Marijuana Policy Project

Bill legalizing it for the sick could be law by summer's end

Rutherford resident Karen Florio was diagnosed with breast cancer in 2000. Within a year, she went into remission. Last year, the cancer had spread to her esophagus. As a cancer sufferer, Florio is prescribed morphine. But her doctors tell her that if and when medical marijuana becomes legal in New Jersey, she would be one of the first people prescribed it.

Florio has traveled to places such as Oregon where medical marijuana is legal and has taken the drug and claims it does wonders for her condition. "It takes away all the negativity that the cancer is putting upon you," she said. "The only con is it's illegal and if you're buying it off the street, it's a dangerous thing to do."

But that could soon change. A bill that would make medical marijuana legal passed an Assembly committee last week by a vote of 7 to 1, and the drug could be available in New Jersey as soon as this year.

According to Ken Wolski, a registered nurse and the head of the Coalition for Medical Marijuana in New Jersey, the full assembly could vote on the bill as soon as this week.

Jason Butkowski, a spokesman for Senate Democrats, was a bit more cautious. He told the South Bergenite he hopes the Assembly will vote on the bill before the legislature takes its summer "budget break" next month.

Butkowski said one of the bill's main Senate sponsors, Nicholas Scutari (D-Union), "will be reaching out to Assembly Speaker [Joseph J.] Roberts' office in the next couple of weeks to push it along."

Governor Jon Corzine already said he would sign the bill and, within 90 days of his approval, the bill could become law in New Jersey. Marijuana use for medical purposes is currently legal in 13 states.

"I think we've reached a point where we can tell the difference between someone using marijuana for a recreational high and someone using marijuana to treat an existing and prolonged medical condition," said Senator Ed Whelan (D-Atlantic), one of the bill's main sponsors, in a statement. "The purpose of this legislation is to give patients who are dealing with the symptoms of chronic and terminal disease a humane alternative to treat and control those symptoms. This bill is about decency and compassion for folks trying to find dignity and relief in the face of prolonged and terminal illnesses."

The bill passed through the state senate in February. Proponents for medical marijuana, like Wolski, believed the senate would be the holdup and expect a positive vote from the assembly. "We hope that it will pass," he said.

The senate and assembly have different versions of the bill. The senate version has a provision for "alternative treatment centers", which are collective gardens where patients can pay others to grow marijuana for them. The patients would own the plants, making it unlike the model for medical marijuana in California where patients can purchase the drug from state-approved dispensaries. "This would have to be reconciled with the assembly bill," said Wolski.

The amended Assembly version of the bill excludes individuals from owning their own plants. Instead, patients must physically obtain marijuana from designated "alternative treatment centers", or have it delivered to their homes by special couriers.

The law, if passed, would allow patients with a debilitating medical condition, such as cancer, glaucoma, positive HIV/AIDS status, wasting syndrome, severe chronic pain, severe nausea, seizures or severe and persistent muscle spasms to obtain a card through their primary doctors and the Division of Health and Senior Services. The bill excludes a number of other conditions which may benefit from marijuana use, including Post-Traumatic Stress syndrome, Bipolar disorder or Attention Deficit Disorder, according to Wolski. "It's not as broad as it could be," he said. "There are limits to the bill that need to be addressed at a later date."

California allows doctors to prescribe marijuana to patients for any reason. Nonetheless, the Coalition for Medical Marijuana in New Jersey is in favor of the bill. "This bill is a great start and we support this bill," said Wolski.

The bill will allow patients to grow six plants or be in possession of one ounce of marijuana. "New Jersey really has the most conservative plant limits or possession amounts," said Wolski.

Florio has lost 40 pounds due to her illness and notes the benefits marijuana has for her appetite. In addition, she said the drug helps her well being in a way that morphine, a narcotic drug similar to heroin that is legal in all 50 states, does not. "That's a strong drug and it has its benefits," she said. "When I was coming off of morphine after my pancreatic surgery, I withdrew from home and it was a nightmare."

Florio believes critics who argue that marijuana will fall into the wrong hands if it is legalized for medical purposes are misled. She notes that like a drug user might ask someone who is prescribed pain medication for his or her medicine, a drug user might ask a medical marijuana user for the drug. "The same way I would never consider giving away my pills, I would never consider giving away my medication [marijuana]," she said.

In addition, with any narcotic drug, pharmacies keep a close tab on whoever transports the drug. For example, she needed to navigate red tape to make sure her caregiver could pick up her morphine.

Florio will be seeking signatures for a petition to urge legislators to pass the bill and hopes it become legal before it's too late. "Fingers crossed, I hope I'll live long enough to see this bill pass through," she said.