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New Jersey Lawmakers Approve Bill Providing Medical Marijuana Patient Insurance Benefits

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Employment insurance benefits would be extended to cover the costs of medical marijuana for registered patients in New Jersey under a bill that cleared an Assembly committee on Monday.

While medical cannabis has been legal in New Jersey since 2010, nothing in current state statute currently stipulates that costs associated with the medication must be covered via workers’ compensation or personal injury protection (PIP). That would change under legislation sponsored by Assemblymembers John Burzichelli (D), Herb Conaway (D) and Joann Downey (D).

“Many workers’ compensation insurance companies and PIPs are still hesitant to cover medical cannabis or have an outright policy of denying it,” the lawmakers said in a joint statement. “People injured and receiving coverage through PIP or worker’s comp can come away from a doctor’s appointment with a prescription for medical marijuana; however, it is not definite that their healthcare plan will cover it or reimburse them for the costs.”

“The dispensing of medical cannabis is, in part, considered an important piece in the national effort to combat the opioid crisis. Medical cannabis is seen as an effective pain treatment option that is cheaper, less addictive than opioids, and often preferred to prescribe to patients over opioids. A patient and their doctor should have every option available to make the best decisions for their care; and, medical cannabis as an option growing in demand, health insurance plans—including worker’s comp and PIP—should cover its costs too.”

The bill advanced through the Assembly Appropriations Committee in a 7-4 vote.

Text of the legislation states that “an employer or workers’ compensation insurance carrier or private passenger automobile insurance carrier shall provide coverage for costs associated with the medical use of marijuana.”

In another workplace cannabis development in New Jersey earlier this year, a former Amazon warehouse worker and medical marijuana patient who was fired over a positive THC test secured a procedural victory by a federal judge in April. The court granted his request for a motion to remand, kicking his case to the state Superior Court for consideration—rather than a federal U.S. District Court—where he stands a better chance of prevailing.

The passage of the reform bill in the Assembly committee comes one week before New Jersey residents are set to vote on a referendum to legalize cannabis for adult use. A committee was set to hold a public hearing on the measure last week, but it was cancelled shortly after being announced.

Sen. Nicholas Scutari (D), who chairs that panel and previously introduced a legalization bill that did not advance to a floor vote, said earlier this month that he’s been working in recent weeks with the governor’s office and legislative leaders to finalize a detailed enabling bill to implement legal market regulations.

He said the measure, which could be passed as soon as the first week of November, would look similar to a bill he previously introduced, though he wants to add a retroactive provision to end cannabis-related prosecutions for pending cases.

If polling is any indication, it appears that voters are poised to pass the cannabis referendum on their ballots next month.

A survey released last week found that that 65 percent of New Jersey voters are in favor of the marijuana referendum. Just 29 percent are opposed to the policy change and six percent remain undecided.

The results are statistically consistent with three prior polls from the same firm, as well as one from Fairleigh Dickinson University, which similarly found roughly two to one support for the measure. A separate survey released earlier this month by Stockton University showed three to one support for legalizing cannabis among New Jersey voters.

Gov. Phil Murphy (D) has been actively campaigning in favor of the referendum, participating in fundraisers and ads to encourage voters to approve it.

He recorded a video that was released by NJ CAN 2020 earlier this month, outlining why he’s embraced the policy change. Murphy said that the ongoing criminalization of cannabis in New Jersey wastes taxpayer dollars, and he emphasized that prohibition is enforced in a racially disproportionate manner.

The governor similarly said in a recent interview that the marijuana reform proposal prioritizes social justice.

Murphy also recently called on voters to support the proposal in an email blast that was circulated by the New Jersey Democratic State Committee.

He said in July that legalizing cannabis is “an incredibly smart thing to do” both from an economic and social justice perspective.

The governor isn’t alone in his attempts to get out the vote for cannabis reform. Filmmaker Kevin Smith earlier this month urged his Twitter followers to “VOTE YES when you see State Public Question Number 1: Constitutional Amendment to Legalize Marijuana.”

