US Attorneys: Medical Marijuana Grown At Home, State Employees Safe

5/29/2011 – The Department of Justice is making one thing clear: individual medical marijuana patients are not a priority, at least for the moment.  So how are they supposed to acquire cannabis? What is now emerging seems to be an expectation from DOJ that seriously ill Americans will engage in home cultivation or find a caregiver to grow for them.

This is a proven technique but it will be an uncomfortable point for much of the existing multi-billion dollar medical marijuana industry. There are also major implications for New Jersey, Delaware and the District of Columbia because their compassionate use laws force patients into centralized cannabis dispensary systems.

A set of interviews last week with US Attorneys Michel Ormsby in Washington and Dennis Burke in Arizona have added significant depth to a debate that has national importance.  They were among eight federal prosecutors who sent letters to state officials about their medical marijuana policies.

After a lead-up in a National Public Radio interview, Ormsby went a step further with the reporter:

” In 2009, the Department of Justice indicated that it would be a low priority to prosecute anyone who was complying with state medical marijuana laws,” Jay Rorty of the American Civil Liberties Union explains. He says the 2009 memo from then-Deputy Attorney General David Ogden made advocates think the federal government wouldn’t interfere with state medical marijuana stores.

U.S. Attorney Michael Ormsby from Washington state disagrees with that interpretation. “I think the ACLU takes that statement out of context,” he says. According to him, the memo means the federal government won’t go after patients who are growing their own marijuana — but retail stores were never part of that exception. read full

Still, the letter moved Governor Chris Gregoire to veto a marijuana dispensary bill that was passed by the Washington Legislature. That letter implied that state employees could risk of federal prosecution; a unique point among all of the recent communications.

Three thousand miles away the WA letter caused Governor Chris Christie in New Jersey to suspend full implementation of his state’s compassionate use law.

New Jersey’s Attorney General Paula Dow sent her own letter to the Department of Justice in April. It seeks clarification about Garden State employees. But there has been no reply from the DOJ or the local US Attorney. Governor Christie is waiting for a response until the six cannabis facilities (approved by the state in March) will be allowed to proceed.

But why were the employees mentioned at all? An article published at a local Arizona news source, Awatukee.com, sheds some light:

“The Washington law had state employees involved in a number of different inspections and grading functions,’’ Ormsby said, with workers actually handling the drug. And Ormsby pointed out that the letter sent by Gov. Christine Gregoire to him and Jenny Durkan, the other U.S. attorney in that state, specifically asked how those provisions of the law would put state workers at risk. read full

Governor Jan Brewer in Arizona has also been speaking loudly to the media about her perceived threat to state employees based on the same Washington state letter. However, the federal prosecutor in AZ was left baffled:

But Burke, in an interview with Capitol Media Services, said his letter simply spelled out the priorities his office has in going after those who sell, transport or use marijuana. More to the point, he said that letter never mentioned state workers.

“It’s fair to read into my letter what I included and what I didn’t,’’ he said. “And if I didn’t include state employees, I think that’s telling in itself.’’

And Burke said there was a simple way of dealing with the question.

“You would think that a letter back from [AZ] Attorney General Horne, as opposed to ‘I’m going to file a lawsuit and have a press conference,’ might have been a better course of action,’’ he said. read full

As a guide to all of their communications about medical marijuana the US Attorneys turn to a now infamous memo from Deputy Attorney General David Ogden.  The Department of Justice published it the same day it was released back in October 2009, right on their very own blog.  (Yes, DOJ has a blog and even a Twitter feed.)  Here is the section of interest:

For example, prosecution of individuals with cancer or other serious illnesses who use marijuana as part of a recommended treatment regimen consistent with applicable state law, or those caregivers in clear and unambiguous compliance with existing state law who provide such individuals with marijuana, is unlikely to be an efficient use of limited federal resources. On the other hand, prosecution of commercial enterprises that unlawfully market and sell marijuana for profit continues to be an enforcement priority of the Department. (read the Ogden memo in full)

Again, all of the eight letters from US Attorneys seem to reiterate the point that individual patients are the lowest priority.  And the Ogden memo does seem to lean towards home cultivation.

