only thing that Change is waiting for is YOU!
Filed under Marijuana Reform
Freedom Is Green 