NJ CAN 2020, one of two campaign committees working to pass the cannabis referendum, recently released a series of English- and Spanish-language video ads, after having published one prior ad. Meanwhile, campaign finance records compiled show that legal marijuana supporters are out-raising opponents by a ratio of nearly 130:1.

In June, the state Assembly passed a cannabis decriminalization bill that would make possession of up to two ounces a civil penalty without the threat of jail time, though it hasn’t advance in the Senate.

GOP Tennessee Senator Calls For Medical Marijuana Legalization In New Campaign Ad

Photo by Aphiwat chuangchoem.

Marijuana Moment is made possible with support from readers. If you rely on our cannabis advocacy journalism to stay informed, please consider a monthly Patreon pledge.

Kyle Jaeger is Marijuana Moment's Los Angeles-based associate editor. His work has also appeared in High Times, VICE and attn.

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New Jersey Prosecutors Must Suspend Marijuana Possession Cases, State Attorney General Says

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The New Jersey attorney general on Wednesday told prosecutors to adjourn most marijuana possession cases until at least January 25, 2021 following voter approval of a referendum to legalize cannabis for adult use this month.

While the initiative amends the state Constitution to legalize marijuana for those 21 and older, lawmakers must still pass enabling legislation to create a regulatory framework for cannabis sales. The day after the election, Attorney General Gurbir Grewal (D) had issued initial guidance to prosecutors encouraging them to use discretion when it comes to marijuana offenses that will soon be codified as legal.

But this latest announcement expands on that memo, ordering prosecutors to pause cases involving a wide range of low-level cannabis possession offenses.

“Fairness demands that we suspend prosecution of marijuana possession-related cases while we await direction from the Legislature on the parameters for decriminalization of marijuana and legalization of regulated adult-use cannabis,” Grewal said. “It simply does not make sense or serve justice to proceed with prosecutions on charges that may be foreclosed soon through legislative action.”

The attorney general’s office listed seven specific laws that will be impacted by the temporary policy change, including those penalizing possession of up to 50 grams of cannabis and being under the influence of marijuana.

“Notably, today’s guidance does not affect the prosecution of cases charging distribution of marijuana or possession of marijuana with intent to distribute,” a press release from his office says.

The new memo specifies that “in cases where there are other pending charges in addition to the marijuana possession-related offenses enumerated above, prosecutors shall use their discretion to either postpone the case in its entirety or seek dismissal, without prejudice, of the above-enumerated marijuana possession-related charge(s) and proceed with prosecution of the remaining charges.”

In the previous guidance released earlier this month, Grewal recognized that there may be some confusion among residents about the implications of the legalization referendum’s passage so police and prosecutors “should exercise discretion” in pursuing marijuana cases, as outlined under earlier 2018 guidance that he issued.

A municipal prosecutor recently argued in a memo sent to colleagues across the state that voters’ approval of the legalization referendum, as well as the attorney general’s earlier directive this month, means that many current cannabis cases should not be pursued.

Senate President Steve Sweeney (D), who previously pressed the attorney general to issue guidance to suspend arrests and court cases for possession of marijuana, praised the new move on prosecutions.

“Now that the people of NJ have spoken no one should be subject to facing criminal charges for minimal amounts of this substance,” he said in a tweet.

Enabling legislation to set rules for the state’s cannabis market was introduced just days after the referendum vote, and it’s already advancing at the committee level.

Most recently, the Assembly Appropriations Committee and Senate Budget and Appropriations Committee approved legalization bills, albeit in differing forms that will have to be resolved. Planed floor votes for this week have been canceled as leaders hold bicameral negotiations on outstanding details.

Meanwhile, the Senate recently approved a separate marijuana decriminalization bill and the Assembly was supposed to vote on it as well, but that was also pushed back amid disagreement about an amendment to lower penalties for psilocybin, and has yet to be rescheduled.

In anticipation of the legislature’s approval of a legalization bill, Gov. Phil Murphy (D) recently named an official to lead the state’s Cannabis Regulatory Commission that will oversee the legal marijuana market.

Republican Lawmakers And Celebrities Push Trump To Free Marijuana Prisoners Before Leaving Office

Photo courtesy of Mike Latimer.

