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Feature: The Good, the Bad, and the Ugly -- The Top 10 Drug Policy Stories of 2008
With 2008 now rapidly receding in the rear-view mirror, it's time to reflect on the year that was in drug policy. Drug War Chronicle published around 500 separate articles on all aspects of drug policy in 2008 -- national and international, state and local -- and while it's difficult to winnow it all down, below are the stories, processes, and themes we think make up the 10 most important drug reform stories of the year (in no particular order):
Massachusetts Voters Overwhelmingly Pass Marijuana Decriminalization
Marijuana legalization still appears a distant chimera, but three decades after the initial spurt of states decriminalizing marijuana, we may be seeing the beginnings of a new round of successful decriminalization moves. Nevada decriminalized, or defelonized, in 2001, becoming the first state to do so since the 1970s, and in November, Massachusetts approved a decrim initiative with 65% of the popular vote. It goes into effect today, making the Bay State the 12th state to make the possession of small amounts of pot an infraction, not a crime.
New Hampshire could have become the next decrim state last year after a decrim bill surprisingly passed in the House, but it was later killed in the Senate. Suburban Chicago Heights, Illinois, however, adopted decrim in December, and local initiatives making adult marijuana possession offenses the lowest law enforcement priority -- which would result in de facto decrim if law enforcement actually obeyed them -- passed in Hawaii County, Hawaii, and Fayetteville, Arkansas, adding them to a list that now includes Ann Arbor, Denver, Seattle, a half-dozen California communities, and Eureka Springs, Arkansas.
 signs of life in Congress
Michigan Voters Overwhelmingly Pass Medical Marijuana
Medical marijuana continues its long march across the states. The biggest victory this year came in Michigan, where voters approved a medical marijuana initiative with 63% of the vote, making Michigan the 13th medical marijuana state and the first in the Midwest. That will undoubtedly help ongoing legislative efforts in states like Kansas, Illinois, Minnesota, and Ohio. In Minnesota, a bill that had passed the Senate in 2007 stalled in the House in the face of veto threats, while in New York, the Assembly passed a medical marijuana bill only to have it see no action in the Senate. Kansas saw its first legislative hearing ever on a medical marijuana bill, although that bill died a few weeks later. Last month, a New Jersey medical marijuana bill won a Senate committee vote and is still alive.
NORA Goes Down to Defeat in California
If marijuana fared well in the November elections, the same thing can't be said for a massive sentencing reform initiative in California. The Non-Violent Offenders Rehabilitation Act (NORA) would have broadened and deepened the Proposition 36 sentencing reforms passed in 2001, but, faced with powerful and deep-pocketed opponents, including drug czar John Walters, the California prison guards' union, and drug court professionals, NORA went down in defeat with only 39% of the vote.
There was more bad news, too: While rejecting NORA, voters approved the Crime Victims Bill of Rights Act, which blocks local authorities from granting early release to prisoners to alleviate overcrowding and mandates that the cash-strapped state -- officials say they will begin issuing IOUs instead of cash payments as soon as March -- fully fund corrections to ensure no prisoners are released early. At least, voters rejected an even more onerous initiative, the Safe Neighborhoods Act, which, while aimed mainly at gang members, violent criminals, and criminal aliens, would also have increased sentences for meth offenses and provided for the expulsion from public housing of anyone convicted of a drug offense. It looks like "tough on crime" still trumps "smart on crime" in the Golden State.
Signs of Life in Congress
After six years of Republican domination of both the executive and legislative branches in Washington, Democrats took back control of the Congress in the November 2006 elections, and by 2008, some small stirrings on drug reform were becoming evident. Not that we expect to see congressional Democrats end the drug war, but every little bit helps.
In February, efforts to finally begin to undo the crack-powder cocaine sentencing disparity got a boost when a House committee held hearings on it. The next month, the Senate passed the Second Chance Act, which had already been passed by the House and which will provide assistance to prisoners reentering society. President Bush signed that bill in April. Even the Republicans seem to have come around a little bit. Several of them supported bills that would address the crack-powder cocaine sentencing disparity, and Republican votes helped get the Second Chance Act over the top.
