Month: November 2019

8/16/2011 – Criminal defense attorney William Buckman of Moorestown, NJ has filed an appeal to the state’s highest court for John Ray Wilson. The 38 year old man was convicted on the second-degree felony of “manufacturing” marijuana for growing seventeen cannabis plants.  Last month an appellate court upheld Wilson’s 5-year prison sentence, saying that he could not claim that the plants were for “personal” use.

John Wilson lives without healthcare and battles the symptoms of multiple sclerosis. His conviction in January 2010 came just as the Garden State’s compassionate use law was passed. However, it was the first medical marijuana law in the country that continues to prohibit home cultivation.

In a press release today Buckman said, “New Jersey already has some of the most draconian laws in the nation with respect to marijuana, costing taxpayers outrageous sums to incarcerate nonviolent, otherwise responsible individuals- as well as in this case — the sick and infirm.”

Local cannabis advocates have supported John, demonstrating in front of the Somerset County Courthouse throughout his trial.

Ken Wolski, the Executive Director of the Coalition for Medical Marijuana New Jersey said, “This case has shocked the conscience of the community. Wilson was unable to present his only defense to the jury-that he used cannabis to treat his multiple sclerosis (MS).”

NJ Governor Chris Christie lifted his suspension of the medical marijuana program in July. But the six Alternative Treatment Centers are not likely to open until 2012. The ATCs have millions of dollars in backing from powerful groups of investors.  They will farm thousands of cannabis plants and the sell the products to registered patients, including those with MS.

Wolski pointed out, “These ATCs were not available to John in 2008. Cultivation was the only way that he could afford to gain access. We hope that the Supreme Court will provide justice in this case.”

During his trial, Wilson testified that he told the NJ State Police that he was going to keep all of the marijuana. Wilson also described his medical condition to officers as they searched his home.

Bill Buckman is a member of the national NORML Legal Committee and the immediate past president of the NJ Association of Criminal Defense Lawyers. He is a fierce trial lawyer who won a landmark case against the NJ State Police surrounding the the issue of racial profiling in traffic stops.

“As it stands, the case now allows a person who grows marijuana to be exposed to up to 20 years in jail, even if that marijuana is strictly for his or her own medical use,” said Buckman, “No fair reading of the law would ever sanction this result.”

Chris Goldstein is a respected marijuana reform advocate. As a writer and radio broadcaster he has been covering cannabis news for over a decade. Questions?  [email protected]

5/26/2011 – State Senator Nicholas Scutari (D-Linden) introduced SCR 120 today, a resolution that “Urges the Governor to support and advocate for passage of federal ‘Medical Marijuana Patient Protection Act.’” The move in Trenton comes just one day after the federal legislation was re-introduced in Congress.

The bi-partisan co-sponsors of the federal bill issued a press release on May 25th describing the intent:

The States’ Medical Marijuana Patient Protection Act, authored by Frank and co-sponsored by Stark, Polis and Rohrabacher, would make individuals and entities immune to federal prosecution when acting in compliance with state medical marijuana laws. It would also direct the administration to initiate the process of rescheduling marijuana under the Controlled Substances Act so that it is placed in a schedule other than Schedules I or II.

“The time has come for the federal government to stop preempting states’ medical marijuana laws,” Frank said. “For the federal government to come in and supersede state law is a real mistake for those in pain for whom nothing else seems to work. This bill would block the federal prosecution of those patients who reside in those states that allow medical marijuana”

If passed, the federal legislation would directly benefit New Jersey’s residents who are still waiting for the stalled medical marijuana program to get running. The state is currently waiting for clarification from the US Department of Justice.

SCR 120 has been referred to the Senate Health, Human Services and Senior Citizens Committee.

Individual citizens can support the federal bill by sending emails here.

Chris Goldstein is a respected marijuana reform advocate. As a writer and radio broadcaster he has been covering cannabis news for over a decade. Questions?  [email protected]

Montel Williams at the 2011 NORML Conference in Denver – pic by kimsidwell.com

8/5/2011 – There was tough competition in New Jersey to run the first six Alternative Treatment Centers for medical marijuana. Freedomisgreen has now obtained all of the applications through Open Public Records Act requests. The process was the most expensive in the nation. High-rollers were willing to bet $20,000 on each submission.