Burke is also comfortable allowing medical marijuana patients in Arizona to continue registering with the state:

More significant, [AZ US Attorney] Burke said that Humble [AZ Health Director], after reading that May 2 letter, was not alarmed about it or even worried about how it would affect his staffers who are processing the permits for those who want to use marijuana as well as those who want to operate dispensaries or even cultivate the drug.

“Humble blogged about it and seemed to read through the lines in my letter and say, ‘We’re going to keep proceeding,’ ’’ Burke said.

In fact, Humble told Capitol Media Services at the time his agency intends to continue issuing I.D. cards allowing those with a doctor’s recommendation to possess and smoke marijuana. As of this week, about 4,000 applications had been processed. read full

All of the Arizona patients will presumably start home gardens, find a caregiver or access the underground market.

Delaware, New Jersey and Washington DC may need to re-evaluate their compassionate use laws based on the current federal stance. They included no provisions for private cultivation.

The New Jersey law seems to allow legal protections only if registered patients acquire cannabis from an approved facility. Six medical marijuana Alternative Treatment Centers are meant to serve NJ’s dense population of about 9 million residents. These are just the kind of big-money operations that the Fed does not like.

Federal prosecutors and some governors are now walking a razor’s edge between Constitutions in the battle over medical marijuana. Parties on both sides are attempting to spin the conflict between state laws and federal law to their advantage.

There has been much more than a rattling of paper sabers. The Drug Enforcement Administration (DEA) has conducted hundreds of raids on state medical marijuana businesses.  Recent DEA raids also seem to have been timed for political current events. In Washington and Montana fully armed federal agents stormed dispensaries just as legislation was being considered by elected officials.

But not every state with a compassionate use law has seen federal activity. One thing that has become painfully obvious in the recent flap is that these laws are enforced through the discretion of a just few powerful individuals based on their personal political views. Seriously ill Americans who need cannabis therapy remain caught in the crossfire. This fact will add to the already heavy pressure on Congress and President Obama to address the medical marijuana issue.

Until a truly consistent policy is crafted state officials can immediately employ two methods to protect their residents from federal interference: 1) Allow patients or caregivers to grow medical cannabis in private homes and 2) Stop arresting and/or prosecuting any patient who is possession of a state authorized amount of cannabis.

Commentary by Editor Chris Goldstein

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]

Vermont Marijuana Dispensaries Almost Law, More States To Follow

5/9/2011 – Medical cannabis dispensaries are just a signature away from becoming a reality in Vermont. The House voted last week with a strong margin and Governor Peter Shumlin (D) has been a vocal supporter of the issue, so he will likely sign it into law.

Although some Republican opponents brought up the recent federal pressure on such facilities, it was not seen as paramount to the needs of local patients. Seriously ill or terminal residents in Vermont must grow their own cannabis under the current state law. This hard-fought effort to bring four dispensaries into operation is seen as filling a specific need that will directly benefit individuals who do not have the physical ability to cultivate medical-quality cannabis at home.

US Attorneys in Arizona, Washington, Rhode Island, Colorado and even Vermont have recently sent paper threats against state medical marijuana programs, especially store-front facilities.

The fed actions caused WA Gov. Chris Gregoire and RI Gov. Lincoln Chaffe to suspend their Legislatures’ plans for medical marijuana dispensaries. But not everyone is backing down in the most refined state vs federal conflict of the 21st century. Gregoire also leads the National Governors Association and she has called for the 15 medical cannabis governors to unite in asking Congress to remove marijuana from Schedule I in the Controlled Substances Act

Amidst the escaltion in national politics for the issue, Vermont is not alone in moving forward with plans to regulate dispensaries. A medical marijuana bill in Delaware has passed both houses and awaits a confirmation vote in the Senate. [UPDATE – Gov Jack Markell signed the bill into law 5/13]

New Jersey is set to finalize regulations later in May that would bring the six approved Alternative Treatment Centers into operation.

Maryland passed a law to offer a positive medical necessity defense in court if seriously ill residents are arrested.

