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The New Jersey Department of Health and Senior Services (DHSS) launched the physician registry for the Medical Marijuana Program today. No other state has this requirement. The details emerged in draft regulations DHSS released earlier this month that were criticized by potential patients and some local physicians.The state also created a new website for the marijuana program: https://njmmp.nj.gov/njmmp/The registering of doctors and the surrounding requirements are not a part of the medical cannabis law. Instead they are part of an array of new regulatory restrictions being imposed on the most limited marijuana access legislation in the country.

3/1/2012 – New Jersey Governor Chris Christie took calls and emails on NJ 101.5 last night. One of the emails asked if he would consider clemency for medical marijuana patient John Ray Wilson. In his answer Christie relied heavily on a report from his Counsel’s office.

Apparently, just one briefing from his in-house attorneys was enough to make Governor Christie an expert on the proper amounts of medical marijuana for patients and the complex disease of multiple sclerosis.

Here’s a transcript of the exchange:

NJ 101.5 – [John Ray Wilson]  was caught growing marijuana in Somerset county.  He suffers from MS …says he was growing for it for his own use for his symptoms. There was nothing really presented governor that would indicate that this guy was a drug dealer….he’s in jail for 5 years… do you disagree with that?

Christie –I do. And I’ve been briefed..

NJ 101.5 – You think John Ray Wilson was a drug dealer?

Christie –This is what I believe…I believe John Ray Wilson… that there are a lot of questions that have yet been answered about John Ray Wilson’s activity. The amount of pot that he was growing was well beyond the amount of pot you would need for medicinal use for yourself. Um yaaa know… His diagnosis um has been has brought into question…to whether he really does have MS or not. Umm I asked my counsel’s office which I said at one of my town hall meetings to review this umm and I’m not gonna talk about all the things that they raised with me. But I will tell you that based on the things that they raised with me and the report, the briefing that they gave me that I am not inclined to give any clemency to John Ray Wilson.

NJ 101.5 – So as far as you’re concerned that’s a dead issue?

Christie – I mean unless something new comes up I think he’s gotta go to jail – And stay there.

Full video from NJ101.5 here.

Prosecutors attempted to bring Wilson’s MS diagnosis into question during his trial but were unsuccessful. When he was jailed in 2010, before being released pending appeal, prison authorities set up medical treatments for Wilson’s MS symptoms.

John Wilson was prosecuted by the New Jersey’s Office of the Attorney General. Usually such marijuana cultivation cases are prosecuted by the municipality.

Ken Wolski is a registered nurse an executive director of The Coalition for Medical Marijuana New Jersey. Wolski has been helping Wilson with his case since it began.

“On 1/26/12 I faxed to NJ Dept. of Corrections Commissioner Gary Lanigan a copy of Mr. Wilson’s most recent MRI,” Wolski said, “This MRI clearly documents the progressive nature of his MS lesions, and is entirely consistent with his clinical symptoms.”

John Ray Wilson’s family allowed Freedomisgreen.com to review his latest MRI report. Performed on 12/1/2011 it states the following:

“The lesions are considerably more extensive than that seen in 2002. Findings are consistent with demyelinating disease as can be found in patients with multiple sclerosis.”

Wolski also pointed out that there were experts willing to come forward in this case, “Dr. Denis Petro, a Board Certified Neurologist stands ready to testify to Wilson’s diagnosis and marijuana’s usefulness for it, but Dr. Petro’s testimony was not allowed by the trial judge.”

The amount of medical marijuana patients are allowed varies from state to state. At the time Wilson cultivated the seventeen plants there was no medical marijuana law in New Jersey. He grew the plants outdoors so there may have been some reasonable planning for the crop to last into the next year’s growing season.

Wolski had this to say about the not-so-transparent briefing from the Governor’s Counsel: “Gathering secret information on citizens is no way to make a decision about whether or not they received justice in a courtroom.”

On February 16, 2012 the New Jersey Senate Judiciary Committee passed a resolution urging Governor Christie to grant John Ray Wilson clemency. SCR89 could still go to the Senate floor for a vote in March.

CMMNJ – http://www.cmmnj.org

Support John Ray Wilson on Facebook – https://www.facebook.com/pages/Support-John-Ray-Wilson-New-Jersey-MS-Patient/104540271138

CALL or TWEET to Governor Chris Christie 609-292-6000 or @GovChristie – ask him to “Pardon medical marijuana patient John Ray Wilson!”

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]

On March 29th The Dr. Oz Show aired a full-length program discussing medical marijuana that included Montel Williams. But one of the segments that ended up on the cutting room floor featured Sandy Faiola of Asbury Park, New Jersey. Like Montel, Sandy lives with Multiple Sclerosis and uses cannabis to treat her condition. Because the compassionate use law is not yet working in the Garden State she must continue to risk arrest to access her medication. She has testified on many occasions before the state Legislature in Trenton and has appeared in demonstrations for other MS patients. Yesterday Dr. Oz posted the two-part video with Sandy online.

