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Medicinal Marijuana Program in New Jersey
Modern medical research has discovered a beneficial use for marijuana in treating or alleviating the pain or other symptoms associated with certain debilitating medical conditions, as found by the National Academy of Sciences' Institute of Medicine in March 1999;
Although federal law currently prohibits the use of marijuana, the laws of Alaska, California, Colorado, Hawaii, Maine, Michigan, Montana, Nevada, New Mexico, Oregon, Rhode Island, Vermont, and Washington permit the use of marijuana for medical purposes, and in Arizona doctors are permitted to prescribe marijuana. Now New Jersey joins this effort for the health and welfare of its citizens.
Frequently Asked Questions about the Medicinal Marijuana Program
- How do I get approved to use medicinal marijuana?
Your physician must register with DHSS to participate in the program, and must attest that you are undergoing treatment for an active debilitating medical condition, and may benefit from the use of medicinal marijuana to relieve symptoms. This must be a physician who has ongoing responsibility for your care.
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How soon can patients register and obtain medicinal marijuana?
Your physician must register with DHSS to participate in the program, and must attest that you are undergoing treatment for an active debilitating medical condition, and may benefit from the use of medicinal marijuana to relieve symptoms. This must be a physician who has ongoing responsibility for your care.
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What is a bona fide physician relationship?
The physician has seen the patient for at least one year OR;
the physician has seen the patient four times for the patient’s debilitating condition OR;
the physician assumes responsibility for providing management and care of the patient’s debilitating condition after conducting a comprehensive medical history and physical examination, including a personal review of the patient’s medical record maintained by other treating physicians reflecting the patient’s reaction and response and response to conventional medical therapies.
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What conditions qualify someone to participate?
Patients must be certified by their physicians as having a debilitating medical condition, such as amyotrophic lateral sclerosis, multiple sclerosis, terminal cancer, muscular dystrophy, or inflammatory bowel disease, including Crohn’s disease. Terminal illness also qualifies if the physician determines the patient has less than 12 months to live.
The following conditions qualify if they are resistant to conventional medical therapy: seizure disorder, including epilepsy; intractable skeletal muscular spasticity; or glaucoma.
The following conditions qualify if severe or chronic pain, severe nausea or vomiting, cachexia, or wasting syndrome results from the condition or its treatment: positive status for AIDS, HIV or cancer.
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My condition is debilitating but it’s not on that list. What can I do?
After an initial assessment of the program, patients can file a petition with the program once a year.
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It’s too difficult for me to travel. Can someone help me get medicinal marijuana?
Yes. A qualified patient can identify a primary caregiver, who will be registered with the Alternative Treatment Center that provides your medicinal marijuana. The caregiver must undergo a criminal background check.
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Can dispensaries deliver?
No, there will be no home delivery.
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How much medicinal marijuana can an approved patient get each month?
A maximum of two ounces in any 30 day period.
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Can I share or give away medicinal marijuana?
No. Only qualifying patients may obtain, possess and use marijuana that has been lawfully obtained through an ATC. You may not share or give away your medicinal marijuana. Any person who obtains, possesses, uses or sells marijuana in any manner that is not authorized under the Compassionate Use Law will be subject to arrest and criminal prosecution.
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Can patients consume medicinal marijuana on-site at the Alternative Treatment Center that supplies their marijuana?
No.
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Can dispensaries provide food products with marijuana in them?
No.
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Can I grow my own medicinal marijuana?
No.
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Why do I have to wait until next July?
New Jersey wants to implement a safe and secure program that avoids some of the unintended consequences seen in other states’ programs. Our program includes a public, competitive application process for choosing the medicinal marijuana growers and dispensaries. That includes a criminal background check of applicants. Applications for Alternative Treatment Centers will be reviewed by a selection committee in February. Then marijuana growing and processing can begin.
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Is there a fee to register?
Yes. The registration fee for patients and caregivers is $200, which is valid for two years. A reduced fee of $20 would be paid by patients who qualify for certain state or federal assistance programs.
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Is medicinal marijuana covered by Medicaid?
Medicinal marijuana is not a covered service under Medicaid.
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Who will grow the medicinal marijuana?
Nonprofit growers will be chosen through a public, competitive process.
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How many Alternative Treatment Centers will there be?
There will be 6 nonprofit ATCs chosen through a competitive process.
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Where will the ATCs be located?
ATCs selected for dispensing medicinal marijuana will be located in the north, central and southern parts of the state.
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What other states have passed medicinal marijuana laws?
New Jersey was the 14th state to enact a medicinal marijuana law. The other states are Alaska, California, Colorado, Hawaii, Maine, Michigan, Montana, Nevada, New Mexico, Oregon, Rhode Island, Vermont and Washington. The District of Columbia has also enacted a law.
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What will medicinal marijuana cost?
The request for applications will require applicants to provide information on what they will charge for medicinal marijuana. When the Department is evaluating the applications, it will look at the fees charged for reasonableness.
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