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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]

Medical marijuana press conference in Trenton

Delaware and Maryland recently introduced medical cannabis bills that follow some of limitations in New Jersey’s compassionate use law. The DE/MD bills offer potential medical marijuana patients low amounts of cannabis per month, restricted strains and no provisions for home cultivation. Still, in a refreshing move, the DE bill outlines some of it’s own shortcomings right in the synopsis:

Patients would be allowed to possess up to 6 ounces for their medical use. Six ounces is less than the federal government has determined is a one-month supply for patients in the Compassionate Investigational New Drug Program. READ FULL

New Jersey’s law offers minimal access to cannabis. A short list of very serious medical conditions qualifies like MS, AIDS and Crohn’s Disease. NJ Patients are allowed just two (2) ounces of marijuana each month.Governor Chris Christie has delayed the implementation of the law several times. Christie’s administration has offered regulations that would limit cultivation to three strains of marijuana all less than 10% THC.This has caused a fight with the NJ Legislature who passed resolutions last month to invalidate the proposed regulations. So far no medical marijuana has been grown (legally) for any New Jersey residents.The efforts in Delaware and Maryland recently got a big boost with the support of the Marijuana Policy Project and celebrity Montel Williams. A multiple sclerosis patient, Montel traveled to both states to share his personal story of using therapeutic marijuana at the bill’s introductions.

A San Francisco clinic states what many women already know: pot is quite effective in treating cramps, PMS and other menstrual issues as well as helping women with eating disorders:

Many women come to Greenway Medical Marijuana Physician Evaluations seeking help with ailments that only or primarily affect women, such as eating disorders, menstrual cramps, premenstrual syndrome (PMS), mood swings and menopause. The San Francisco medical marijuana doctors at Greenway Medical Marijuana Physicians Evaluations know that properly administered medical marijuana can provide relief, and they are seeing an increase in female patients.

Women who have developed eating disorders such as anorexia nervosa may find relief in the use of certain medicinal cannabis strains that aid relaxation, alleviate anxiety and stimulate the appetite. The naturally occurring marijuana compound tetrahydrocannabinol (THC) is known for improving desire for food and thereby helping patients gain weight. Strains high in THC are more likely to stimulate the appetite.

For many women, monthly menstrual cycles include cramping, and they can also include nausea and backaches. Cannabis is prescribed for cancer patients specifically because it helps target pain and nausea, so it follows that it would also be a good herbal remedy for cramps. Medicinal marijuana also has many secondary, non-psychological effects on the body, including the relaxation of smooth muscles that may be causing the cramps. Indica strains would be beneficial both prior and during the cycle.

Read more at SF Gate.

Joe is a 20-year-old straight-A college student from Lebanon County who was never in trouble with the law until October.Now he worries about a prospective employer going online and finding that Joe pleaded guilty to disorderly conduct, a charge that makes it sound like he is prone to fighting.