Links are below:

Medical marijuana press conference in Trenton

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]

photo by C. David Freitag

Remember that School House Rock segment on how a bill becomes a law? Just put that on repeat. A House committee in New Hampshire approved legislation this week to legalize medical marijuana. This is an important step as bills often need to be heard by several committees before they can pass all-important floor votes.

But New Hampshire had a similar bill run this gauntlet just two years ago. Medical marijuana legislation passed in 2009 only to be vetoed by Governor John Lynch.

The resulting attempt by the General Court to overturn the veto missed by just two votes in the state Senate.

Advocates on the ground were buoyed by the 14-3 vote on the House Health, Human Services and Elderly Affairs Committee who recommended that House Bill 442 be passed on the floor.

Polling shows that public support for medical marijuana in New Hampshire runs above 70%.

New England voters are demonstrating a visible groundswell of support for changing local cannabis laws.  Connecticut: Public backs marijuana reforms

Grassroots information: http://nhcommonsense.org/

Attorney Bill Buckman at the PhillyNORML Freedom Forum 2009

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]

On April 14th New Hampshire’s medical marijuana bill, HB 442, will have a hearing in the Senate at 1:00 pm. The legislation has already been approved by the House Health, Human Services, and Elderly Affairs Committee and passed a vote by the full House (221-96) on March 16th.

Kirk McNeil, the volunteer Executive Director of New Hampshire Compassion (which is a special project under New Hampshire Coalition for Common Sense Marijuana Policy) and had this to say about the upcoming hearing:

“I’m very excited about the senate hearing coming up in just a few days. We have a lot of senate support. One of the concerns that a lot of legislators have previously expressed was that it might have been a backdoor legalization bill, but it’s not. It is very much a medical marijuana bill. The bill focuses on the sickest patients and provides some controls to enable them to not worry.”

To donate to New Hampshire Compassion and the on-going work of its hardworking volunteers, please visit them here.

John Wilson (left) stand with supporter Jim Miller in front of the Somerset courthouse in 2010

8/9/2011 – John Ray Wilson is saying goodbye to his family. The 38 year old man lives with multiple sclerosis and without healthcare. Last month an appellate court ruled to uphold his 2010 conviction for “manufacturing” marijuana. He is now living in limbo as a judge considers his bail during a final appeal to the state Supreme Court. John may have to begin serving a 5-year prison sentence any day.

Wilson grew seventeen cannabis plants in the backyard of his Franklin Township home.  This was an effort to treat his condition. His trial in 2009/2010 took place at the same time as the final debates over the compassionate use act in the NJ legislature. Supporters demonstrated in front of the Somerville Courthouse. But the law was too late for John Wilson. 

John was never allowed to mention that he had MS or that he was growing for his own medical necessity. The state threw every heavy book they had at him. They attempted to convict on the first degree felony of “Operating and Maintaining a Controlled Dangerous Substance Manufacturing Facility.” This was a law designed for crack, meth and heroine processing mainly in urban environments.  A first degree felony would carry a mandatory minimum of 15 years in prison.

Multiple sclerosis is one of the few approved conditions under the NJ medical marijuana law. Dr. Denis Petro, a neurologist who testified before the legislature, was ready to offer expert testimony at Wilson’s trial about the unique benefits of cannabis on MS. But Petro and other experts were never allowed.

Medical quality marijuana is expensive on the underground market, $300-$500 per ounce. Home cultivation by medical marijuana patients is allowed in 14 of the 16 states with compassionate use laws. It is certainly a safe and economical way to find relief. Unless a helicopter comes hovering over.

When the NJ State Police Marijuana Eradication Unit arrived at his residence John was up front with officers and detectives. When they were called to the stand, the NJ State Police officers could not recall those conversations in the hours they spent sitting with John at a picnic table in his backyard.

I was in the courtroom the day John took the stand in his own defense. There was significant media attention on the trial from television and newspapers. The jury may have been aware of the reporters or the medical marijuana demonstrators holding signs in front of the courthouse each day. On December 17, 2009 the jury heard MS mentioned officially in the trial for the first time. Here’s my report from that day:

It was honest and sincere; it was the truth. On the stand in his own defense, John Wilson was allowed to tell the jury that he has Multiple Sclerosis.

“I told them I was not a drug dealer and I was using the marijuana to treat my MS.” John had been asked what he said to the State Police officers who arrived to investigate the 17 cannabis plants spotted by helicopter.

It seems Wilson has been truthful with law enforcement authorities about his intentions regarding the medical use of his marijuana from their first contact with him.

NBC 4 in NY was in the courtroom and correctly called the single-sentence event a “Stunning Reversal at Medical Marijuana Trial.” read full

In the end John was convicted on the second-degree felony of “manufacturing marijuana” as well as a third-degree felony for less than gram of psilocybin.

