New Jersey Assembly approves medical marijuana bill
Monday, 11 January 2010 15:52
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Corzine expected to make law before leaving office
BY TOM HESTER SR.
NEWJERSEYNEWSROOM.COM
The Assembly Monday voted 48 to 16 with 1 abstention in favor of allowing controlled marijuana to be used by New Jerseyans suffering from such health problems as cancer, glaucoma, HIV, AIDS, seizures, muscle spasms and multiple sclerosis.
The measure returns to the Senate where is is expected to gain approval. The upper house initially approved it by a vote of 22 to 16 on Feb. 22.
Gov. Jon Corzine is prepared to sign the legislation before leaving office on Jan. 19, an action that would make New Jersey the 14 th state to legalize medical marijuana.
The "Compassionate Use Medical Marijuana Act‘' was approved after 30 minutes of debate.
"I don't think we should make criminals out of our very sick and terminally ill," said Assemblyman Reed Gusciora (D-Mercer). "It does not make sense for many of New Jersey's residents to suffer when there is a viable way to ease their pain. Medical marijuana can alleviate a lot of suffering, and there is no evidence that legalizing it for medical use increases overall drug use."
In an unusual pairing, Gusciora, probably the most outspoken liberal in the lower house, and Assembly Michael Carroll (R-Morris), the most conservative member, co-sponsored the bill.
Vote occurred before a gallery crowded with opponents and proponents of the bill.
Under the bill (S-119/A-804) a patient diagnosed by their physician as having a qualifying debilitating medical condition would be allowed to receive medical marijuana, with a limit on the amount that can be accessed in one month, with approval from a physician through a state registry system.
The state would provide permits authorizing non-profit alternative treatment centers to produce and dispense marijuana for medical purposes. A patient would only be able to register at one alternative center at a time and would have to use the prescription within one month of it being written.
Patients would be allowed to use a caregiver, courier or delivery option to receive the medical marijuana from the alternative center, and the state would have to license at least two non-profit centers in each of the state's north, central and south regions.
Only qualified doctors with ongoing responsibility for the ongoing treatment of the condition triggering the need for medical marijuana would be able to prescribe it, and physician recommendations would be tracked similar to current law requiring tracking of drugs under the New Jersey Controlled Dangerous Substances Act.
The bill continues to prohibit operating a motor vehicle, aircraft, train, motorboat or heavy equipment while under the influence of marijuana, or smoking marijuana in a school bus or other form of public transportation, on any school grounds, in any correctional facility or at any public park, public beach, public recreation center or youth center.
It also states that nothing in it should be construed to require a government medical assistance program or private health insurer to reimburse a person for costs associated with the medical use of marijuana, or an employer to accommodate the medical use of marijuana.
Alaska, California, Colorado, Hawaii, Maine, Michigan, Montana, Nevada, New Mexico, Oregon, Rhode Island, Vermont and Washington have laws that effectively removed state-level criminal penalties for medical marijuana.
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