Connecticut is also close to fully passing a bill to legalize marijuana for seriously ill adults. Gov Daniel Malloy’s staff are taking on a position fitting for the current climate:

“States have a right to decide this for themselves,” Michael P. Lawlor, Gov. Dannel P. Malloy’s senior criminal justice adviser told The Connecticut Mirror this week. read more
The first regulated medical cannabis dispensaries in Maine just opened last month. So far the US Attorney in that region has not threatened the ME program. The Pine Tree State is also looking beyond medical marijuana with hearings on full taxation and regulation for all uses by adults taking place on May 10th, 2011.
Here’s more on Vermont from StopTheDrugWar.org, we’ll have an update at freedomisgreen.com as the story develops.
The bill, Senate Bill 17, would expand Vermont’s medical marijuana law and improve patient access by allowing the sale of marijuana at dispensaries. The four dispensaries would be licensed and regulated by the state Department of Public Safety.

The vote to approve dispensaries came in spite of a letter from the state’s US attorney warning that marijuana remains illegal under federal law. That letter was part of a stepped-up campaign by US attorneys in various states to intimidate and rein-in large-scale medical marijuana cultivation and sales.

Supporters argued that the state’s existing medical marijuana law is lacking because it forces sick people to grow their own medicine. Requiring sick people to do so “is expensive and difficult and unlike anything else we require anybody else to go through to relieve their pain,” said Rep. Eldred French (D-Shrewsbury) in remarks reported by the Vermont Digger.

“We did not provide them with a way to obtain the marijuana that they need to ease their suffering,” French said. “And if we can’t provide them with a way to do that without insulting their dignity and them involve themselves in what is a criminal activity in the state of Vermont, by going out and trying to buy it elsewhere, if we can’t provide that, I think we’ve failed our duty.” READ FULL ARTICLE

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.

Vermont Prepares For Medical Marijuana Dispensaries

Medical marijuana growing in a CA regulated facility – photo by C. Goldstein

6/6/2011 – Governor Pete Shumlin is keeping Vermont on a steady course to open medical cannabis dispensaries amidst a recent storm of federal activity. Seriously ill residents can already cultivate at home or through a caregiver, now Shumlin has signed a law that will attempt to implement a small medical cannabis system in 2012.

Sue Allen, Communications Director for Gov. Shumlin, spoke with Freedomisgreen about the careful approach right now in the Green Mountain State.

“We were keenly aware of the federal government’s position,” Allen said. “We received a letter from the US Attorney‘s office.”

Tristiam Coffin of Vermont joined US Attorneys in eight states in sending harsh letters to local officials about cannabis dispensaries.

But on June 2nd – the very same day that the bill was signed Vermont – US Attorney General Eric Holder made statements on a visit in Rhode Island hinting that the US Department of Justice would work with states to open heavily regulated medical cannabis facilities.

Allen said it was a coincidence, “We moved forward with the bill, signed it on schedule and as-planned.”

Still, Gov. Shumlin has been keeping a close eye on things from Montpelier.

“We have been in touch with other states that are going through this right now,” added Allen.

When asked which states they were looking to for insight she replied; “East Coast states; Rhode Island.”

Some final regulations still need to be crafted but Vermont’s four medical marijuana dispensaries could be open in about one year.

Allen pointed out an interesting innovation: the VT Department of Public Safety will be the oversight entity for the program. In other states the medical cannabis programs are under the Departments of Health.

“Public Safety recently took over the DUI testing program,” Allen noted. “They deal more with enforcement issues.”

Various state divisions, such as the Department Law and Public Safety in New Jersey, are key players in crafting regulations and implementing medical marijuana laws. But Vermont will be the first state with a medical marijuana program controlled by the same entity that directs the State Police.

Allen also said that Governor Shumlin understood the issue from many personal contacts.

“We’ve had medical marijuana for over a year and he knows that this law is important. I can’t tell you how many people came up to him on the campaign trail and asked about medical marijuana. These were older folks too, grandparents.”

Vermont joins Delaware, Maine, Rhode Island, New Jersey and the District of Columbia in actively regulating medical marijuana dispensaries on the East Coast.