He was taken into custody for five weeks last spring, but was since allowed to remain with his family on bail. His appeal stated that he grew the cannabis for personal use. Under New Jersey law marijuana possession cases can often have the distribution charges removed if the person claims all of the pot was for personal use.

Because of the archaic terminology of “manufacturing” applied to cultivating marijuana, the appellate court ruled there could be no “personal use” defense applied.

The next step is an appeal to the NJ Supreme Court.

NJ Senators Raymond Lesniak and Nicholas Scutari both called on then-Governor Jon Corzine to pardon Wilson but to no avail. A similar petition will be made to Governor Chris Christie.

Like millions of working class Americans the Wilson family is struggling with a variety of serious health care costs.

John’s younger brother Kenny is a developmentally disabled adult bound to a wheelchair.  His grandmother endures the many burdens of aging. Even with the MS, John is still the healthier one and spends his days helping his family.  Working from home on an eBay store with his mom, John tries to make ends meet.

On the other side of his prison sentence Wilson hopes to be part of New Jersey’s medical marijuana program. But he may still face some hurdles. First the program is not yet running. More ominous is the real possibility that if John is granted parole he will face regular, mandatory drug testing. There is no medical marijuana exception to these probation and parole rules.

The approved operators of the first six medical cannabis Alternative Treatment Centers have been given a mandate by Governor Chris Christie to expedite their start-up. With millions of dollars in funding and top-level executives the ATCs are preparing to farm hundreds, even thousands of cannabis plants soon.

John Ray Wilson waits patiently yet has a great pressure on him each day. He is hopeful for the further appeal but has resigned himself to being separated from his family. John has prepared, as best as he can, to serve a prison term for growing the same medicine now regulated by the state.

There is a Facebook support page for John here

More about the John Wilson trial http://www.examiner.com/john-wilson-trial-in-philadelphia

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]

5/11/2011 UPDATE – The New Hampshire Senate has postponed legislative action on the medical marijuana bill, HB 442. The move today means that the bill may not get a floor vote in the Senate, even though the House passed the measure 221-94 in March.

The sticking point seems to be the years-long fight between Governor John Lynch and the NH Legislature over this issue. Lynch vetoed a medical marijuana bill in 2009 and promised to do the same this year if the bill passed again.

Activists who were in attendance at the New Hampshire legislative session today were disappointed that the Senate didn’t stand up to Lynch. An attempt to overturn the medical marijuana veto in 2009  fell heartbreakingly short by just two votes. Patient advocates on the ground felt that the Legislature should hold firm in the face of Lynch’s threat and try again to force the bill through.

Kirk McNeill at NH Compassion pulled no punches in his reaction to the Senate’s vote, “Today the NH Senate participated in an act of legislative cowardice by tabling HB442.”

But postponing the legislation did not quite kill it. A spokesperson at NH Senator Ray White’s office told Freedomisgreen.com that technically HB 442 could be brought for a floor vote again before the legislative session ends in June. However, the prospects for the bill actually making it to the Senate this year remain unclear.

NH Compassion’s McNeill said, “Patients deserve to have their treatment options be a decision between them and their doctors, a decision based on science.  Laws against the medicinal use of cannabis are quiet simply, interference in the doctor patient relationship backed up by men with guns.”

More info at http://nhcompassion.org/

Questions?  [email protected]

Chris Goldstein is a respected marijuana reform advocate. As a writer and radio broadcaster he has been covering cannabis news for over a decade. He volunteers with local groups to change prohibition laws including PhillyNORML and The Coalition for Medical Marijuana New Jersey.

John Ray Wilson in 2010

8/24/2011 – John Ray Wilson was taken into custody today at the Somerset County Courthouse. He will begin serving a 5-year prison sentence. The 38-year-old MS patient was found with seventeen cannabis plants in 2008.  After serving five weeks in prison in 2010, Wilson was allowed to remain with his family pending an appeal. The NJ Appellate Division upheld his conviction and sentence in late July. Wilson appeared before Superior Court Judge Angela Borkowski in a hearing today to consider a continuation of his bail.

Judge Borkowski ruled that her court was not an appropriate jurisdiction to deviate from the trial decision and appellate court affirmation. Any bail appeal should be made to the Appellate Division. Wilson’s attorney, William Buckman of Moorestown, said that he will file for bail immediately.

During the brief hearing the prosecutor, Deputy Attorney General Russell Curley, argued that Wilson should begin serving his sentence today. The judge agreed. John was taken into custody in the courtroom and is currently being held at the Somerset County jail.

“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.”

Buckman has filed a notice of petition to the Supreme Court to appeal the “manufacturing” conviction. The Appellate Division ruled that there was no consideration that the cannabis plants were only for Wilson’s “personal” use.

Ken Wolski, executive director of the Coalition for Medical Marijuana New Jersey (CMMNJ) was in the courtroom today.

“CMMNJ is still hopeful there is a chance for justice in the state Supreme Court. But we are very disappointed that John is back in jail.”

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]