Capitol news and comment

By: centraljersey.com
The following items are taken from reports issued by legislators representing Central Jersey communities and other items of political concern.
Bill urges protection for legal marijuana users
Sen. Nicholas P. Scutari (D-Union) has introduced a measure urging Gov. Christie to support and advocate for federal legislation that would provide legal protection to patients who use medical marijuana in compliance with state laws.
The senator’s bill would express the Legislature’s support and urge the governor to support and advocate for H.R. 2835, known as the "Medical Marijuana Patient Protection Act." In states with legalized medical marijuana, H.R. 2835 would protect patients, prescribing doctors, distributors and anyone authorized to obtain, possess or distribute marijuana on behalf of a patient against arrest and prosecution by federal authorities.
"We need to be sure that New Jerseyans who comply with our medical marijuana law are not at risk of being harassed, arrested or prosecuted by federal law enforcement officials," said Sen. Scutari, the prime sponsor of the "New Jersey Compassionate Use Medical Marijuana Act." "With this measure, we will send a unified message to the federal government that we support the rights of states with medical marijuana laws to carry them out, and that we believe patients deserve protections. We will also respectfully urge the governor to join our effort to protect patients in New Jersey who are suffering with debilitating illnesses and seeking a small measure of relief through the medicinal use of marijuana."
New Jersey is one of 14 states with laws allowing patients with debilitating illnesses to use marijuana for medicinal purposes. Under federal law, however, it remains illegal to use, possess or cultivate marijuana and no physician can legally prescribe it. H.R. 2835 also would transfer marijuana from a Schedule I controlled substance to Schedule II, under the federal Controlled Substances Act, statutorily recognizing its medical value and allowing doctors to prescribe it.
"Nearly a third of the country has recognized the medical benefits of marijuana and passed laws permitting its use. I’m proud that we were among them, but I won’t be satisfied until we have assurances from the federal government that patients who are sick and dying will not be thrown behind bars in their attempt to get much-needed relief," said Sen. Scutari. "It’s time the federal government work to resolve conflicting state and federal policies that will put thousands of New Jersey patients, caregivers and doctors at risk of incarceration."
The senator’s measure follows reports that U.S. Drug Enforcement Administration raids continue to take place in states with legalized medical marijuana, despite an October 2009 directive from the office of United States Attorney General Eric H. Holder Jr. asserting that law enforcement should not focus federal resources "on individuals whose actions are in clear and unambiguous compliance with existing state laws providing for the medical use of marijuana."
According to published reports, DEA officials raided the home of a Denver marijuana grower earlier this year after he spoke to a television news station about the profitability of his business. Two Colorado laboratories testing marijuana for pesticides and potency also were raided after they applied for licenses from the DEA. As a result, federal legislators in Colorado sent a letter to U.S. Attorney General Holder calling for the raids to stop.
Noting the grower’s case, the Los Angeles Times has called for the federal government to provide more clarity on medical marijuana policy. The newspaper noted that it may not be possible to rely on further direction from the DEA because "it’s not entirely clear that (Acting DEA Administrator Michele) Leonhart ever received Holder’s memo."
The "New Jersey Compassionate Use Medical Marijuana Act" was signed into law in January. The state is approaching an Oct. 1 deadline to begin implementation of the program, after a 90-day delay requested by the Christie Administration and agreed upon by the Legislature.
Committee to examine impact of state mandates
(Assemblyman John McKeon announced that the Assembly environment committee will meet Aug. 26 to begin examining state mandates on local governments that are a driving force behind property tax increases.
"If done correctly, we can bring real savings to property taxpayers without spending a dime, simply by easing mandates that may no longer be serving their purpose or are simply too burdensome," said Mr. McKeon (D-Essex).
Mr. McKeon is chairman of the Assembly Environment and Solid Waste Committee.
The panel will hear testimony from invited guests regarding state mandates imposed upon local entities.
Mr. McKeon was recently asked by Assembly Speaker Sheila Y. Oliver to lead an effort to examine state mandates on local governments.
"When state government imposes a law or regulation upon a municipality, it’s the property taxpayers who end up paying the bill," said Ms. Oliver (D-Essex/Passaic). "If we’re going to make a dramatic difference in finally combating property taxes, this is clearly an area that needs to be examined."
Mr. McKeon said the effort to examine mandates is part of the Assembly’s drive to find ways to control government spending and costs amid the new 2 percent cap on annual property tax increases. He said the hearing is the first of several planned on the topic.
"This is part of an overall effort to bring systemic change to a system that simply costs taxpayers too much money," said Mr. McKeon, who was mayor of West Orange from 1998 until July 1. He also served on the West Orange council from 1992 to 1998 and has been in the Assembly 2002.
"I know what it’s like to balance the needs of a local community with state mandates, but I also know that some mandates are developed with the best of intentions to protect the public safety, health and welfare," Mr. McKeon said. "Our goal here is to streamline mandates and eliminate those that are no longer needed, all the while keeping in mind that the goal is to help control property taxes."