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Republican Lawmakers And Celebrities Push Trump To Free Marijuana Prisoners Before Leaving Office

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A group of celebrities, Republican officials and civil rights advocates sent a letter to President Trump on Wednesday, urging him to pardon or commute the sentences of people in federal prison for nonviolent federal marijuana offenses.

The letter, which organizers said they adapted from an earlier request after discussing the previous proposal with the office of Trump senior adviser and son-in-law Jared Kushner, states that the signatories “strongly believe that justice necessitates the exercise of executive clemency in these cases.”

Unlike the last version, the new letter comes with an attachment—at the request of Kushner’s office, advocates said—of a specific list of 24 people who are currently behind bars for cannabis offenses, including several who are serving life sentences.

Weldon Angelos, who himself was convicted over cannabis and handed a mandatory minimum sentence before a court cut his sentence and released him, personally delivered the first version of the letter to the White House in March. He told Marijuana Moment that Kushner’s office then reached out to his organization, Mission Green, to request that, in addition to redelivering the request, advocates include a list of incarcerated people who they feel are especially entitled to presidentially granted relief.

Those two dozen currently incarcerated individuals include people like Luke Scarmazzo, who was sentenced to 22 years in federal prison for operating a state-legal medical cannabis business in California. These inmates shouldn’t have to wait for Congress to get around to enacting federal policy change, and the president should use executive action to pardon them, the letter states.

“You have expressed support for the States’ right to implement their own cannabis laws, especially for medicinal purposes,” the signatories, including former NBA star Kevin Garnett, wrote. “And while there are a number of proposals being introduced in Congress to finally put an end to cannabis prohibition, they tend to lack any real avenue of relief for those who are serving time for selling cannabis.”

“Given the timidity of this proposed legislation, the gridlock in Congress, and the imperative of freedom, clemency is the right tool to fix this problem,” it continues. “You and you alone have the power to call out a grand hypocrisy of prior administrations. While cannabis became a thriving, legal market and enriched many, your predecessors ignored the people who were—and are—serving long federal terms for doing the same thing.”

Leaders in the Democratic-controlled House of Representatives announced that they plan to vote on a far-reaching bill to federally legalize marijuana next month, but the Republican Senate has shown no signs it intends to follow suit.

Among the more than 50 signatories of the new letter is Alice Johnson, who appeared at the Republican National Convention and whose story was featured in Trump campaign ads after her drug sentence was commuted by the president.

Republican state lawmakers from Kansas, Maine and Missouri also signed on, as did a former U.S. attorney, actor Danny Trejo, the New Haven, Connecticut police chief and former New Mexico governor and presidential candidate Gary Johnson. They were joined by representatives of groups like #cut50, Marijuana Policy Project and Law Enforcement Action Partnership.

So far during his administration, Trump has granted 27 pardons and 11 commutations. But the advocates behind this letter, including members of the CAN-DO Foundation, which partnered with Mission Green, expect to see a ramping up of clemency from the executive office in the coming weeks, as is traditional during the final weeks of a presidency.

Kushner and the White House press office did not immediately reply to Marijuana Moment’s request for comment for this story.

Angelos said that he hasn’t received confirmation on timing, but he expects Trump to announce additional pardons and commutations as early as the Thanksgiving holiday.

“It’s ridiculous that we currently have a billionaire in the cannabis industry, yet we are keeping select individuals in prison for doing the exact same thing. This is just another example of a wasteful and destructive criminal justice system,” he said in a press release. “I firmly believe President Trump will strongly consider fixing some of the most egregious sentences that we have brought to his attention.”

“He’s the first president on modern history to commute a number of sentences in his first few years in office,” he added. “Traditionally, pardons and commutations happen at the end of a presidency, and so this pattern gives us some comfort that we will get justice for some of them.”

It’s not clear how Trump will react to the request for a round of cannabis-specific clemency.