One bill that Bush would never sign -- it is unclear whether Obama would -- is Rep. Barney Frank's (D-MA) federal marijuana decriminalization bill, the first such bill introduced in decades. Don't hold your breath on this one, but even getting a bill filed in Congress represents progress. In another sign of changing times, in August, Rep. Jose Serrano (D-NY) and 25 cosponsors introduced a bill to end the federal ban on needle exchange funding. A similar bill by Serrano lifted Congress's ban on the District of Columbia government spending its own resources on needle exchange.
Sen. Jim Webb (D-VA) also played an increasingly prominent role in pushing for sentencing and drug policy reform. Using the Joint Economic Committee as his pulpit, he held a 2007 hearing on sentencing and followed that up with a June hearing on the economic and social costs of current drug policies. We sure didn't see anything like that during the years the GOP controlled the Congress.
Not that it's all good on the Hill. Congressional Democrats continued to play the politics of tough on crime and drugs, especially around the issue of funding federal grants to support those multi-jurisdictional anti-drug law enforcement task forces. But from a drug policy perspective, 2008 was a much better year on the Hill than any in this decade. As for 2009, well, that's another article.
Salvia Divinorum and the Prohibitionist Impulse
Efforts to ban the hallucinogenic Mexican plant salvia divinorum picked up pace in 2008, a perfect expression of the reflex prohibitionist response to any new substance. Although the plant has been used by Masatec shamans for centuries, it is new on the recreational drug scene, and that's enough for cops and legislators to want to shut it town, even though the DEA, which has studied it for years, has not moved to do so. Given the scant -- at best -- evidence of any harm done by using it, the only justification for banning it is the idea that somebody somewhere is getting high and must be stopped.
In 2008, California made Salvia sales to minors a misdemeanor (effective yesterday, 1/1/09), while Florida, Illinois, Kansas, Mississippi, and Virginia all banned it or its active ingredient, Salvinorin A. At this writing, a similar bill is on the desk of Ohio Gov. Ted Strickland. Other states where salvia ban efforts were underway in 2008 include Nebraska, South Carolina, Alabama, Massachusetts, and Texas.
The six states that banned it in (or whose previously passed bans went into effect in) 2008 joined Delaware, Louisiana, Maine, Missouri, North Dakota, Oklahoma, and Tennessee, which had all banned it since 2005.
2008 also won the dubious distinction of being the year of the first known arrests in the US for salvia charges. In North Dakota, Kenneth Rau was arrested after ordering $40 worth of salvia leaves on eBay and faced years in prison. It's not known what happened in his case. And in Nebraska, Lincoln shop owner Christian Firoz was arrested for selling salvia even though the plant is not illegal there. He was creatively charged under a law banning the sale of substances for the purpose of intoxication. His trial is pending.
 Salvia Divinorum Google ads continued to run on South Dakota news sites after Rau was busted.
Great Britain Embraces Reefer Madness, Moves Backward on Marijuana
Britain had taken a bold step forward when, heeding the recommendations of numerous advisory panels, it downgraded marijuana from a Class B to a Class C drug in 2004. But in May, desperate to burnish its tough on drugs and crime credentials, a flailing Labor government announced it was returning marijuana to Class B. Labor was aided and abetted in turning public opinion against marijuana by a Reefer Madness-style tabloid campaign that would have made William Randolph Hearst blush. For weeks on end, credulous tabloid readers were treated to headlines along the lines of "Son twisted by skunk knifed father 23 times," "How cannabis made me a monster," "Escaped prisoner killed man while high on skunk cannabis," "Boys on skunk butchered a grandmother," and "Teen who butchered two friends was addicted to skunk cannabis" -- and that's just from one newspaper, the Daily Mail.