Photo: The Associated Press

Joe wasn’t busted for fighting. He was arrested for being in the same car as someone who police caught with a small amount of marijuana.Officials in Lackawanna County, where Joe was arrested, said he could avoid a license suspension and drug conviction by pleading guilty to disorderly conduct. They also said Joe could keep his record clean by completing substance abuse classes and counseling, a process known as Accelerated Rehabilitation Disposition or ARD.Joe said he didn’t have $1,500 the courts wanted for ARD, so he pleaded guilty to disorderly conduct.“What they didn’t tell me and what I didn’t learn is that engaging in fighting is the tag that goes with every disorderly conduct charge. That’s the opposite of me. I’ve never fought. It is just an incredibly inaccurate depiction of who I am,” Joe said.Joe asked that his real name not be used. He worries knowledge of his pot bust could hurt his chances to get a job.People shouldn’t have to choose between the lesser of two evils for getting arrested for a small amount of marijuana, said Cumberland County Public Defender Taylor Andrews, who retired recently after 34 years.Andrews said Pennsylvania should follow states like California, Massachusetts and New York that have decriminalized possession of a small amount of pot — about an ounce or less — to the equivalent of a traffic ticket.“That strikes me as a sane response,” said Andrews. “There are people who have used marijuana and it has not affected their careers and their lives. It becomes almost a random thing, if they are caught and prosecuted, then their lives are significantly affected, where the prosecution has a greater affect than the actual drug.”But don’t look for any easing of Pennsylvania’s pot laws, despite others states’ steps toward making it legal to smoke and grow marijuana.Andrews emphasized he favors relaxing the law only for adults.In November, California voters rejected Proposition 19, which would have allowed people over 21 to grow and possess marijuana and for municipalities to collect taxes on retail sales of pot. Proposition 19 lost by only 53 percent to 46 percent and supporters vow to try again.That Proposition 19 got as far as it did is a game-changer, said Harry Levine, who has studied marijuana arrests as a sociology professor at Queens College and the Graduate Center of the City University of New York.“California is the largest state in the U.S., with 40 million people and the eighth largest economy in the world. By itself that had an enormous effect on the national conversation. It allowed for a more elevated conversation” in the country about decriminalizing marijuana, Levine said.State and local government budget woes could favor relaxing pot laws. Former-Gov. Arnold Schwarzenegger didn’t support Proposition 19, but signed legislation to decriminalize possession of a small amount of marijuana because he agreed with those who said California couldn’t afford devoting court resources to such cases.Andrews said, “It’s a misuse of police time and resources to be focusing a lot on just marijuana possession” when alcohol abuse is the far greater evil.“The biggest slice of the (court) docket are DUI (driving under the influence) cases and most DUI cases are alcohol,” Andrews said. “If you look at your domestic violence cases in virtually 80 percent of them somebody is liquored up. You look in your bad checks, forgery, embezzlement cases, invariably somebody’s life is out of control and often that is correlated with alcohol abuse. Alcohol abuse is the biggest common denominator. It was when I started in the 1970s and it still is.”Public supportPublic support for legalizing pot in Pennsylvania is only 33 percent, but that’s up from 22 percent two years ago, according to a 2010 survey by Franklin & Marshall College.G. Terry Madonna, a political analyst at Franklin & Marshall who co-authored the survey, said he thinks public support would be even higher for reducing the penalty for possession of a small amount of pot, perhaps even to a traffic ticket as in the other states. He said that’s a question the survey hasn’t asked yet but might in light of California’s decision.Madonna said public support was highest — 80 percent — for legislation that would allow marijuana for medicinal use. State lawmakers considered such legislation during the 2009-10 session and Rep. Mark Cohen, D-Philadelphia, plans to re-introduce a medical marijuana bill this year.But medical marijuana and even decriminalizing is a far cry from outright legalization.“We are in a very conservative state culturally,” Madonna said. “We do have a gaming culture. We are far more accepting of the lottery, horse racing and casinos. But we don’t have a drug culture. You are always going to find a segment of the population that will have moral objections” to relaxing pot laws, regardless of any perceived monetary benefit.He said the state budget crunch is forcing the re-evaluation of the cost benefit of strong-on-crime policies popular in the 1990s, such as sentencing guidelines that can lead to prison for people arrested multiple times for having a little pot.But Madonna sees as slim prospects for relaxing pot laws in this state soon, especially since voters just elected a more conservative legislature and governor.Jack Carroll, executive director of Cumberland County Drug and Alcohol Commission, sees no sentiment for legalized marijuana in Pennsylvania, given the state House 198-1 vote this year to ban synthetic marijuana. The ban awaited Senate action.Pot casesMidstate district attorneys don’t see pot cases as an undue burden on courts. They say a first-time offender busted for a small amount of pot usually gets ARD.“We’ve made it as non-criminal as you can possibly make it,” said Cumberland County District Attorney David Freed.The district attorneys don’t support decriminalizing pot. They see marijuana as leading to abuse of more serious drugs like heroin and cocaine. The prosecutors also worry relaxing pot laws will cause more people to use it.Perry County District Attorney Charles Chenot said “I’ve seen what smoking pot can do to a person. It really truly is a mind-altering substance. It influences your ability to drive, walk and reason. It is a substance that leads to other drugs. By decriminalizing we are kind of giving up on our war on drugs.”PossessionDauphin is the only midstate county where the number of cases filed in court for people arrested for having a small amount of marijuana exceedsed the number of DUI cases from 2005 to 2009, according to data provided by the Administrative Office of Pennsylvania Courts. Dauphin’s pot cases in recent years even exceed those of York County, which has larger population than Dauphin.Dauphin County District Attorney Edward M. Marsico Jr. said a lot of the small pot possession cases come from people who are arrested at concerts in Hersheypark.Otherwise, Marsico said many of the small pot arrests are accompanied by other charges. Often, people who are already on supervised probation for other offenses get caught with marijuana, as do individuals police stop on the street for suspicious behavior, Marsico said.In June, Philadelphia created a diversion court where anyone arrested with up to 30 grams of pot would pay a fine. The city said the program would divert more than 4,700 possession cases from its criminal courts.Marsico said he is watching Philadelphia to see how its diversion court goes. “The small amount of marijuana alone is not bogging down our court system but it is certainly something we should take a look at going further.”Gov. Tom Corbett while running for governor said he opposed expanding Philadelphia’s pot decriminalization court outside the city. Marsico said he does not believe Dauphin would need state approval to set up a pot diversion court similar to Philadelphia’s.Joe still smokes pot about four times a year.“I do more harm to myself eating bowls of ice cream,” he said. “We all know marijuana is not a healthy thing to do, the same as with cigarettes, fatty foods and alcohol.“In excess all these things are bad for you. But what it comes down to is these are decisions of individuals. As Americans we are allowed to do unhealthy things,” he said.

