New Jersey’s Department of Health and Senior Services yesterday released long-awaited regulations for the medical marijuana program first approved by its state legislature in January. They are among the most stringent medical marijuana guidelines in the nation.

To qualify, patients must have one of nine conditions, and their doctor must treat them for at least one year (or have seen them four times) and show that other treatments have been ineffective. Patients can apply for the program starting next month, but none are expected to receive their medicine until at least summer 2011.

The law originally called for six nonprofit dispensaries to grow and sell marijuana to patients, but these latest rules scale that back to two growers for the entire state – who will supply only four nonprofit dispensaries statewide. (By comparison, Washington, D.C.’s medical marijuana regulations, which are also quite narrow, propose up to five dispensaries for the entire District). And, in what is perhaps the first requirement of its kind in the nation, New Jersey will limit the potency of all medical marijuana to just 10 percent THC.

“Overall, it seems the goal of the regulations is to provide the least amount of relief to the fewest number of patients,’’ DPA’s Roseanne Scotti told local news outlets. “This wasn’t what was foreseen by advocates. We already had the strictest law in the country; I didn’t think it could get any worse.”

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Today, a coalition of organizations supportive of medical marijuana patients and providers — including MPP, Drug Policy Alliance (DPA), NORML, California NORML, Law Enforcement Against Prohibition (LEAP), and Students for Sensible Drug Policy (SSDP) –  is calling on President Obama to withdraw his nomination of Michele Leonhart to serve as administrator of the Drug Enforcement Administration (DEA).

The following is a from press release just sent out on behalf of the coalition:

Ms. Leonhart, who is currently the DEA’s acting-administrator, has not demonstrated that she is capable of leading the agency in a thoughtful manner at a time when 14 states have enacted medical marijuana laws and science is increasingly confirming the therapeutic benefits of the substance.

Under Leonhart’s leadership, the DEA has staged medical marijuana raids in apparent disregard of Attorney General Eric Holder’s directive to respect state medical marijuana laws. Most recently, DEA agents flouted a pioneering Mendocino County (CA) ordinance to regulate medical marijuana cultivation by raiding the very first grower to register with the sheriff. Joy Greenfield, 69, had paid more than $1,000 for a permit to cultivate 99 plants in a collective garden that had been inspected and approved by the local sheriff.

Informed that Ms. Greenfield had the support of the sheriff, the DEA agent in charge responded by saying, “I don’t care what the sheriff says.” The DEA’s conduct is inconsistent with an October 2009 Department of Justice memo directing officials not to arrest individuals “whose actions are in clear and unambiguous compliance with existing state laws providing for the medical use of marijuana.”

Ms. Leonhart has also demonstrated that she is unable to be objective in carrying out the duties of the administrator as it relates to medical marijuana research. In January 2009, she refused to issue a license to the University of Massachusetts to cultivate marijuana for FDA-approved research, despite a DEA administrative law judge’s ruling that it would be “in the public interest” to issue the license. This single act has blocked privately funded medical marijuana research in this country. The next DEA administrator will likely influence the outcome of a marijuana-rescheduling petition currently before the agency. It is critical that an administrator with an open mind toward science and research is at the helm.

“With Leonhart’s nomination pending, one would expect her to be more — not less — respectful of the Department of Justice and the rights of individuals in medical marijuana states,” said Steve Fox, director of government relations at the Marijuana Policy Project. “Such behavior is an ominous sign for the future of the DEA under her leadership. Moreover, she has continually demonstrated her desire to block privately funded medical marijuana research in this country. The Obama administration has reversed many Bush administration policies over the past 18 months. It is time to transform the culture at the DEA by either withdrawing Leonhart’s nomination or directing her to change her attitude toward medical marijuana.”

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On the same day that the California NAACP endorsed that state’s ballot initiative to end marijuana prohibition (now officially named Proposition 19), our allies at the Drug Policy Alliance released a new study that shines a light on the systemic racial bias behind marijuana arrests taking place all across California.

Among the report’s findings:

• “In every one of the 25 largest counties in California, blacks are arrested for marijuana possession at higher rates than whites, typically at double, triple or even quadruple the rate of whites,” even though “U.S. government studies consistently find that young blacks use marijuana at lower rates than young whites.”
• “In Los Angeles County, with nearly ten million residents and over a quarter of California’s population, blacks are arrested at over triple the rate of whites. Blacks are less than 10 percent of L.A. County’s population, but they are 30 percent of the people arrested for marijuana possession.”
• “Police in other California counties, even those with relatively few blacks or relatively low rates of marijuana arrests, still arrest blacks at much higher rates than whites. African Americans are arrested for marijuana possession at nearly three times the rate of whites in Solano County, and at three to four times the rate of whites in Sonoma, Santa Cruz, and San Francisco counties.”

The report, written by Prof. Harry Levine of Queens College, finds this overwhelming racial bias to be a “system-wide phenomenon” and not just the result of a handful of racist cops. That’s because most narcotics officers are assigned to patrol so-called “high-crime” neighborhoods that are disproportionately low-income and minority. In those neighborhoods—as in nearly all neighborhoods—the most likely, or easiest arrest an officer can make is for marijuana possession. If we want to end this racial bias, we need to end the laws that allow it to occur. Come November, California voters will have an opportunity to do just that.

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