Since then, the Reefer Madness campaign has subsided somewhat, only to be replaced by a steady diet of "cannabis factory" bust stories, with grow ops being busted on a daily basis and their operators too often hustled off to gaol. The steady drumbeat of sensational press stories may help explain declining support for drug reform in recent polls. In any case, marijuana goes back to being a more serious offense at the end of this month, and Britain marches resolutely backward into the last century.
America Wages Ineffective War Against Poppies and Islamists in Afghanistan
2008 was the bloodiest year yet for American and NATO forces in Afghanistan, where 155 American troops and 138 NATO troops were killed, along with uncounted thousands of Afghan rebels and civilians. While the country saw a slight reduction in opium cultivation and production, Afghanistan still produces more than 90% of the global opium supply, and that fact leaves the West with a terrible paradox: Try to eliminate the drug trade and face driving Afghan peasants into the waiting arms of the Taliban, or ignore the drug trade and let the Taliban profit to the tune of $100 million a year or more. That buys a lot of shiny new weapons to shoot at foreign troops and their Afghan government allies.
NATO and the US military want nothing to do with pissing off poppy-planting peasants, much to the dismay of the State Department and the drug warriors, but in October reluctantly agreed to enlist in the war on poppies by targeting drug traffickers associated with the Taliban -- but not those associated with the government in Kabul. Afghanistan is possibly the most serious foreign policy crisis facing the United States, the situation is deteriorating, and the drug war and drug prohibition were right in the middle of it.
America Gets High, Mexico Bleeds
Mexican President Felipe Calderón took office in December 2006 and immediately sent in the army to battle that country's so-called cartels. It hasn't gone well: Since then, more than 7,000 people have been killed in prohibition-related violence, with 2008's toll alone climbing above 5,000 as the multi-sided violence escalated. The Chronicle was there -- in person -- reporting on the military takeover of Reynosa in February, covering a conference on alternatives to the drug war in Sinaloa Cartel hometown Culiacán in May, and reporting on efforts to address military impunity for drug war human rights violations on that same trip.
Since then, matters have only deteriorated, with little sign of any improvement on the horizon. And the US is determined to make matters worse, with the Bush administration and the Congress approving a three-year, $1.4 billion "Plan Mérida" aid package to provide anti-drug assistance to the Mexican police and military. But with drug corruption scandals in law enforcement there occurring on an almost weekly basis, it is difficult to see how even a massive aid package is going to make much difference.
 marijuana legalization march, Mexico City
The continuing violence -- and its roots in American appetites for drugs and desires to prohibit them -- is having a perhaps not unexpected result: As the casualties mount and the costs increase, the Mexican public and Mexican politicians of all stripes have begun debating whether there might be a better path. In August, the opposition Democratic Revolutionary Party (PRD) said it was time to put legalization on the table, a move that won some favor with Mexicans in a poll the following month. A week later, President Calderón announced his party would consider decriminalizing possession of small amounts of all drugs, and the following month, majority members of the Mexico City city council introduced a bill to decriminalize marijuana possession and allow for cannabis coffee shops in the Mexican capital.
Mexico is living with the bloody results of drug prohibition that makes the violence of American cities pale by comparison. And that is provoking, finally, some outside the box thinking.
The Endless War Against Coca and Cocaine
There was little for American policymakers to applaud when it came to the Andean drug war last year. Nine years and $5 billion after Plan Colombia commenced, Andean coca production is essentially unchanged, and the GAO reported that it had not succeeded on its own terms. Still, Washington remains committed to Colombian President Álvaro Uribe, one of its few friends remaining in the region, despite the ineffectiveness of eradication and interdiction and despite continuing human rights violations as denounced by Amnesty International in a November report.
Meanwhile, Bolivian President Evo Morales joined Washington bête noire Hugo Chávez of Venezuela in throwing out the DEA (Chavez did it in 2005, Morales in October), as relations between the Bolivarian allies and the US grew extremely chilly, especially after President Bush listed them as the only countries in the hemisphere to be decertified as not cooperating in US drug policy goals. Only part of the problems were directly related to drug issues, but Morales and Chávez proved adept at parlaying regional angst over America's drug war into a broader offensive against the colossus of the north. Now, Bolivia will go it alone on drug policy, leaving US desires behind.
