By Anne M. Davis, Esq.
On January 18, 2010 Governor Corzine signed S-119, the “New Jersey Compassionate Use Medical Marijuana Act.” Here is a basic rundown of the facts regarding the new law.
- A doctor must provide a “certification” for the patient to use marijuana.
- The doctor must be the primary physician or responsible for ongoing treatment of the patient’s condition.
- The following are the permitted conditions:
Seizure disorder, epilepsy, intractable skeletal muscular spasticity, glaucoma, HIV, AIDs, cancer, ALS, MS, muscular dystrophy, inflammatory bowel disease, Crohn’s disease, or a terminal illness with a prognosis of less than 12 months of life. These are the only qualifying conditions as of this moment. If you have any other condition that is not listed here, you do not qualify under NJ law. However, the Department of Health and Senior Services may approve other conditions in the future.
- Home cultivation is NOT permitted.
- Marijuana must be acquired at an Alternative Treatment Center (ATC). There will initially be six non-profit centers: two North, two South and two Central. Exact locations have not been defined at this time.
- Caregivers are permitted. Caregivers may NOT grow as they are permitted in every other state. The caregivers role in New Jersey is to possess, transport and prep for the patient. Either a patient or his/her caregiver may possess up to two ounces (collectively not two ounces each). Caregivers will be subject to a criminal history background check and fingerprinting.
- A patient may only acquire, possess or use up to two ounces per month.
- Patients will need to possess a “registry identification card” which is issued by the Department of Health and Senior Services. NO APPLICATIONS ARE BEING PROCESSED YET. The Department is now drafting the procedures and applications necessary to implement the program.
- Patients that are qualified under the program may not operate motor vehicles, use marijuana in public places to include public transportation, public parks, beaches or anywhere that smoking is prohibited.
- A patient may only be registered at one ATC at any time, and may only designate one caregiver. A caregiver may only have one patient.
- Health insurance will not cover the cost of the medical marijuana.
No patients are legally protected under this bill until they have a valid registration card even if they have a qualifying condition!
- The law shall take effect within six months, which is July of 2010. The exact time frame of when the applications will be accepted, and when the first ATCs will open, is not certain at this time.
We at NORML NJ will do our best to get the information and updates to our members as it comes available.
“may not operate motor vehicles..” You do mean just after or during use, right? You don’t mean people who register as MM patients are losing their licenses?
No, you won’t lose your license just by being a patient. It just means that you cannot medicate and drive. In Colorado, law enforcement seems to go by a 3 hour rule, you should not medicate within 3 hours of driving. (This may be an “unwritten rule” by the way!)
Did either bill make it clear weather a professional
licensed by the state will be penalized for becoming
a patient? There are questions upon renewal of licensure
that ask if you have used Schedule 1 drugs within the last
two years.
If you ever hit a problem with a professional license, our team is here to fight. This is unchartered territory. Many people are having problems in California with employment issues. All that we do know is, a NJ employer cannot terminate you for being a patient. However, they do not have to accomodate use in the workplace. So, if you hit the problem with a professional license, we will litigate. That is part of making law and reform.
Are they really going to have the ability to start this program by July? I have a seizure disorder and am not convinced that by the end of the summer I will be allowed to legally buy Marijuana in New Jersey.
I am not convinced that you will obtain medicine by July. The law is effective then, but the practicality we all know is quite different. They are still drafting the regulations and the applications for ATCs. Once they have the application process done, they have to review the applications and then make selections. Once an ATC is approved, they are going to have to get approvals from the township where they are located. Once they get those approvals, they can begin to cultivate and that cycle can be a little as 60 days and longer. We are all very hopeful, but I think the end of the year or late fall is more realistic. I would love to be wrong on this one!
Thank you Anne, for taking the time to answer our questions. It is very appreciated.
these reforms will be slow. meanwhile thousands will continue to go to jail. what about the recreational user? we should not settle for this reforms. legalize marijuana now!!
Hello, I really like your blog template. Did you make it yourself?
Unfortuneatly David is correct. When the future history of New Jersey and America’s pot laws are written, it will be a disgraceful legacy of wrongful and unjust imprisonment, greed and stupidity. Kind of like the government’s treatment of native Americans in the 19th century which is regarded in a much different light now.Peace.