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]


VIDEO: HIV Patient Calls Out NJ Gov Christie on Medical Marijuana

Jay Lassiter on Reporter's Roundtable, NJN-TV

Jay Lassiter is a news-maker, frequently appearing on local TV programs to discuss New Jersey politics. Thankfully he has also been on the front lines of the medical marijuana effort in Trenton.

Jay lives with HIV in NJ and he qualifies for the new medical cannabis program.  But Governor Chris Christie and his appointees at the Department of Health and Senior Services (DHSS) have offered a set of broken regulations. Among the problems with the draft rules: A 10% cap on THC, just two ounces per month as a maximum patient supply and draconian instructions for physicians.

NJ was the first state to pass a medical marijuana law without provisions for home cultivation.  Seriously ill residents must wait for Alternative Treatment Centers to be licensed by DHSS.  After a series of delays patients are still waiting for  administration to implement the compassionate use program in the No-Garden State. (Russ at NORML coined that one)

On March 7, 2011 a public hearing was held by DHSS to gather public comments. Here is Lassiter’s testimony:

Read Jay Lassiter’s blog: www.blujersey.com

The CBD Research that Time Forgot

7/28/2011 – Time magazine made a flawed, sensationalistic attempt at covering cannibinoid research in a recent article. The piece details the effects of a synthetic cannabinoid (called JWH-133) and its ability to deter cocaine addiction in an animal model by activating the CB2 receptor in the brain. The implications of this study imply that cannabinoids could be potentially used as an “exit” drug for cocaine users. But Time confused the synthetic drug used in the study with a natural substance called cannabidiol or CBD.

Unfortunately, the seemingly good news about CB2 receptors and the treatment of cocaine addiction was over-shadowed by a plethora of inaccurate scientific information.

Here are the three main points that Time forgot:

  • CBD does not activate CB2 receptors at a reasonable concentration. This crucial information was published in 1996. In test tube experiments, CBD can only activate the CB2 receptor at a concentration unachievable through any known or conventional route of administration. If, for instance, a patient had an IV hooked up to a vat of nearly pure CBD, then there might be enough CBD to affect receptor dynamics and thus lead to the activation of CB2 receptors. In short, CBD may be able to treat cocaine addiction, but not by acting through cannabinoid receptors.
  • Time magazine glaringly overlooked the most relevant research done on the effects of actual CBD (not a synthetic cannibinoid like JWH-133) and cocaine addiction by Raphael Mechoulam, one of the most noted Cannabis researchers in history. Dr. Mechoulam is credited as the first scientist to isolate THC as the primary ingredient in Cannabis back in 1964 and he continues to produce groundbreaking cannabis research. His important 2004 study looked at CBD and cocaine addiction but the research cited by Time never even mentions CBD.

One of the most basic concepts in cannabinoid science is that THC activates CB1 and CB2 receptors, but CBD does not activate CB1 and CB2 receptors. To refute this fundamental understanding of cannabinoid receptors is an insult to the scientific community and ultimately does more harm than good. As a scientist, this type of research is extremely complex and all news organizations will need to do a better job when conveying information to the public.

Dr. Raphael Mechoulam – The scientist that Time forgot

Jahan Marcu is currently investigating the pharmacology of cannabinoid receptors. He was working at the California Pacific Medical Center Research Institute when exciting discoveries were made showing enhanced anti-cancer effects with THC and CBD from the Cannabis plant. The findings were published in the Journal of Molecular Cancer Therapeutics. In 2009 he received the Billy Martin Award from the International Cannabinoid Research Society (ICRS). Jahan is currently the vice-chair the Medical and Scientific Advisory Board at Americans for Safe Access (ASA). Questions?   Contact    [email protected]

DISCLAIMER: The views and opinions expressed are those of the author and do not necessarily represent any University, business or affiliates. While the information provided in this blog is from published scientific studies it is not intended to diagnose or treat any disease.

The Final Four According to Cannabis Research

The NCAA men’s basketball tournament was announced March 17th with a wave of free brackets, guides, Apps, and various experts that give the impression of mystical haruspices with their predictions.

This year we need a new way to determine final four picks. This is your chance to change the way you root for teams, here is a quick guide to base your picks on the quality of the universities contributions to the Cannabis and cannabinoid research field.