It’s hard to watch the twisted medical marijuana power play in California and not cringe a little. What happened to that rogue hippie state, living by its own wacky free-minded rules and dancing around buck naked through fields of daisies? The federal and state government have combined efforts to rule the state with an iron fist, needlessly and clearly for its own benefit. Now California seems to be falling, like a New Age long-haired giant, to its aging knees.

But signs of hope arise in it’s kinky, smoggy epicenter, Los Angeles.

The Los Angeles City Council’s effort to close down the city’s medical marijuana dispensaries next week could face a serious challenge Wednesday, when activists say they will submit a petition with 50,000 signatures to overturn a recently approved ban.

The petition that will be turned over to the L.A. City Clerk’s Office calls for a referendum next March on the new ordinance banning storefront dispensaries effective Sept. 6. But the petition’s immediate effect will be to prevent the ordinance from even going into effect.

The City Council voted last month to ban the dispensaries, citing conflicting court opinions about whether the city can legally regulate cannabis collectives. While banning storefront dispensaries, the city will allow licensed patients or caregivers to grow and transport their own medical marijuana under the ordinance.

After the vote, the City Attorney’s Office sent letters to 1,046 suspected dispensary locations, warning them to shut down by Sept. 6 — or face court action and a $2,500 fine for every day they remain open past the deadline.

Medical marijuana supporters quickly mounted a signature-gathering effort in hopes of forcing a referendum on the issue. A minimum of 27,425 signatures is required to get the issue on the ballot, according to petition- drive organizers, who say they’ve collected around twice that many.

Read more…and check out the comments, a decent barometer of public opinion.

Here are some old school Cali images by photographer Hugh Holland (first image) and Jeff Divine. And as always, turn on, tune in and drop out, man.

Opening image: photographer unknown.

California in the good old days

My Cali Hippie Shot:

Beth Mann is a popular blogger and writer for Open Salon and Salon. She is also an accomplished actor and director with over 15 years of experience, as well as the president of Hot Buttered Media. She currently resides at the Jersey shore where she can often be seen surfing or singing karaoke at the local dive bar.

Contact: maryjane {at } freedomisgreen.com

Other blogs:

on Opensalon.com

Hot Buttered Media

Image from PhillyNORML

Freedomisgreen.com will be helping with a letter writing effort for marijuana prisoners.

Several studies suggest a prisoner’s mental health is dependent on contact
with the outside world. Many prisoners consider mail as one of their only
highlights:

“One cannot fully understand the therapeutic effects one receives from
correspondence with his or her peers on the outside.” (M.J., Hagerstown, MD)

“Mail is the only thing to look forward to in here.” (J.S., Camp Lejeune,
NC)

Read more about the therapeutic benefits of receiving mail while in prison:

http://www.writeaprisoner.com/why-write-a-prisoner/default.aspx

Editor Beth Mann has some tips:

What should you write? Anything. Prisoners benefit from seemingly mundane
letters about your daily life to words of inspiration to pieces of creative
writing to news or current events. The important part is simply reaching
out.

We will post the letters though support pages or print and send via regular mail with the NORML Women’s Alliance.

Please keep in mind that all of the prisoner’s mail is read by authorities.

– Please send text only, no images or attachments
– Put the prisoner’s name in subject line of email
– Send separate emails for each prisoner
– Up to 1,000 words per letter
– By sending a letter through freedomisgreen.com we may contact you and ask that your letter be posted on the site to bring awareness to victims of prohibition. You may decline and we will still forward your letter directly to the prisoner.

– Send your emails to [email protected]

Questions? [email protected]

Thank you for participating!