In Peru, meanwhile, President Alan García's mid-year deployment of the military to coca growing zones in a twin bid to eradicate crops and weaken a resurgent Shining Path produced little more than unhappy results. Pressure on coca growers in the southern valleys produced coca grower incursions on indigenous lands, while the fight against the Shining Path produced only the highest military and police death toll since the bloody insurgency was defeated in the early 1990s. Now, largely stripped of its Maoist ideology, but equipped with shiny new weapons bought with the profits of prohibition, the Shining Path is reemerging.
The Prohibitionist Consensus Erodes in Latin America
2008 saw significant movement toward alternatives to prohibition and the drug war in Latin America, some of the most important ones coming from the courts. In April, an Argentine court threw out drug possession charges against two young men on the grounds they were unconstitutional, and five weeks later, a Brazilian appeals court ruled the same way. One week after that, another group of Argentine jurists threw out marijuana possession charges against a young man, saying criminalizing drug possession without demonstrating harm to others was unconstitutional. By July, Argentine President Cristina Fernández de Kirchner was calling for decriminalization of drug possession.
Meanwhile, in London in May, Colombian Vice-President Francisco Santos called for debating cocaine legalization, and at the end of July, Ecuadorian President Rafeal Correa pardoned hundreds of low-level drug mules, saying it was absurd to imprison them. In October, Honduran President Manuel Zelaya joined the growing chorus, saying that drug possession should be decriminalized and hinting at larger legalization.
And, as noted above, there are the legalization noises now coming from Mexico, as well as the disdain for US prohibitionist policies from Bolivia and Venezuela. While Washington has been distracted, it looks like a sea change is getting under way down south.
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Medical Marijuana: Maine Activist Wins Acquittal on Growing, Trafficking Charges
Long-time Maine medical marijuana and marijuana legalization advocate Donald Christen is innocent of marijuana cultivation and trafficking, a jury found last week as it acquitted him of the charges. The verdict could have far reaching effects in the state, according to Christen's lawyer, Walter McKee.
"We had raised the affirmative defense that the marijuana being cultivated or being furnished was medical marijuana," McKee told the Kennebec Journal after the verdict. "Don acknowledged that he cultivated marijuana and he acknowledged that he possessed it with the intent to furnish it, but indicated that what he was cultivating and what he had possessed with the intent to furnish was medical marijuana, for one patient in particular."
The jury's acquittal came after Justice William Anderson told jurors Christen had met the criteria for medical marijuana under the state statute. Christen was arrested on the charges in December 2004 when police raided his home, which had served since the previous October as the Medical Marijuana Distribution Center. He was growing plants for a handful of patients. Under Maine's medical marijuana law, there are provisions to protect patients from prosecution, but none for allowing them to obtain their medicine. Christen filled that gap, and now he has broken new ground with his acquittal.
This is just the latest poke in the eye of Maine authorities from Christen. The veteran gadfly has bedeviled police and politicos in the state for more than a decade as founder of the legalization group Maine Vocals and organizer of the annual Maine Hempstock celebration. Don't count on him to rest on his laurels now.
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Feature: Gazing Into the Crystal Ball -- What Can We Expect in 2009?
In the other feature article in this issue, we looked back at last year, examining the drug policy high and lows. Here, we look forward, and not surprisingly, see some of the same issues. With a prohibitionist drug policy firmly entrenched, many issues are perennial -- and will remain issues until they are resolved.
 gazing into the future of drug policy reform '09 (picture from wikimedia.org)
Of course, America's drug war does not end at our borders, so while there is much attention paid to domestic drug policy issues, our drug policies also have an important impact on our foreign policy. In fact, Afghanistan, which is arguably our most serious foreign policy crisis, is inextricably intertwined with our drug wars, while our drug policies in this hemisphere are also engendering crisis on our southern border and alienation and loss of influence in South America.
