10th Amendment at Work: New Jersey Medical Marijuana

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The Tenth Amendment codifies in law that “We the People” of the several states created the federal government to be our agent for certain enumerated purposes only – those powers delegated to the federal government in the Constitution.

An honest reading of the Constitution with an original understanding of the Founders and Ratifiers makes it quite clear that the federal government has no constitutional authority to override state laws on marijuana.

All three branches of the federal government, however, have interpreted (and re-interpreted) the commerce clause of the Constitution to authorize them to engage in this activity, even though there’s supposedly no “legal” commerce in the plant. At best, these arguments are dubious; at worst an intentional attack on the Constitution and your liberty.

Currently, 13 states have legalized marijuana for medicinal use, and soon, New Jersey may join them.

Today, both houses of the New Jersey legislature voted in favor of a Medical Marijuana bill – approving use of the plant for medicinal purposes in direct defiance of federal law which states that it’s illegal in every circumstance. The State Assembly voted in favor, 48-14, and the Senate approved by a vote of 25-13. The bills will now be reconciled and sent to Governor Corzine, who’s already stated that he’d sign it into law.

The principle behind such legislation is nullification, which has a long history in the American tradition. When a state ‘nullifies’ a federal law, it is proclaiming that the law in question is void and inoperative, or ‘non-effective,’ within the boundaries of that state; or, in other words, not a law as far as the state is concerned.

It’s long past time for people to demand adherence to the Constitution – every issue, every time. No exceptions, no excuses.

Thirteen (and soon more) states standing up to resist DC and refusing to comply with unconstitutional federal laws have rendered the feds incapable – and unwilling – to enforce their mandates. Pick an issue and put it into practice in your area – the marijuana activists have done it right.

UPDATE: Tom J emails to point out that NJ’s law is possibly the most restrictive of all medical marijuana laws in the country. I agree, but more freedom is always better than less. And, the principle here is that even while the plant is illegal federally, laws from DC have the potential to be nullified when enough states resist them. The following are some FAQs on the new law, from the New Jersey Star-Tribune:

How does a patient sign up for the program?

A physician must recommend a patient, who has to be a state resident. The state department of health will then issue an identification card, which would contain the name, address, date of birth and a photo of the bearer, as well as the name of a “primary caregiver” who has undergone a background check and is permitted to retrieve the drug on the patient’s behalf if necessary. The holder of the ID card cannot be prosecuted for possessing marijuana.

Where would the medical marijuana be dispensed?

The bill sets up a new type of pharmacy — called alternative treatment centers — and their sole purpose would be to produce and distribute medical marijuana. The first six must be nonprofits, with two in the state’s northern region, two in the southern and two in the central. After that, for-profit centers may also be allowed, with the Department of Health and Senior Services handling permits and licenses. All applicants to operate the centers must pass a criminal background check.

How will it be dispensed — as rolled cigarettes or in another form?

It’s not yet clear. The bill defines “usable marijuana” as “the dried leaves, and flowers of marijuana and any mixture thereof, and does not include seeds, stems, stalks or roots of the plant,” but the health department will likely issue specific guidelines. While some patients smoke the drug, others use it in food products, oils and vaporizers. Patients can receive up to 2 ounces of marijuana per month. A rolled cigarette usually holds 1 gram of marijuana. Two ounces would roughly equal 56 cigarettes.

Where is the medical marijuana grown?

Only the alternative treatment centers can produce the marijuana, and the state will issue guidelines about what level of security is required at the facilities.

What would the cost be?

An application fee will be levied, though it has not been set. As for the marijuana, the law states only that centers must charge “reasonable” prices to cover production costs. Prices vary widely in other states with an ounce going for between $100 and $150. Some dispensaries have discounts for low-income patients, while most states also allow patients to grow their own marijuana, an option prohibited in New Jersey.

How does this work with health insurance?

The bill does not require health insurance plans to cover medical marijuana, and most insurance companies do not include the option in other states.

What type of physician can write a recommendation?

The law states a person licensed to practice medicine and surgery and who has a bona fide physician-patient relationship can recommend medical marijuana for a patient. The state’s medical community remains conflicted about the law because the optimal dosage of marijuana remains unknown, and the quality of the drug may not be consistent in different batches.

What diseases will make a patient eligible to get medical marijuana?

Cancer, glaucoma, seizure disorders (including epilepsy), Lou Gehrig’s disease, multiple sclerosis, muscular dystrophy, severe muscle spasms, HIV/AIDS, inflammatory bowel disease (including Crohn’s disease), any terminal illness if a doctor has determined the patient will die within a year, or any other medical condition or treatment that is approved by the state health department.

Where can it be used?

The law doesn’t specifically say that people using marijuana are restricted to using it at home, but it sets clear restrictions on what patients under the influence cannot do. Patients cannot “operate, navigate or be in actual physical control of any vehicle, aircraft, railroad train, stationary heavy equipment or vessel while under the influence of marijuana.” Patients cannot smoke marijuana in “a school bus or other form of public transportation, in a private vehicle unless the vehicle is not in operation, on any school grounds, in any correctional facility, at any public park or beach, at any recreation center, or in any place where smoking is prohibited.”

Is there a minimum age limit for the medical marijuana to be used?

No. Minors may use medical marijuana, but parents must sign off first.

Can I be prosecuted if I sell my prescription to someone else or give it away?

Yes. The bill states it would be a third-degree crime, which carries a penalty of up to five years in state prison.

Michael Boldin [send him email] is the founder of the Tenth Amendment Center. He was raised in Milwaukee, WI, and currently resides in Los Angeles, CA. Follow him on twitter - @michaelboldin - and visit his personal blog - www.michaelboldin.com

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This entry was posted on Monday, January 11th, 2010 at 6:04 pm. It is filed under Drug War, Sovereignty Movement and tagged with Medical Marijuana, New Jersey Sovereignty. You can follow any responses to this entry through the RSS 2.0 feed.