Here are final four picks for the 2013 NCAA tournament based on cannabinoid research:

Southern Division:

This year my pick for the southern division is the Virginia Commonwealth University (VCU). VCU has generated a lot in terms of cannabis and cannabinoid research. There are a lot of great researchers at VCU,  rewarded with substantial grant funding for many different project. The late and great Billy Martin was a VCU professor who is accredited with “changing the landscape of drug abuse research in this country.”

Here a few projects that are being funded:

The Discovery and Characterization of New Endocannabinoids. Many people are starting to learn about anandamide and 2-AG the THC-like compounds made by our body, but there could dozens if not 100s of these endocannabinoids that our body can make for a variety of purposes.

Cannabis-like compounds to treat HIV/AIDS associated Brain Inflammation. Cannabinoid receptor activation may be able to prevent brain damage associated HIV/AIDS disease progression

Increasing Cannabinoid Receptor Activity to Fight Alzheimer’s Diseases. This study uses an approach to increase anandamide levels by inhibiting the protein FAAH. Increasing endocannabinoid system activity has beneficial effects on cognitive decline in animal models of the disease.

In 2012, VCU researchers published their cannabinoid research in prestigious science such as the British Journal of Pharmacology and Journal of Molecular Pharmacology.

Eastern Division

Temple University continually produces high quality cannabinoid and drug abuse research. Temple researchers have published a study showing that cannabinoids can decrease HIV replication and a research team has received a grant to study the protective effects of CB2 receptor activation in the brain. Temple University is also home to some of the leading Ph.D experts in cannabinoid research, such as Jahan Marcu (Cannabis Researcher of the year 2012).

Western Division

For decades Ole Miss has been growing Cannabis for researchers and patients. Thanks to the tireless work of Mahmoud Elsohly a few lucky researchers have received NIDA “marijuana cigarettes.”

These studies demonstrated that smoked Cannabis is effective for treating chemotherapy induced nausea and vomiting, as well as providing effective relief from neuropathic pain.

The surviving patients under the IND program receive about 300 “marijuana cigarettes” a month, 10 joints a day is the approximate recommendation to treat symptoms of their incurable diseases (On a personal note, Dr. Elsohly is also one of the nicest and most open researchers I have ever met).

Midwest Division

Michigan State University has many active cannabinoid researchers who have published on a range of topics:

Role of CB1 receptors in the immune system

How THC may help with the Flu

John McPartland, a cannabis and endocannabinoid expert also publishes some of his work via Michigan State University. Researchers at Michigan State have also received a grant to study the potential of cannabinoids to stimulate new brain cell formation.

Summary

The final four of NCAA division I tournament of cannabinoid research would consist of Temple, VCU, Ole Miss, and Michigan State University. It’s a tough call, but Temple has the potential to take cannabinoid and drug abuse research to another level (However, I received my Ph.D from Temple and that may be a conflict of interest for this final four pick).

Temple University aside, Ole Miss would go all the way if the tournament was based simply on Cannabis research.

Ole Miss is the only place where you can find marijuana growing that is completely “legal”, as in the Feds and the DEA recognize its legitimacy; it is also the ONLY source of Cannabis for research purposes.

The ball is literally in Ole Miss’ court. However, VCU remains a cut above the rest, a deep team with a rich history of accomplishment and notoriety in the cannabinoid research field.

Jahan Marcu, Ph.D, is currently investigating the pharmacology of cannabinoid receptors. He was working at the California Pacific Medical Center Research Institute when exciting discoveries were made showing enhanced anti-cancer effects with THC and CBD from the Cannabis plant. The findings were published in the Journal of Molecular Cancer Therapeutics. In 2009 he received the Billy Martin Award from the International Cannabinoid Research Society (ICRS) and in 2013 was named Cannabis Researcher of the Year. Jahan is currently the vice-chair the Medical and Scientific Advisory Board at Americans for Safe Access (ASA). Questions?   Contact   [email protected]

DISCLAIMER: The views and opinions expressed are those of the author and do not necessarily represent any University, business or affiliates. While the information provided in this blog is from published scientific studies it is not intended to diagnose or treat any disease.