Medical Marijuana in the States
In November, Michigan voters made it the 13th medical marijuana state and the first in the Midwest. Now, nearly a quarter of the US population resides in medical marijuana states, and it is likely that number will increase this year. Legislative efforts are underway in Kansas, Illinois, Minnesota, New Jersey, and New York, among others, and chances are one or more of them will join the club this year. Interest in medical marijuana is also emerging in some unlikely places, such as Idaho, where one legislator has vowed to introduce a bill this year, and South Dakota, where activists who were defeated at the polls in 2006 are trying to get a bill in the legislature this month.
California's Grand Experiment with Medical Marijuana
As with so many other things, when it comes to medical marijuana, California is a different world. With its broadly written law allowing virtually anyone with $150 for a doctor's visit to seek certification as a a registered medical marijuana patient, and with its thriving system of co-ops, collectives, and dispensaries, the Golden State has created a situation of very low risk for consumers and significant protections even for growers and sellers.
With tax revenue streams from the dispensaries now pouring into the state's cash-starved coffers, medical marijuana is also creating political facts on the ground. The state of California is not going to move against a valuable revenue generator.
And if President-Elect Obama keeps his word, the DEA will soon butt out, too. But even if he doesn't, and the raids against dispensaries continue, it seems extremely unlikely that the feds can put the genie back in the bottle. The Bush administration tried for eight years and managed to shut down only a small fraction of operators, most of whom were replaced by competitors anyway.
The state's dispensary system, while currently a patch-work with some areas well-served with stores and other whole counties without any, is also a real world model of what regulated marijuana sales can look like. Despite the wailing and gnashing of teeth by pot foes, the dispensaries have, for the most part, operated non-problematically and as good commercial and community neighbors.
California's medical marijuana regime continues to evolve as the state comes to grips with the reality the voters created more than a decade ago. We will continue to watch and report as -- perhaps -- California leads the way to taxed and regulated marijuana sales, and not just for patients.
What Will Obama Do?
It will be a new era in Washington, DC, when President-Elect Obama becomes President Obama in less than three weeks. While the president cannot pass laws, he can provide leadership to the Congress and use his executive powers to make some changes, such as calling off the DEA in California, which he has promised to do.
The one thing we know he will not do is try to legalize marijuana. In response to publicly generated questions about marijuana legalization, his team has replied succinctly: No.
 What will President Obama do?
One early indicator of Obama's proclivities will be his selection of a replacement for John Walters, the head of the Office of National Drug Control Policy. While there has been speculation about some possible candidates, none of them very exciting for drug policy reformers, no candidate has yet been named.
President Obama will also submit budgets to Congress. Those documents will provide very clear indications of his priorities on matters of interest to the reform community, from the controversial program of grants to fund anti-drug law enforcement task forces to spending levels for drug prevention and treatment, as well as funding for America's foreign drug war adventures.
The conventional wisdom is that Obama is not going to expend political capital trying to undo decades of drug war policies, but perhaps the budget axe will do the talking. Goodness knows, we don't have any money to waste in the federal budget these days.
What Will the Congress Do?
Democrats now control not only the White House, but both houses of Congress. One area we will be watching closely is the progress, if any, of federal sentencing reform. There are now more than 100,000 federal drug war prisoners, too many of them low-level crack offenders serving draconian sentences thanks to the efforts of people like Vice President elect Joe Biden, a long-time congressional drug warrior. Several different crack-powder cocaine sentencing disparity bills have been introduced. The best was authored by Biden himself, a sign of changing times, if only slowly changing. It is past time for one of these bills, hopefully a good one, to pass into law.
Rep. Barney Frank (D-MA) introduced a federal marijuana decriminalization bill last year. The best prediction is that it will go nowhere, but we could always stand to be pleasantly surprised.
