New Jersey

Despite the federal government looking to increase its efforts on legal cannabis, New Jerseys newly appointed Governor Phil Murphy has been outspoken about his support for cannabis, going as far as to support the legalization of adult use.

At a Glance

Legislation & Important Dates

Legalization & Important Dates

• January 11, 2010, Senate Bill 119 was approved by the House 48-14 and the Senate 25-13, and was effectively signed into law by New Jersey Governor Jon Corzine on January 18, 2010 (effective six months from enactment).
• Senate Bill 119 legally protects “patients who use marijuana to alleviate suffering from debilitating medical conditions, as well as their physicians, primary caregivers, and those who are authorized to produce marijuana for medical purposes, from arrest, prosecution, property forfeiture, and criminal and other penalties”.
• In addition SB 119 also provides for the creation of alternative treatment centers, “at least two each in the northern, central, and southern regions of the state. The first two centers issued a permit in each region shall be nonprofit entities, and centers subsequently issued permits may be nonprofit or for-profit entities”.
• On September 10, 2013, Governor Chris Christie signed into law. Senate Bill 2842, amended the law, following legislative adoption of his conditional veto. SB 2842 allows qualifying minors, with approval from a paediatrician and a psychiatrist, may use edible forms of marijuana.
• On October 06, 2010, the New Jersey Department of Health and Senior Services, released draft rules outlining the application and registration process. On December 06, 2010, a public hearing was held at the New Jersey Department of Health and Senior Services, reported the New Jersey Register.
• On February 03, 2011, the Department of Health released the proposed new rules that plan to streamline the permit process for cultivating and dispensing medical cannabis, and prohibit home delivery by alternative treatment centers
• On August 09, 2012 the New Jersey Medical Marijuana Program’s website opened the patient registration system.

• On October 16, 2012, the Green Leaf Compassion Center became the first dispensary to receive a permit from the Department of Health,
• On December 06, 2012, the location became the first center to open to patients.
• In February 2017 and May 2017, hearings were held to increase New Jersey’s medical marijuana to include additional conditions based on petitions from doctors and patients. Further, in October 2017, a state Appellate Court ruled that the former director of the Division of Consumer Affairs could reclassify marijuana so that it would no longer be considered a “schedule 1” drug, citing its abundant medical value. This could mean an expansion of the current medical marijuana program in New Jersey, which currently limits the conditions that qualify for medical marijuana.

Types of Licenses

Associated Fees

Request for application; fee
(a) applicants shall submit a fee of $20,000 for each application.
1. The applicant shall submit the fee with the application, in the form of two checks payable to the “Treasurer, State of New Jersey,” one of which is for $2,000 and the other of which is for $18,000.
2. If an application is unsuccessful, the Department shall retain the $2,000 fee and shall destroy the other check for $18,000. 3. Application fees of successful applicants are non-refundable.
(b) Applicants may submit an application for an ATC permit for one or more regions, but must submit a separate application for each region.

The following fees apply:
1. The annual fee for the review of a permit renewal application for an alternative treatment center is $20,000;
2. The fee for a change of location of the alternative treatment center is $10,000;
3. The fee for a change of capacity or any physical modification or addition to the facility is $2,000; and
4. The fee for the transfer of ownership of a permit is $20,000.
(b) Fees shall be paid by certified check, money order or any other form of payment approved by the Medicinal Marijuana Program, and made payable to the “Treasurer, State of New Jersey.”

Request for application; fee
(a) As a condition of Department consideration of an application submitted in response to a request for applications issued pursuant to N.J.A.C. 8:64-6.1, applicants shall submit a fee of $20,000 for each application.
1. The applicant shall submit the fee with the application, in the form of two checks payable to the “Treasurer, State of New Jersey,” one of which is for $2,000 and the other of which is for $18,000.
2. If an application is unsuccessful, the Department shall retain the $2,000 fee and shall destroy the other check for $18,000.
3. Application fees of successful applicants are non-refundable.
(b) Applicants may submit an application for an ATC permit for one or more regions, but must submit a separate application for each region.

Qualifying Conditions

• One of the following conditions, if resistant to conventional medical therapy:
• seizure disorders, including epilepsy,
• intractable skeletal muscular spasticity,
• glaucoma;
• HIV/AIDS
• cancer,
• if chronic or severe pain,
• severe nausea or vomiting,
• cachexia or wasting syndrome
• PTSD (post-traumatic stress disorder);
• Amyotrophic lateral sclerosis (Lou Gehrig’s disease),
• multiple sclerosis,
• severe muscle spasms,
• terminal cancer,
• muscular dystrophy,
• ulcerative colitis,
• or inflammatory bowel disease,
• including Crohn’s disease;
• Terminal illness,
• if the physician has determined a prognosis of less than 12 months of life.

How to Become A Medical Marijuana Patient

In order to be afforded legal protection under the New Jersey Medical Marijuana law, qualified medical marijuana patients must register with the state patient registry and possess a valid state-issued identification card by submitting a medical marijuana card application to the New Jersey Department of Health and Senior Services “Medicinal Marijuana Program”.

New Jersey patients are NOT allowed to cultivate their own medical marijuana. The New Jersey DOH announced the locations for six nonprofit alternative treatment centers (ATCs), on March 21, 2011, from which the patient may obtain their medical marijuana. Five of the proposed cannabis collectives, were operational by March 01, 2016.
The New Jersey Patient Registry fee is $200 and is valid for two years, for patients qualifying for state or federal assistance programs, the fee is reduced to $20 — Medicaid does NOT cover medical marijuana. The New Jersey Marijuana Registry is mandatory, and does NOT accept other state’s registry cards.

1. Patients are required to obtain legitimate medical records or documentation from their primary care physician describing the diagnosis of their qualifying
2. Patients are required to obtain a signed Physician’s Statement from a physician, currently licensed to practice medicine in New Jersey
3. Patients must be a resident in the state of New Jersey with proof of residency. If you do not have a New Jersey I.D. an out of state I.D., passport, or other photo I.D. with proof of residency such as bank statement, utility bill, etc is acceptable.
4. To qualify, a patient needs to be diagnosed by a physician as having one of the debilitating medical conditions that is specifically identified in the law:
a. Once certified, the patient’s bona fide physician begins the patient’s online application process. The physician is required to provide the patient’s name, address, date of birth and debilitating medical condition. On submitting this information, a secure Patient ID is created. The physician shall provide a copy of the Patient ID to the patient, for him/her to complete his/her application with. Patients can either register on-line by clicking on “Patient Registration” (and entering the patient ID), or patients may completing their application and mail it to the MMP.
5. The New Jersey Medical Marijuana Program Patient Registry is mandatory — all patients are required to register, in order to be ensured protection under the state’s medical marijuana laws.
6. The patient registry application fee is $200 — cards are valid for two years. For patients who qualify for state or federal assistance programs, the fee is $20.

Card Holder Benefits

Caregivers

Yes, primary caregiver is a person who has agreed to assist with a registered qualifying patient’s medical use of marijuana. Primary caregiver cannot be the patient’s physician. Primary caregiver must be a resident of New Jersey. The primary caregiver can never have been convicted of a felony drug offense. The caregiver must be 18 years of age or older. The caregiver may only have one qualifying patient at any one time.