The winners were announced in March 2011 and their applications were released soon after. But there was little information on the groups who did not make the cut, until now.

Television host Montel Williams applied for a center in North Jersey based out of Somerset.  Williams has since invested on the West Coast and owns a dispensary in Sacramento, CA.

The New Jersey Council of Teaching Hospitals offered a plan that would incorporate fingerprint ID lockboxes and engage some of the state’s top-dollar medical institutions.  They would have used their existing network of doctors and an impressive list of grant funding contacts.

The big names weren’t the only ones looking to spend some significant coin to get into the non-profit marijuana business.

The Farmacy Inc. was a group of South Jersey pharmacists who work mainly at local CVS branches. But their big contact was Ryan Barna, who appears instrumental to their application. Barna is an active board member at the American Pharmacist Association and the NJ Pharmacists Association, two of the more powerful drug distribution lobbying groups…well, ever.

The Institute for Health Research was a group of vitamin enthusiasts and holistic medicine practitioners. They planned to operate from the Abunda Life Center in Asbury Park, a rather well-known entity in the local area.

Some of the NJ applicants looked outside the state for experience. A group of investment bankers, gaming professionals and finance specialists teamed up with a cannabis entrepreneur in Colorado. The NJ Relief Initiative Inc had Oleg Rutman on the board and boasts that he started the largest patient collective in CO. Garden State Medical Marijuana Associates retained expert consultants including Steve D’Angelo the owner of Harborside Health Services and the new reality star of Discovery Network’s “Weed Wars.”

Here are the organization names, name of the executive director and the proposed location(s). Some of these groups won an ATC contract with separate submissions.

Abatin Wellness Center- Montel Williams – Northern NJ, Somerset

Grow Well – Bonnie Johnson – Southern NJ, Egg Harbor

Institute of Health Research – Ralph Fucetola – Central NJ, Asbury Park

New Jersey Healthy Choice – Daniel Kane – Northern NJ, Bayonne

New Jersey Relief Initiative  – Joseph Coffey  – Northern NJ, Moonachie

Alternative Medical Concepts – Christopher Camal – Central NJ, Kenilworth – Northern NJ, Edison, Carlstadt and Clifton – Southern NJ Westville and Pennsauken

Compassion Collective of Camden County – J. Peter Rosenfeld – Southern NJ, Pennsauken

Compassionate Care Foundation  – William Thomas – Southern NJ and Central NJ

Farmacy Inc – Mark Makhinson – Southern NJ, Lumberton

Garden State Alternative Solutions – Hugo Bartell – Northern NJ, Newark

Gold Leaf – Jabrai Golden – Northern NJ, East Brunswick

New Jersey Council of Teaching Hospitals – J. Richard Goldstein MD – Central, NJ and Southern NJ

New Jersey Medicines – Ray Smith – Central NJ, Shrewsbury

Compassionate Care Centers of America – David Weisser – Northern NJ, Secaucus

Compassionate Marijuana Alliance – Ibere Peter Calvo – Northern NJ,  Newark

Patient Wellness Center – Alfred Lombardi – Northern NJ, Paterson

Garden State Medical Marijuana Associates –  Ron Simoncini – Northern NJ, Secaucus

Compassionate Sciences Inc – Richard Taney – Central NJ and Northern NJ

Most of the prospective Garden State cannabis dispensaries had multi-million dollar funding supplied by their Boards of Trustees. But even the groups that had start-up expenses below $350,000 were projecting over $1 million in cannabis sales by the end of their second year.

Freedomisgreen will make the full applications available via Scribd.com over the weekend. The documents were redacted by the NJ Department of Health and Human Services before release.

The six applications that were accepted are online already: http://www.scribd.com/NJcannabisDocs

Chris Goldstein is a respected marijuana reform advocate. As a writer and radio broadcaster he has been covering cannabis news for over a decade. Questions?  [email protected]

Medical cannabis growing at Oaksterdam via Chris Goldstein

11/2/2012 – John O’Brien, the director New Jersey’s Medicinal Marijuana Program (MMP), reported today that the state’s only cannabis provider was unaffected by Hurricane Sandy.  Greenleaf Compassion Center is the single, fully permitted Alternative Treatment Center. They operate a dispensary in Montclair, NJ and a growing facility at an undisclosed Northern New Jersey location.