Rep. John Conyers (D-MI), head of the House Judiciary Committee, has emerged as a strong critic of federal interference in state medical marijuana programs. Conyers could use his position to highlight that issue, and possibly, to introduce legislation designed to address the problem of federal interference.
One area where the Congress, including the Democratic leadership, has proven vulnerable to the politics of tough on crime is the federal funding of those anti-drug task forces. In a rare fit of fiscal sanity, the Bush administration has been trying for years to zero out those grants, but the Congress keeps trying to get them back in the budget -- and then some. We will be watching those funding battles this year to see if anything has changed.
 Coca Museum, La Paz, Bolivia
Mexico
With the death toll from prohibition-related violence topping 5,000 last year, Mexico is in the midst of a multi-sided war that is not going to end in the foreseeable future, especially given America's insatiable appetite for the forbidden substances that are making Mexican drug trafficking organizations obscenely wealthy. With the $1.4 billion anti-drug military and police assistance known as Plan Merida approved last year by the Bush administration and the Congress, the US is now investing heavily in escalating the violence.
The National Drug Information Center has identified Mexican drug trafficking organizations as the nation's number one criminal threat, and chances are the violence south of the border will begin to ooze across the line. That will only add to the pressure among law enforcement and political figures to "do something." But given the current mindset among policymakers, just about anything they may be inclined to do to "help" is unlikely to be helpful.
The cartel wars in Mexico are also having an impact on Mexican domestic politics, with President Felipe Calderón's popularity suffering a significant decline. The angst over the escalating violence has already provided an opening for talk about drug policy reform in Mexico, with the opposition PRD saying that legalization has to be on the table, and Calderón himself announcing he wants to decriminalize drug possession (although how that would have any noticeable impact on the traffic or the violence remains unclear).
Look for the violence to continue, and watch to see if the resulting political pressure results in any actual policy changes. Drug War Chronicle will likely be heading down to Tijuana before too long for some on-scene reporting.
The Andean Drug War
... is not going well. Despite pouring billions of dollars into Plan Colombia, coca production there is at roughly the same level as a decade ago. Cocaine exports continue seemingly immune to all efforts to suppress them, although more appears to be heading for Europe these days. During the Bush administration, the US war on drugs in Colombia has morphed into openly supporting the Colombian government's counterinsurgency war against the leftist FARC rebels, who have been weakened, but, flush with dollars from the trade, are not going away. Neither are the rightist paramilitary organizations, who also benefit from the trade. Will an Obama administration try something new?
Meanwhile, Bolivia and Venezuela, the only countries singled out by the Bush administration as failing to comply with US drug policy objectives, have become allies in an emerging leftist bloc that seeks to challenge US hegemony in the region. Both countries have thrown out the DEA -- Venezuela in 2005, Bolivia last fall -- and are cooperating to expand markets for Bolivia's nascent coca industry. Bolivian President Evo Morales acknowledged this week that some coca production is being diverted to cocaine traffickers, but said that he does not need US help in dealing with it.
And in Peru, where President Alan García has sent out the army to eradicate coca crops in line with US policy, unrest is mounting in coca growing regions, coca farmers are pushing into indigenous territories, causing more problems, and the Shining Path insurgency, once thought decisively defeated, has reemerged, although apparently minus its Maoist ideology, as a criminal trafficking organization and protector of coca farmers. The Peruvian government blames the Shining Path for killing 25 soldiers, police, and anti-drug workers in ambushes last year. Look for that toll to increase this year.
 Afghan opium
Afghanistan
More than seven years after the US invaded to overthrow the Taliban and destroy Al Qaeda, Afghanistan is the world's largest opium producer, and has been each year since the Taliban were driven from power. While US drug war imperatives remain strong, they are in conflict with the broader objectives of the counterinsurgency there, and any efforts to suppress poppy planting or the opium trade will not only have a huge impact on the national economy, but are likely to drive Afghan farmers into the waiting arms of the resurgent Taliban, which is estimated to make hundreds of millions of dollars a year off taxing and protecting the trade. That buys a lot of guns to point at Afghan, American and NATO troops.