His reelection campaign worked to frame him as the criminal justice reform candidate, but he hasn’t proactively championed marijuana reform, has made several anti-legalization administration hires and issued signing statements stipulating that he reserves the right to ignore long-standing congressional riders that prohibit the Justice Department from using its funds to interfere with state-legal medical cannabis programs.

Also, despite his pledged support for medical marijuana and states’ rights, the president evidently holds some negative views toward cannabis consumption, as evidenced in a 2018 recording in which he said that using it makes people “lose IQ points.”

Read the letter to Trump about marijuana clemency below:

Letter to President Trump -… by Marijuana Moment

Marijuana Legalization Is Inevitable In New York, Especially After New Jersey Vote, Top Senator Says

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New Jersey Prosecutor Urges Colleagues To Stop Pursuing Most Marijuana Cases While Legalization Bill Advances

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A municipal prosecutor in New Jersey is arguing in a memo sent to colleagues across the state that voters’ approval of a marijuana legalization referendum this month, and subsequent guidance from the attorney general, means that many current cannabis cases should not be pursued.

In a two-page message to other top law enforcement officials that was shared with Marijuana Moment, Jon-Henry Barr, the municipal prosecutor for the Township of Clark, said that he appreciated that state Attorney General Gurbir Grewal (D) released guidance stipulating that police and prosecutors “should exercise discretion” in pursuing marijuana cases.

But voters made clear on Election Day that they no longer want to see adults 21 and older to be convicted for simple possession, he said, and they also lack control over lawmakers’ timeline for passing enabling legislation that would codify that policy statewide.

“New Jersey’s municipal prosecutors can look to the text of the State Constitution and interpretive caselaw for more guidance about what should be done with pending cases,” Barr, who is a past president of the New Jersey State Municipal Prosecutor’s Association and is a member of the pro-reform group Law Enforcement Action Partnership, wrote. “The primary duty of a lawyer engaged in public prosecution is not to convict, but to see that justice is done.”

The attorney general’s reminder that prosecutors have discretion in cannabis cases is important, but it still leaves questions about how exactly they should proceed in the interim while lawmakers work on implementing regulations for a legal marijuana market, he said.

“In light of the global pandemic and the statewide referendum, are the interests of justice served by continuing to prosecute low level marijuana cases?” he asked. “I conclude that no reasonable argument can be made to claim that the interests of justice are accomplished by maintaining the prosecution of most current cases. However, that does not mean that all cases should simply be summarily dismissed.”

In terms of what types of cases could continue to be subject to prosecution, Barr said the referendum simply applied to low-level possession for those 21 and older. Underage possession, distribution and possession with the intent to distribute should all still be pursued on a case by case basis, at least while the legislature works to enact specific regulations.

While the attorney general in 2018 issued previous initial guidance encouraging discretion in marijuana cases, Barr said the referendum vote demonstrates that “public policy in New Jersey has now shifted significantly further, and it is my thoughtfully considered, carefully researched, and well-reasoned position that most, but not all, current marijuana cases should not be prosecuted.”

“I again maintain that this memo fully respects and complies with the direction provided thus far by the attorney general of New Jersey, and complete deference to his directives will continue,” he said.

Enabling legislation to set rules for the state’s cannabis market was introduced just days after the referendum vote, and it’s already advancing at the committee level.

Most recently, the Assembly Appropriations Committee and Senate Budget and Appropriations Committee approved legalization bills, albeit in differing forms that will have to be resolved. Planed floor votes for this week have been canceled as leaders hold bicameral negotiations on outstanding details.

Meanwhile, the Senate recently approved a separate marijuana decriminalization bill and the Assembly was supposed to vote on it as well, but that was also pushed back amid disagreement about an amendment to lower penalties for psilocybin, and has yet to be rescheduled.

In anticipation of the legislature’s approval of a legalization bill, Gov. Phil Murphy (D) recently named an official to lead the state’s Cannabis Regulatory Commission that will oversee the legal marijuana market.

Read the memo to prosecutors on marijuana enforcement discretion below: 

Memo on marijuana prosecuti… by Marijuana Moment

Connecticut Lawmakers Will Put Marijuana Legalization On The Ballot If Legislature Rejects Bill

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