Pubdate: Mon, 12 May 2014
Source: New Jersey Herald (NJ)
Copyright: 2014, The New Jersey Herald
Contact:  http://www.njherald.com/
Details: http://www.mapinc.org/media/2162
Author: Jessica Masulli Reyes

MEDICAL MARIJUANA PATIENTS TO SMOKE POT IN PROTEST IN SPARTA

SPARTA - Police and pot smokers will be going head-to-head at Sparta
Town Hall on Friday.

The 10 to 20 smokers, armed with state-issued medical marijuana cards,
are planning to toke up in a limousine parked in front of the
municipal building to show support for fellow cardholder Scott
Waselik, 24, who is facing marijuana possession charges in court that
morning.

The medical marijuana patients are expected to gather on the VFW side
of Main Street to avoid arrest for violating a local no-smoking on
municipal property ordinance.

"The Sparta police are putting up a good front to scare us away,"
Waselik said. "But, if they want to blow a lot of hot smoke, that's
what I plan to be doing."

Sparta Police Sgt. John-Paul Beebe said the township police will be on
hand if a law is broken.

"They just better be aware of where they are allowed to smoke and
where they are not," he said. "We are police officers. It is our job
to enforce the law without passion or prejudice."

Waselik, a former Sparta resident who still lives in the county, was
arrested on marijuana possession and paraphernalia charges in October
after he was stabbed under his armpit by his roommate during a
dispute. Waselik, shirtless with blood dripping from his wound, walked
into the lobby of Sparta Police headquarters to report the incident.

He was rushed to Morristown Medical Center where he underwent
surgery.

His alleged attacker - Kevin Rios - was arrested and charged with
second-degree aggravated assault with a deadly weapon and third-degree
possession of a weapon to use unlawfully against a person. His case is
still pending.

A search warrant of the home and car shortly after the stabbing turned
up a little more than 70 grams of marijuana and drug paraphernalia.
Rios and Waselik were both charged, Beebe said.

Waselik said the marijuana was legally allowed since he has had a
medical marijuana card since 2011 for Crohn's disease, a form of
inflammatory bowel disease. Waselik's attorney Nicholas Pompelio could
not be reached for comment on Monday.

However, Beebe said the marijuana was not obtained legally at one of
the state's marijuana dispensaries. When asked to elaborate, Beebe
said the details will come out in court.

"Having a medical marijuana card for people in need of it can be a
godsend, but you have to follow the rules and regulations." Beebe
said. "Just because you have one is not a shield to illegally obtain
narcotics. There is a lawful way to purchase and possess it."

Medical marijuana has been legal for patients with severe chronic
illnesses in New Jersey since January 2010 when the Legislature
approved the Compassionate Use Medical Marijuana Act. Patients who
register with the state can purchase marijuana at dispensaries in Egg
Harbor, Montclair and Woodbridge. Currently four doctors in Sussex
County are registered to prescribe marijuana.

However, medical marijuana patients cannot smoke everywhere.

State law says medical marijuana cannot be smoked in public places
where tobacco is prohibited. In Sussex County, 10 municipalities,
including Sparta, have local ordinances banning tobacco smoking on
public property, such as at the municipal building, public parks and
other public recreational facilities.

Sparta unanimously passed its ordinance banning smoking on public
property two years ago. A violation leads to a fine of $50 to $100 on
the first offense, $100 to $200 on the second offense, and $200 to
$500 on the third and subsequent offenses.

Because of the ordinance and state law, Waselik said his supporters on
Friday plan to smoke across the street from the municipal building.
They also will remain in the parked limousine since state law
prohibits driving under the influence of medical marijuana and smoking
medical marijuana in a vehicle that is operating.

"The way I understand the law is these patients are allowed to smoke
marijuana in a motor vehicle as long as it is not in operation, but
like I said, they better understand the law," Beebe said.

The Facebook event "Ignorance is No Excuse Tour- Sparta" for Friday
currently has 16 people listed as going and eight listed as maybe.

Waselik said the group plans to have an observer from the National
Lawyers Guild at the event, as well as one of 12 patients who are
receiving medical marijuana through the federal government's
Com-passionate Investigational New Drug Program.

"It will be quite a showdown," he said. "The point is that we believe
it is against state law for them to be doing what they are doing (by
arresting medical marijuana patients). It needs to stop."
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MAP posted-by: Matt