by Mandy Crum

Created on: December 11, 2008   Last Updated: December 19, 2008

Efforts to pass a medical marijuana bill in New Jersey are moving slowly, but they are moving, and that alone is reason to celebrate according to Ken Wolski, executive director of the Coalition For Medical Marijuana New Jersey.

"Just getting the issue out to the legislators and the public is good for us," says Wolski.

If the bill is passed, New Jersey would join 14 other states which are actively involved in the medicinal marijuana program, including California, Hawaii, and Maryland. Sponsored by Senator Nicholas Scutari, the New Jersey Compassionate Medical Marijuana Act would allow patients suffering from cancer, AIDS, HIV, and glaucoma, among others, to use and have possession of marijuana under a doctor's recommendation; they would be limited to six marijuana plants and up to one ounce of pre-dried marijuana. Those patients would also be required to register for an identification card which would allow law enforcement officials to weed out the legitimate users from those who do not have a doctor's permission.

This ID system has come under close scrutiny in states like California, however, after the landmark case of Ashcroft v. Raich, in which it was ruled that the federal government, under the Controlled Substances Act, would still be allowed to prosecute users of medical marijuana even in states that have passed the legalization bill (that position was immediately challenged by medical marijuana advocates, including the Drug Policy Alliance and the American Civil Liberties Union, who threatened to sue if the program was not reinstated). In fact, three counties in California suspended their ID card program in the wake of the Raich case, only to have it reinstated about a week later after state officials protested that they still held the right to determine the health and welfare of California residents, regardless of any conflict with federal law. This meant that any patient who had given personal information while registering for an identification card would not be be prone to federal investigation and possible arrest, as was previously threatened and argued at length during the Raich case.

Despite some of the bad press surrounding the bill, however, polls indicate that about 80% of the New Jersey population are in support of it being passed into a law. Most of the opposition comes from professional narcotics officers, who say that while they have no issue with legitimately ill people, they are against those who manipulate the illness of those patients in order to legalize the drug. Medical marijuana advocates argue that there is no evidence to support the theory that drug use has increased in those states which have already passed the law, and contend that medical doctors should hold the right to dispense whichever drugs they feel are necessary to further a patient's wellbeing.

Medical marijuana bills have been introduced previously in New Jersey, but have failed to advance. Advocates are hoping that the new year will bring change to The Garden State.

"We're excited about this," Ken Wolski says. "We have logic, science, and fiscal responsibility on our side."

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