O’Brien said via email this morning: “The Greenleaf cultivation facility didn’t miss a beat, no loss of power.  Their harvested product is good and the new cultivation is doing well.  Mr. Stevens [Greenleaf CEO] and company have assembled a secure and sustainable facility.  He deserves a lot of credit for his planning and forethought.”

Concern has turned to relief among registered and potentially qualifying NJ patients who wondered if the historic storm could have an impact on the nascent program.

Patients have started to receive their identification cards from the NJ Department of Health (DOH). Still, prior to the storm Greenleaf ATC had not started serving patients just yet.

O’Brien did not give a time-frame but said, “We continue to work with Joe towards an opening date.”

Advocates at The Coalition for Medical Marijuana New Jersey (CMMNJ) point out that severe weather is just one of the reasons why more medical cannabis ATCs must be opened in different regions of the state. NJ is the first state to pass a compassionate use law that does not include provisions for home cultivation by patients or caregivers. Governor Chris Christie and NJDOH regulators have also refused to allow the ATCs to deliver cannabis to homes; a common practice with pharmaceutical medication.

At the moment, any registered NJ medical marijuana patient or their registered caregiver must travel to Greenleaf ATC to purchase cannabis that is legal under the law. Montclair is in northern New Jersey, just outside New York City. Although the area is easily accessible via roads and public transit, MMP participants in southern NJ (such as Cape May County) face a 10-hour round-trip journey, under the best conditions.

NJ MMP website: http://www.state.nj.us/health/medicalmarijuana/index.shtml

Chris Goldstein is a respected marijuana reform advocate. As a writer and radio broadcaster he has been covering cannabis news for over a decade. Questions?  [email protected]

The New Jersey state Senate Health, Human Services and Senior Citizens Services Committee held a public hearing on January 20, 2011 on resolution SCR 130. This is part of a constitutional process to rescind and re-write overly restrictive rules for the medical marijuana program.

John Ray Wilson in 2010

10/6/2011 – John Ray Wilson has been granted bail by the New Jersey Appellate Division pending his final appeal to the State Supreme Court. Although the New Jersey Deputy Attorney General Russell Curley requested $150,000 cash, the judge set $15,000 and allowed a posting of 10 percent.

His family moved quickly to secure Wilson’s release. In a phone call this week John said he was glad to be home, “My grandma needs a lot of help right now, so at least I can be there for her.”

In January 2010, just as the NJ medical marijuana law was passed, Wilson was convicted of growing 17 cannabis plants. Wilson lives with multiple sclerosis and without health insurance. He has always maintained that the marijuana was cultivated for his personal medical use.

This is the second time that Wilson has been incarcerated and bonded out as his case continues through the courts.

MS is one of the few recognized medical conditions under the New Jersey Compassionate Use Medical Marijuana Act. Cannabis treats muscle spasticity in MS patients and been shown to slow the progression of the disease.

New Jersey’s medical marijuana program remains in trouble. Delays and added restrictions imposed by Governor Chris Christie have kept state-sanctioned cannabis from being grown or distributed. Patients with qualifying conditions have only the illegal, underground market for access.

Wilson may not use cannabis while on bail and has gone back to using bee-sting therapy.

The NJ Appellate Division ruled that “manufacturing” marijuana can never be considered for personal use (medical or otherwise).

Legal observers note that granting bail may hint that the state’s highest court may take up the case.

“We think that the appellate decision is misguided,” said Wilson’s attorney William Buckman, “we are hoping that the Supreme Court will set the record straight that New Jersey doesn’t want to put sick people or simple individual marijuana users into prison at the cost of $35,000 a year.”

Officials may announce the winning applications for the medical marijuana Alternative Treatment Centers  (ATCs) in the Garden State today. The New Jersey Department of Health and Senior Services (DHSS) confirmed in an email that they would release a statement.

More than 20 applicants submitted exhaustive business plans along with a $20,000 filing fee. But the regulations governing the ATC facilities have not been finalized and remain in a Legislative dispute. Potential non-profits have stated that they would find it nearly impossible to operate under the current proposed rules, even if the state does give them a green light.

