Bill Text: NJ SCR120 | 2010-2011 | Regular Session | Introduced
Bill Title: Urges Governor to support and advocate for passage of federal "Medical Marijuana Patient Protection Act."
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-09-13 - Introduced in the Senate, Referred to Senate Health, Human Services and Senior Citizens Committee [SCR120 Detail]
Download: New_Jersey-2010-SCR120-Introduced.html
SENATE CONCURRENT RESOLUTION No. 120
STATE OF NEW JERSEY
214th LEGISLATURE
INTRODUCED SEPTEMBER 13, 2010
Sponsored by:
Senator NICHOLAS P. SCUTARI
District 22 (Middlesex, Somerset and Union)
SYNOPSIS
Urges Governor to support and advocate for passage of federal "Medical Marijuana Patient Protection Act."
CURRENT VERSION OF TEXT
As introduced.
A Concurrent Resolution urging the Governor to support and advocate for passage of H.R. 2835, the "Medical Marijuana Patient Protection Act."
Whereas, Marijuana has been found effective in treating and alleviating pain or other symptoms associated with debilitating medical conditions in many cases; and
Whereas, Over 80% of the American public supports legalizing marijuana for medical purposes, the American Academy of Physicians, American Public Health Association, American Nurses Association, and American Bar Association are among the major organizations that either endorse legalizing marijuana for medical purposes or support research into its therapeutic uses; and
Whereas, Because of the unique benefits that medical marijuana can provide to suffering patients, the "New Jersey Compassionate Use Medical Marijuana Act," P.L.2009, c.307 (C.24:6I-1 et al.), was signed into law in 2010; and
Whereas, The express purpose of the "New Jersey Compassionate Use Medical Marijuana Act" is to protect from arrest and prosecution qualified patients who use marijuana to alleviate their suffering, as well as their physicians, primary caregivers, and those who are authorized to produce medical marijuana; and
Whereas, New Jersey has joined Alaska, California, Colorado, Hawaii, Maine, Michigan, Montana, Nevada, New Mexico, Oregon, Rhode Island, Vermont, and Washington in allowing patients in their states with certain debilitating medical conditions to legally use marijuana to alleviate their suffering; and
Whereas, The "New Jersey Compassionate Use Medical Marijuana Act" provides for many safeguards and is one of the strictest state medical marijuana laws in the country; and
Whereas, Under the federal Controlled Substances Act, marijuana is categorized as a Schedule I controlled substance and is statutorily deemed to lack accepted medical value, no physician can legally prescribe or recommend it, and possession, cultivation, and use of marijuana are prohibited; and
Whereas, Federal law places what is estimated to be more than 250,000 patients using marijuana pursuant to state laws, as well as their caregivers, physicians, and medical marijuana suppliers, in a precarious legal position because even if they comply with state medical marijuana laws, they nevertheless violate the federal Controlled Substances Act and risk prosecution under federal law; and
Whereas, Despite assertions by the federal government that prosecuting medical marijuana users who comply with their state medical marijuana laws is not a good use of the United States Department of Justice resources, and despite the fact that announcements made in 2009 by United States Attorney General Eric Holder followed by a memorandum issued by the Department of Justice indicated that federal resources would no longer be used to focus on individuals operating in compliance with state medical marijuana laws, federal prosecutions of such individuals have continued; and
Whereas, The federal prosecutions of individuals who use marijuana pursuant to state laws have caused needless patient suffering and intimidation, thwarted and undermined state laws, and wasted federal taxpayer dollars; and
Whereas, In recognition of the problems resulting from conflicting federal and state policies toward medical marijuana, Representative Barney Frank introduced H.R. 2835, the "Medical Marijuana Patient Protection Act," which would transfer marijuana from Schedule I to Schedule II under the federal Controlled Substances Act, and further provide that federal law shall not prohibit, in a state in which marijuana is permitted to be prescribed or recommended by a physician for medical use: (1) a physician from prescribing or recommending marijuana for medical use; (2) patients from using marijuana in accordance with such prescriptions or recommendations; (3) individuals authorized under state law from obtaining, possessing, or transporting marijuana on behalf of patients; or (4) authorized entities from obtaining, possessing, or distributing marijuana to such patients; and
Whereas, The State Legislature supports H.R.2835 because it will provide important legal protection for suffering patients, their caretakers, physicians, and medical marijuana suppliers in New Jersey and in other states where the use of medical marijuana is permitted; and
Whereas, The State Legislature respectfully urges the Governor, by a public declaration that befits his well-earned reputation for forthright advocacy of his public policy preferences, to join the Legislature in supporting and advocating for the passage of H.R.2835; now, therefore,
Be It Resolved by the Senate of the State of New Jersey (the General Assembly concurring):
1. The Governor is respectfully requested to urge Congress and the President of the United States to pass H.R.2835, the "Medical Marijuana Patient Protection Act."
2. Duly authenticated copies of this resolution, signed by the President of the Senate and the Speaker of the General Assembly and attested by the Secretary of the Senate and the Clerk of the General Assembly, shall be transmitted to the Governor.
STATEMENT
This concurrent resolution expresses the Legislature's support for H.R. 2835, the "Medical Marijuana Patient Protection Act," and respectfully requests that the Governor urge Congress and the President of the United States to pass H.R.2835. H.R.2835 would provide legal protection from federal prosecution to patients who use marijuana pursuant to a state medical marijuana law, as well as to individuals who are their physicians, caretakers and suppliers of medical marijuana.
