Pubdate: Fri, 17 Jun 2011
Source: Record, The (Hackensack, NJ)
Copyright: 2011 North Jersey Media Group Inc.
Contact:  http://www.northjersey.com/
Details: http://www.mapinc.org/media/44
Author: Ginger Gibson and Susan K. Livio, State House Bureau

CHRISTIE SAYS HE'LL DELAY MEDICAL MARIJUANA LAW UNTIL FEDS GIVE OK

TRENTON - Governor Christie won't implement the state's medical
marijuana law until the federal government assures him they won't
prosecute anyone for working in the program.

The federal government has not given similar assurances to other
states running medical marijuana programs. Under President Obama, the
Department of Justice has not sought to prosecute anyone working in a
state-approved medical marijuana program.

"The federal government is saying medical marijuana is against the
law," Christie said in an appearance on the "On the Line" call-in
show. "Until I get that assurance, I cannot ask people to do things
that they might get prosecuted by federal prosecutors."

Christie said his office has written two letters to U.S. Attorney Paul
Fishman and not received a response.

"What happens if they get arrested and I ordered them to do it? That's
wrong," Christie said.

State Attorney General Paula Dow has been waiting since April for U.S.
Attorney General Eric Holder to explain whether people who
legitimately work to make medical marijuana available would be
shielded from federal prosecution.

Possession and distribution of the drug is a federal crime, even
though 16 states passed laws making it available to select patients.

"As the state's chief legal adviser to all of the departments in the
Executive Branch, many of which are participating in carrying out the
medical marijuana legislation, it is critical that I properly advise
them as to the potential criminal and civil ramifications of their
actions in carrying out their duties," according to Dow's letter to
Holder in April. "Accordingly, I ask that you provide me with clear
guidance as to the enforcement position of the Department of Justice
relative to New Jersey's medical marijuana legislation and the scope
of the entities and individuals who may be subject to civil suit or
criminal prosecution."

Christie said federal law enforcement officials have not responded
yet.

Letters responding to the inquiries in Washington and Oakland have
repeated earlier assertions by Holder that patients legally using a
program would not be targeted. But blanket immunity would be extended
to program operators.

"We maintain the authority to enforce the Controlled Substance Act
vigorously against individuals and organizations that participate in
unlawful manufacturing and distribution activity involving marijuana,
even if such activities are permitted under state law," according to
the letter to Washington Gov. Christine Gregoire.

Christie has said that if he were governor when the medical marijuana
was passed he would not have signed it. The law was signed by former
Gov. Jon Corzine on his last day in office.

Christie was accused of trying to hold up the implementation of the
medical marijuana law when he created the regulations to govern the
program. After negotiations with lawmakers who authored the
legislation, a compromise was struck and the program was set to move
forward.

The administration already selected who will sell and grow for the
program. 
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MAP posted-by: Richard R Smith Jr.