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Jersey gets a C for its medical marijuana program

New Jersey didn't flunk, though some patients said it deserved a D or an F when its medical marijuana program was graded by a nonprofit that lobbies for cannabis patients.

New Jersey didn't flunk, though some patients said it deserved a D or an F when its medical marijuana program was graded by a nonprofit that lobbies for cannabis patients.

The state got a C in the annual report issued by the Americans for Safe Access Foundation, which evaluated the programs of 40 states nationwide. New Jersey was given credit for adopting a plan but lower marks for its slow pace in implementing it and for allowing too few patients to participate. About 5,000 patients have enrolled.

The 129-page report, filled with an analysis of the highs and lows of the "patchwork of state laws," was released this week. It says two million Americans - suffering from a range of more than 50 ailments - use the drug under their doctors' supervision.

Delaware, which saw the opening of its first and only dispensary last year, also got a C.

Pennsylvania is one of only 10 states without a program, though a bill is pending in Harrisburg. ASA supports its passage.

Twenty-three states allow medical marijuana use, while 17 others permit only CBD, a single nonintoxicating component of marijuana that often is recommended only to control seizures. ASA gave all 17 states an F, saying they fail to recognize the needs of other sick patients.

ASA, based in Washington, D.C., gave no state an A, saying there is no ideal program from a patient standpoint. Twelve states got a B, including Maryland, Massachusetts, and Hawaii. This is the second annual report card and covers programs that were operating in 2015. It was compiled after ASA solicited input from cannabis patients around the country.

The first report, issued in 2014, gave New Jersey a D-minus. Though the state law was adopted in 2010, only three dispensaries had opened at that time.

The newest report found some progress has been made. "New Jersey has long been considered the most dysfunctional of state dispensary programs, but has emerged with some small improvements recently," the report said. "While access at dispensaries remains limited, the state now has more dispensing locations."

Currently five dispensaries are open. In South Jersey, there are two - in Bellmawr and Egg Harbor Township.

After Gov. Christie inherited the law from former Gov. Jon S. Corzine, he said he never would have signed the bill. He delayed implementation and his administration adopted regulations that many patients complained were overly restrictive.

Since then, the state adopted two new medical marijuana laws that allow sick children to obtain cannabis more easily, with the approval of two doctors.

The report card gave kudos to the state for these strides and for product safety. But the state lost points because it does not allow patients to grow their own cannabis, it has too few dispensaries, and it bars patients from traveling out-of-state with their medicine.

Another problem, the report said, is that the state imposes significant limits on which patients are eligible for cannabis treatments. Unlike some other states, patients with post-traumatic stress syndrome are blocked from obtaining cannabis. And, only cancer patients who exhibit certain symptoms are allowed to use the drug. The decision "should be left to the patients and their physicians, not the state," the ASA said.

When asked for comment on the state's score, a spokesman for Christie said: "We have administered a medically-based program that provides access to those who demonstrate a true need, and have made adjustments to improve the program where appropriate. Advocates looking for a back door to legalization and recreational use have obviously been disappointed that the Governor doesn't share that goal."

Mike Liszewski, ASA's government affairs director, said ASA has advocated only for medical marijuana patients since it was created in 2002 and that it "stays neutral" on recreational marijuana programs.

Ken Wolski, director of Coalition Medical Marijuana New Jersey, an advocacy group, said he was surprised ASA gave the state a C. "It's not a total failure, but it's close," he said. "We haven't seen any improvement."

Jay Lassiter, one of New Jersey's first cannabis patients, agreed. "The state's program is way, way, way below average, and the last time I checked, a C is average," the Cherry Hill resident said. "We're six years into it and we've only come this far."

Liszewski said the ASA report will be sent to health departments, legislators, and patient advocacy groups to spark changes. "What we hope is states will see this report and realize there are areas where medical marijuana programs can be improved," he said.

ASA's founder, Steph Sherer, said in a statement that she hoped policymakers one day will boast "that their state's medical cannabis program will help the most patients rather than that it is the most restrictive in the country."

jhefler@phillynews.com

856-779-3224 @JanHefler

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