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!!
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.
So I’m reading all this happening within our community in NJ but if I have a problem that is not listed as a condition permitting marijuana. I’m a 7 and half year U.S. navy veteran and I would like to use marijuana legally to help me with my health. Does anyone know where I can start or what I can possibly do to have anxiety/ptsd on that list?
I have Crohn’s and am grateful that this is going into law. I’ve been going to the same doc for 20 years and I am almost positive he is not into this. If your primary doc does not agree with this law is there a way to prove your case with a state approved doc to get an Rx?
Does anyone have any information on how to become a grower. I have greenhouses currently being used for commercial purposes (i.e. houseplants, seedlings, etc) but would be interested in turning over the business, or selling the property to someone interested in becoming a State approved grower. The greenhouses are located in Northern New Jersey and sit on 5 acres.
Suzanne,
Forgot to leave contact info. Info@wholistix.org
Thanks,
Suzanne,
If you are looking to sell the place then contact us. If you plan on doing it yourself then please consult your attorney as to the legal ramification if you happen to run afowl of the Federal Government. If they want they could take your land as it’s being used in an operation that is illegal in the eyes of the Federal Government. Not to scare you but a “qualified” attorney should be your starting point.
how do i find a marihuanna friendly doctor?
We are working on putting together a list and posting on the website. For Ocean County residents, Dr. Kris Lichnowski in Brick is pro-marijuana for patients with qualifying conditions. He will not participate in a one stop shop deal. If you have a qualifying condition and want a Doctor that is understanding, he is the man.
Anne,obviously unknown to these yahoos,who made all the changes…for cancer related ..ie chemo,..you’re better off eating or making a butter,as I was planning…smoking it is bad..impossible for me,..and you need more than the ”bud” for cooking…California and others have seen this…hopefully Jersey,..though I seriously doupt it ,..will catch on…?
I completely agree you need much more quantity for edibles. The amount needed to make one batch of brownies is equal to a one or two week of supply needed for smoking or vaporization. I have made our entrusted officials aware of this and will continue to do so. I am also working on other ways to overcome this problem to be released in the near future.
I currently live in Northern New Jersey and have been on all types of Acute Anxiety meds, Pain Medicine for my back and ankles. I have to see a pain specialist to deal with my constant pain. I was just diagnosed with Diverticular disease, and have been constantly vomiting and having bowel movements with a great amount of blood. The Oxycodone does nothing to help with the constant nausea and pain in my stomach. Im not sure if this is the right place to ask, but after talking with my family, I figured I would give it a shot. But I recently started smoking marijuana after a suggestion from friends and family, that it may help. It has helped a great deal, and I would like to consult a Doctor soon on possibly being prescribed, but didnt know if I would qualify. I mean, I do not have something as horrible as Cancer. But I am in constant pain and nausea, and it seems like Marijuana is the only thing that is helping with out nasty side effects. Can someone point me in the right direction. Thank you in advance.
they need to add PTSD for veterans, rape victims and the like.
Marijuana good NAMBLA bad.
Hello, I think your posting is rather interesting.
I think what the blogger has said, is pretty valid.
Look forward to reading more in the future.
Regards
Jamie
http://australianmedicallocum.com.au
Think you missed where I was going w/ my earlier comment Anne…you need more than just the bud,..not more buds!!..you need the secondary ie larger leaves generally trimmed off the bud…that’s where growing your own is best!…buds will make brownies but not butter to be used for a myriad of foods…don
Steven,,I had Laryngeal cancer,one of the worst types one can have,survival rate even after,surgery,chemo,and radiation..at about 50/50,…but after hearing or reading what you’re going through…I’ll take the cancer…[ Laryngeal essentially is throat cancer ,caused either by smoking cigs for a long time or agent orange exposure,I was exposed to both,pick one!!]…glad its helping you..I didn’t get that much needed chance to aid me through chemotherapy,…its over ,went through the BS,..am still alive…dropped the chemo/rad halfway through!…best of luck getting a script and being legal…don
Thanks Don. Yes its been quite rough. It sucks going through it, but hopefully I can make it. Glad to hear you are doing well and sending you positive energy Don. Cheers.
It’s a positive thing and going to establish. Patience patients, it’s that easy. Don’t you hate being positive
I suffer form a brain tumor, TM, migraine, seizures on have been place on total disability at 44. No, place will take me because, of my age. Now, if I was give 60 mg of oxycotin what’s wrong with medical weed? Somone pleae, keep me informed. I stopped the oxycotin could not function on it. Could someone lead me in the right diresction before I ask my MD? They all think your drug seeking, even when I show recent documented proof.
Thank -you
Hello, I have browsed most of your posts. This post is probably where I got the most useful information for my information gathering. Thanks for posting, maybe we can see more on this. Are you aware of any other websites on this subject?