President elect Obama has vowed to reinvigorate the US war in Afghanistan by sending 20,000 additional troops, and NATO has reluctantly agreed to attack the drug trade by going after traffickers linked to the Taliban or various warlords -- but not those linked to the government in Kabul. Last year was the bloodiest year yet for coalition forces in Afghanistan; look for this year to top it.
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Feature: New Jersey Medical Marijuana Bill Heads for Senate Floor After Favorable Committee Vote
New Jersey took a step toward becoming the 14th medical marijuana state Monday as a Senate committee heard testimony, then voted 6-1 (with two abstentions) to send Senate Bill 119, the New Jersey Compassionate Use Medical Marijuana Act, to the Senate floor, where it could be voted on as early as next month. The state Assembly has yet to vote on the bill, but Gov. Jon Corzine (D) has indicated he would sign the bill if it reaches his desk.
 Jim and the late Cheryl Miller, with Gary Storck and Jacki Rickert, outside former US Rep. Bob Barr's office (photo from immly.org)
The bill, passed by the Senate's Health, Human Services and Senior Citizens Committee, would set up a registry program with the Department of Health and Senior Services for people with debilitating medical conditions, including cancer, glaucoma, HIV or AIDS, or other diseases that cause wasting, chronic pain, severe nausea, seizures, or severe and persistent muscle spasms. Registered patients or their caregivers could possess up to six marijuana plants and an ounce of usable marijuana.
The bill would also address what has been a thorny issue in some states that have approved medical marijuana laws: the question of supply for people who cannot grow their own. To address the supply problem, the bill foresees the licensing of collective gardens where patients could obtain medical marijuana.
Monday's hearing featured testimony from patients, experts, and drug reformers, as well as written testimony from the New Jersey Academy of Family Physicians, the New Jersey League for Nursing, the New Jersey chapters of the Leukemia and Lymphoma Society, and the New Jersey Hospice and Palliative Care Organization in support of the bill.
It began with an impassioned argument by Sen. Nick Scutari (D-Union County), the bill's original sponsor. "There is no price we would not pay, no limits to which we would not go" to prevent loved ones from suffering needlessly, Scutari told his colleagues on the Senate Health, Human Services and Senior Citizens Committee.
Scutari addressed opponents who argued that the state should wait for the US Food and Drug Administration to approve marijuana. "There is little comfort in the promise of a better drug 10 years from now," he said, noting that the federal government has ignored recommendations to conduct clinical trials with medical marijuana.
Dr. Denis Petro, a board-certified neurologist in neighboring Pennsylvania with a quarter-century of experience in neurology, clinical pharmacology, and marijuana research also testified. He told the committee how he conducted the first American study of marijuana's beneficial effects for multiple sclerosis (MS) patients 1981. It was time for New Jersey to approve a medical marijuana bill, he told the committee.
"There is no doubt that medical marijuana will eventually be allowed in New Jersey", said Kenneth Wolski, an RN, who with Jim Miller, the widow of New Jersey medical marijuana patient/activist Cheryl Miller, co-founded the Coalition for Medical Marijuana--New Jersey to press for such a bill five years ago. "There is too much logic, common sense, compassion and science that supports it. Logic says that doctors prescribe far more dangerous and addicting drugs than marijuana; common sense says that this issue ought to be decided in the privacy of the doctor-patient relationship, in the best interest of the patient; Compassion says that no patient should suffer needlessly; and there is a wealth of scientific evidence that supports the safety and efficacy of medical marijuana," Wolski concluded.
Although medical marijuana legislation had been offered each year since 2004, it had failed to move. But the Senate Health committee made up for lost time Monday, immediately voting to send the bill to the Senate floor with its stamp of approval. Patients and advocates were quick to thank the committee.
"It really brings me to tears, not just for me as someone suffering from multiple sclerosis, but as a registered nurse and for all the people that I've treated," said Elise Segal, who had testified in support of the bill earlier in the day.
