TRENTON — The state Senate today voted to reject Gov. Chris Christie's proposed rules for the state stalled medical marijuana program that Democratic lawmakers and patient advocates have described as "unworkable.'' The Senate voted 22-16 to oppose the rules, in defiance of an agreement Christie reached Dec. 3 with the Assembly sponsor of the law that softened some of...
Beatriz Herrera-Rodden shows off some of her marijuana samples at the Cannabis Crown 2010 expo April 18 in Colorado.TRENTON — The state Senate today voted to reject Gov. Chris Christie's proposed rules for the state stalled medical marijuana program that Democratic lawmakers and patient advocates have described as "unworkable.''
The Senate voted 22-16 to oppose the rules, in defiance of an agreement Christie reached Dec. 3 with the Assembly sponsor of the law that softened some of the governor's positions on how many growers and sellers should be licensed, and what doctors must do before they recommend patients use the drug to alleviate their suffering.
Sen. Nicholas Scutari (D-Union), who sponsored the law and the resolution rejecting the program's rules, acknowledged he did not know when patients will be able to legally obtain marijuana. Seeking a repeal "will certainly mean a delay, but it’s a delay of a program that won’t work,’’ Scutari said.
Assemblyman Reed Gusciora (D-Mercer), the Assembly sponsor of the medical marijuana law, and the governor announced an agreement that would allow six dispensaries or "alternative treatment centers’’ to grow and sell the drug to approved patients, as the law specifies. In October, Christie proposed allowing only four outlets to sell the pot, grown by with two marijuana farmers, with the option of the four sellers each opening an additional outlet after a year.
Christie also agreed to comply with the law requiring that only doctors treating patients with seizure disorders, intractable skeletal muscular spasticity or glaucoma need to attest in writing that all conventional methods of treatment had failed before recommending the drug. Christie’s Health Commissioner Poonam Alaigh wanted to apply the same standard to all patients, including people with cancer, Lou Gehrig’s disease and AIDS.
"When I speak to lobbyists and advocates and fellow senators, they seem fairly convinced the so-called compromise Christie is putting forward is no compromise. He’s just doing the things the law requires in black and white,’’ Scutari said.
Scutari, patients, and advocacy groups said they still oppose the rule that limits the drug's potency level to 10 percent THC, because the marijuana sold illegally is nearly twice as strong. Other objections include a requirement the state wait two years before amending the law to add new medical conditions that could qualify a patient for enrollment.
Following the afternoon vote, Gusciora said while he "respected the New Jersey’s Senate role in providing checks and balances on the Governor’s regulations regarding medical marijuana, I believe this vote in effect, nullifies the program all together for the foreseeable future.''
"Unfortunately, the Senate sponsors now cannot guarantee those who suffer from nausea associated with chemotherapy or wasting syndrome from AIDS will find relief anytime soon,'' he added.
The Assembly passed the resolution last month by a vote of 48-22 with seven abstentions. The health department has 30 days to offer changes, Scutari said. A public hearing would be held on the proposal within 20 days, and the legislature would have to vote again whether to repeal or accept the rules.
Previous coverage:
• N.J. lawmakers to decide whether to go against Gov. Christie on medical marijuana rules
• Medical marijuana issue in N.J. pits pain-relief proof against politics
• Gov. Christie will allow 6 N.J. nonprofits to grow, sell medical marijuana
• Gov. Christie softens stance on production, distribution of medical marijuana
•Legislature is right to kill Christie's pot rules
• N.J. Assembly votes against Christie's medical marijuana rules, but Senate delays action
• Proposed medical marijuana rules again face scrutiny from N.J. lawmakers
• Star-Ledger Guest Columnist: Snuffing out medical marijuana
• N.J. doctors required to 'make reasonable efforts' to wean patients off medical marijuana
• N.J. Senate, Assembly committees approve repealing medical marijuana rules
• Complete coverage of the New Jersey medical marijuana legislation