Rhode Island Gov Caves to Fed, Stops Medical Marijuana Centers

5/2/2011 – Governor Lincoln Chafee has announced that he will put an indefinite hold on the state’s three medical marijuana dispensaries from opening after receiving a threatening letter from US Attorney Peter Neronha on April 29th.

The Providence Journal published Chafee’s press statement:

May 2, 2011
Statement from Governor Lincoln D. Chafee Regarding Compassion Centers

The United States Attorney for the District of Rhode Island delivered a letter to me on Friday afternoon which was copied to the Director of the Department of Health and the three Compassion Center applicants. That letter, as well as similar letters sent to officials in other states, clarified the Department of Justice’s position on medical marijuana. The Department of Justice previously indicated that it would not focus its limited resources on doctors and their sick patients who prescribe and use marijuana if such use was permitted by state law. This position was interpreted by some states as giving them latitude to authorize medical marijuana cultivation and distribution programs. Friday’s letter makes it clear that DOJ will now pursue certain commercial cultivation and distribution of medical marijuana, even if such cultivation and distribution is permitted by state law. Compassion centers, their owners, landlords, financiers and other operations “facilitators” are identified as potential targets of federal law enforcement activities.

None of Rhode Island’s compassion center applicants have received a certificate of registration to date. In light of the United States Attorney’s articulated position on closing compassion centers, seizing proceeds and prosecuting business enterprises that market and sell medical marijuana, I have placed a hold on the State’s medical marijuana certificate of registration program. During this hiatus, I will be consulting with the governors of other states with similar medical marijuana programs, with federal officials and with the compassion center applicants themselves.

Several governors have recently alluded to a planned meeting on the medical marijuana issue. The National Governors Association is the official body of these elected officials. NGA is currently led by Governor Christine Gregoire of Washington.  DOJ also sent a letter to Gregoire, that action prompted her to veto parts of a new law that would have regulated medical cannabis dispensaries.

The Negative Impact Of The Marijuana Culture Upon Women – Vintage Anti-Marijuana Video

You know, the real problem here is the fact that this woman and her friends are incredibly boring – pot or not. Don’t go blaming the weed.

The captions become increasingly funny though. They include:

“Do marijuana smoking men make good husbands? Are they reliable? Responsible?”
“While many claim to function well on grass, outside observers disagree.”
“Marijuana can be a gateway to other drugs, such as mescaline.” [Really? Mescaline? Who can get their hands on that stuff?]

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:

Opensalon.com

Silly Lists of Nothingness

The Most Boring Blog Ever

Rowan University Student Senate Backs Marijuana Decrim

12/8/2011 – It seems that student government is ahead of the state legislature in New Jersey. Seventy-five percent of Rowan University student senators voted to support a state bill to reduce penalties for adults possessing cannabis.

The bill to decriminalize possession of up to 15 grams of marijuana, A4252, was introduced in Trenton this summer. A4252 came out strong with eighteen bi-partisan co-sponsors in the Assembly, but a companion bill has not been introduced in the state Senate.

A4252 would make possession an “infraction” instead of a “misdemeanor” and create a tiered set of fines for those over the age of 21 ranging from $150-$500. Those under 21 would also need to attend an education class.

The Rowan University Student Government is the first in the state to formally support the bill. The final vote among the student senators was 70 in favor, 20 against and 2 abstentions

There are over 26,000 arrests every year in New Jersey for marijuana, about 85% of those arrests are for possession of less than 50 grams.

New York State decriminalized marijuana possession in 1979 and Connecticut passed a decrim law earlier this year. There are 14 states that have reduced penalties for adults possesing cannabis. NORML Decrim map

The Rowan senators can count on public support as well. A Rutgers-Eagleton poll on November 30, 2011 found that 58% of New Jersey residents favor decriminalizing marijuana for adults.

Rowan student senator Phillip Simmons, who is also president of the campus chapter of Students for Sensible Drug Policy (SSDP), said, “I am happy that the Rowan Senate voted in favor of this bill because it means that the student body recognizes the unfair, unjust, and crippling effects of the current law.”