"We want to thank the senators on the committee for voting for the New Jersey Compassionate Use Medical Marijuana Act," said Roseanne Scotti, director of the Drug Policy Alliance New Jersey office and a tireless campaigner in Trenton. "The bottom line is about compassion. If you or someone you love is seriously ill and none of the available medications relieved the suffering, wouldn't you want access to medical marijuana if a doctor recommended it? New Jerseyans overwhelmingly support this legislation and we are grateful to the committee for hearing their voices."
"I am pleased to see the support of the committee for Senate Bill 119," said Dr. Petro. "With passage of the legislation, patients with serious and life-threatening disorders can be offered a safe and effective alternative when conventional therapy is inadequate. The bill represents a positive step toward a rational policy regarding medical marijuana."
"I am thrilled that today members of the Senate Health Committee supported the common sense and compassionate response to suffering," said Nora Bertocci, a registered nurse and chair of the New Jersey Hospice and Palliative Care Organization, which works with sick and dying patients on a daily basis. "Medical marijuana is used very successfully in other states and in other countries. We should not be asking 'why should we legalize marijuana for medicinal purposes?' but rather 'why shouldn't we?'"
Since California led the way in 1996, 13 states have passed laws providing for the medicinal use of marijuana: Alaska, California, Colorado, Hawaii, Maine, Michigan, Montana, Nevada, New Mexico, Oregon, Rhode Island, Vermont and Washington State. Last month, Michigan voters made it the first Midwest state to join the list. If the New Jersey Assembly acts next year, it could become the first Mid-Atlantic state to join.
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Press Release: Sacramento Becomes 48th California County to Adopt Medical Marijuana ID Card Program

FOR IMMEDIATE RELEASE DECEMBER 16, 2008
Sacramento Becomes 48th California County to Adopt Medical Marijuana ID Card ProgramCounty Was Third Largest Without State-Mandated System
CONTACT: Aaron Smith, MPP California policy director, 707-291-0076
SACRAMENTO, Calif. ? The Sacramento County Board of Supervisors decided today to adopt a medical marijuana identification card system, 4 to 1, making it the 48th county to adopt plans to comply with a requirement of a 2003 state law.
By giving patients the option of obtaining cards identifying them as qualified medical marijuana patients, law enforcement officers will be able to quickly discern whether they are operating within the law, sparing taxpayers the burden of costly, time-consuming false arrests, advocates said.
The only counties larger than Sacramento that have yet to obey the law requiring a medical marijuana I.D. card program are San Diego and San Bernardino. Those two counties have challenged the program in court three times, all of which have failed. The San Diego County Board of Supervisors has announced its intention to make a final appeal to the U.S. Supreme Court.
Meanwhile, Ventura County became the last in Southern California ? other than San Diego and San Bernardino ? to implement a medical marijuana I.D. card program Monday.
"The decision today signals the beginning of a new an era for California's medical marijuana law,? said Aaron Smith, California policy director for the Marijuana Policy Project. "It should now be crystal clear to all state and local officials that it's their duty to carry out state law and the will of the voters ? regardless of their personal opinion on this issue."
Patients hailed the Sacramento board's vote as a boon for medical marijuana patients and law enforcement alike.
"By choosing to offer medical marijuana I.D. cards, the supervisors aren't just demonstrating their respect for the law and the will of the voters," said Candice Works, a Sacramento medical marijuana patient and former substance abuse counselor with Kienböck's disease, a rare and painful bone condition. "They're also showing they care about protecting patients from false arrest and saving our police from wasting time investigating law abiding patients. It's in everybody's interest to ensure our medical marijuana program functions as smoothly as possible, and that's what the I.D. card program does."
With more than 26,000 members and 100,000 e-mail subscribers nationwide, the Marijuana Policy Project is the largest marijuana policy reform organization in the United States. MPP believes that the best way to minimize the harm associated with marijuana is to regulate marijuana in a manner similar to alcohol. For more information, please visit www.MarijuanaPolicy.org.
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