Read more: NJ Health Commissioner treats medical marijuana patient

4/13/2011 – Documents from the application process in New Jersey for the medical marijuana Alternative Treatment Centers are being released. The Coalition for Medical Marijuana New Jersey (CMMNJ) and Freedomisgreen.com acquired the six applications that were approved.They are posted online for public download here: http://www.scribd.com/NJcannabisDocs

Requests for the information were filed through the Open Public Records Act (OPRA) with the Department of Health and Senior Services (DHSS).

DHSS officials said that the scoring and review documents from the application process are being released later today. The additional twenty-five unapproved applications are expected later this week.

CMMNJ and Freedomisgreen.com will continue to post the documents online for public review.

On March 21, 2011 New Jersey Department of Health and Senior Services (DHSS) announced the winning applications for the medical marijuana Alternative Treatment Centers (ATCs) in the Garden State. Twenty-one applicants submitted exhaustive business plans along with a $20,000 filing fee.

The non-profit’s are:
· Breakwater Alternative Treatment Center, Corp., Ocean, Central Region; The ATC would be located in Manalapan, Monmouth County.

· Compassionate Care Centers of America Foundation Inc. (CCCAF), Jersey City, Central Region; The ATC would be located in New Brunswick, Middlesex County.

· Compassionate Care Foundation Inc., West Trenton, Southern Region; The ATC would be located in Bellmawr, Camden County.

· Compassionate Sciences, Inc. ATC, Sea Cliff, NY, Southern Region; The location of the ATC is undetermined, but will be located in either Burlington or Camden County.

· Foundation Harmony, Cliffside Park, Northern Region; The ATC would be in Secaucus, Hudson County.

· Greenleaf Compassion Center, Montclair, Northern Region; The ATC would be in Montclair, Essex County.

However the regulations governing the facilities have not been finalized and remain in a hard-fought Legislative dispute.

Ken Wolski the executive director of The Coalition for Medical Marijuana-New Jersey (CMMNJ) said,

“We certainly wish the successful applicants luck because patients need legal marijuana as soon as possible.   However, we have serious doubts that these non-profit organizations will be able to develop a working program with the overly restrictive regulations proposed by DHSS.  CMMNJ still supports the legislative Resolution to invalidate significant parts of the DHSS regulations.”

Read the full press release from NJ DHSS here: http://www.state.nj.us/cgi-bin/dhss/njnewsline/view_article.pl?id=3681

As New Jersey’s Governor Chris Christie continues to stonewall, delay and deny voter-approved medical marijuana legislation, women like Irvina Baker go without alternative treatments to serious illnesses. This New York Times piece is an excellent example of how our elected officials decide how laws will or will not be implemented, based on their own political agenda, and not the will of the people.

Irvina Booker makes a most unlikely criminal. She lives in constant pain, disabled by multiple sclerosis and arthritis, a grandmother whose limited mobility depends on her walker, her daughter and marijuana.

Irvina Booker at her home in Englewood, N.J. She expressed frustration about the lack of access to medical marijuana.

“I never smoked it before I got sick, and I don’t smoke it for fun,” said Ms. Booker, 59, who lives in Englewood, N.J. She would not divulge how she obtains her marijuana, but said, “I don’t want to be sneaking around, afraid someone is going to get arrested getting it for me.”

Like many people who contend that marijuana eases pain and appetite loss from serious diseases, Ms. Booker cheered in January 2010, when New Jersey legalized its use in cases like hers. But a year and a half later, there is still no state-sanctioned marijuana available for patients, and none being grown, and there is no sign of when there might be.

In the last few months, officials in New Jersey, as well as several other states, have said that mixed signals from the Obama administration have left them unsure whether their medical marijuana programs could draw federal prosecution of the people involved, including state employees.

A Justice Department memorandum issued late last month left unanswered questions, and Gov. Chris Christie has not said how he will proceed. But medical marijuana advocates say that in New Jersey, at least, the state law is stringent enough not to run afoul of federal policy, and that the governor’s true goal has been to block the program.

“You don’t have to be Sherlock Holmes to figure that out,” said State Senator Nicholas P. Scutari, a Democrat. “He’s used every tactic he can to delay and deny.”

The governor, a Republican, and his aides have insisted that every delay has been a genuine attempt to make the program work properly.

“In light of the Obama administration’s memorandum, the governor’s office is performing its due diligence to ensure implementation of the program is not in conflict with federal law and does not put state employees charged with directing the program at risk,” Kevin Roberts, a spokesman for Mr. Christie, said.

Read more.