Rowan Student Government Supports NJ Bill No. A4252 An Act to decriminalize possession of 15 grams or less of marijuana. from Phil Simmons on Vimeo.

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 Rise of Corporate Cannabis

4/12/2011 – The nascent medical marijuana program in New Jersey may change the laboratory research landscape for cannabis. Several of the first six Alternative Treatment Centers are planning heavy investments (tens of millions of dollars) into lab equipment and manpower. Although explained away as regulatory compliance the long-term profits from this type of science could be substantial.

In other states the legal medical marijuana industry consists of small businesses using a holistic model of care. The Garden State is  exploring a centralized system modeled on corporate health care instead. This could be the biggest change yet for the domestic medical cannabis market.

The result could be a disaster for patients like Sandy Faiola in Asbury Park, NJ and Charles Kwiatkowski in Hazlet who both live with Multiple Sclerosis. They joined well-known MS patient Montel Williams on a recent Dr. Oz Show. All three use raw Cannabis flowers to treat their symptoms and they all must access the underground market for relief.

New Jersey’s draft regulations – set to be finalized in May – call for each licensed facility to grow just three strains of cannabis, all of them less than 10 percent THC. Patients would only be allowed two ounces per month. The soviet-style regulated supply will be inadequate for Chuck and Sandy. They may continue to face arrest even though they have supporting physicians and would fully qualify for the program because they will need to find better quality pot on the street.

The dust never really settled in NJ for the medical marijuana debate, the battle lines only shifted. Governor Chris Christie, a conservative Republican with national presence, has been right in the middle since his first day in office. While bulldozing through a difficult budget, the characteristically aggressive Governor also rolled his heavy tracks over local AIDS and cancer patients. He successfully delayed the implementation of the compassionate use law for over a year, now Christie is pushing forward a set of regulations for therapeutic cannabis have their roots in deepest bedrock of big-money politics.

Half of the first six Alternative Treatment Centers were awarded to groups who have close ties right back to the Christie Administration. Democrats suddenly got a green thumb too; another licensed ATC has the Deputy Majority Leader in the State Assembly, Thomas Giblin, on the medical advisory board.

Then the two top officials at the Department of Health and Senior Services who have overseen the NJ medical marijuana program for over a year, Dr. Poonam Alaigh and Dr. Susan Walsh,  resigned just after the ATC awards. It was a strange and still unexplained twist, but somehow par for the course in NJ.

Now, even the most politically connected marijuana production centers in the country are still complaining about Governor Christie’s very unscientific ‘ten-percent cap’ on THC potency. Because of federal prohibitions cannabis research in the United States is very limited. By exploiting the current conflict between state and federal law the ATCs in New Jersey could be used to study marijuana and its component cannabinoids for pharmaceutical endeavors years down the road. Limiting THC might interfere with the super-lab concept.

But Sandy, Chuck and Montel don’t need research or something years away. Thousands like them risk arrest every day as Governor Christie demonizes medical marijuana programs in other states while select politicos are awarded the pot futures. The Compassionate Use Medical Marijuana Act had a model to bring sick and terminal patients out of the underground marijuana market. It was not passed as a plan to turn marijuana into a processed pharmaceutical.

Thankfully the Legislature is ready to act. Senator Nicholas Scutari has introduced SCR151, a resolution that would invalidate the worst parts of Governor Christie’s proposed regulations. The rare legislative maneuver is meant to maintain the integrity of the compassionate use law and the state Constitution.  If successful, the move could re-focus the regulations on the patients instead of business interests. The Senate and the Assembly have already passed similar resolutions and it would not require the Governor’s signature.

Still, the fact that health insurance companies, pharmaceutical manufactures, mainstream political players and hospital groups now actually own most of New Jersey’s regulated marijuana market is a major sea-change for the issue. The debate is no longer centered on whether medical cannabis should be legal or not but who makes the money.

Seriously ill and terminal residents use marijuana safely every day. Humans have used it for thousands of years and American medical cannabis is already turning a healthy profit.  But the big green bubble of the US cannabis economy is inflated only by federal policy; the current cost for high-grade medical cannabis is simply the price of prohibition. The mainstream corporate interests looking to farm some of that cash have found fertile ground in the Garden State.