By Anne M. Davis, Esq.
The New Jersey Compassionate Use Medical Marijuana Act will be in effect in July 2010. Initially there will be six (6) non-profit Alternative Treatment Centers (ATCs). There will be two in the North, two Central and two South.
The exact locations have not been designated. No one has been approved nor even applied at this time. It is too early to apply because the entire process must be promulgated into regulations that are being drafted.
The first six centers must be non-profit and may require a large investment. There will be no “get rich quick” opportunities as many people are speculating. This bill is designed to help the patients that have the most serious of medical conditions. There is hope that medical marijuana will be available and AFFORDABLE to these patients.
The ATCs will be required to both produce and dispense the marijuana. This is a big difference from other states. NJ prohibits home cultivation. In other states, like California, collectives are permitted to obtain the product from growers whereas NJ requires the ATC to do both grow and dispense on site.
To obtain a permit for an ATC, an application must be submitted to the Department of Health and Senior Services. NO APPLICATIONS ARE BEING ACCEPTED AT THIS TIME.
An applicant will be subject to criminal background investigations and fingerprinting, as will anyone serving on its Board, as an officer, or employee. Employees may overcome a disqualification on the basis of a conviction if they can show clear and convincing evidence of rehabilitation.
The Dept. must approve or deny an application within 60 days of its receipt.
An ATC may charge a registered patient for the reasonable costs of producing and dispensing the marijuana.
The ATCs will be required to provide for 24 hours security; verify and keep records of patients, physicians, quantities dispersed.
The Dept will establish regulations of the ATCs to include: fee schedules for applications of ATCs; methods for testing, authenticating and guaranteeing the quality, safety and quantity of marijuana sold; which strains shall be sold; procedures to guarantee quality and safety of paraphernalia; and security of delivery methods, among other things.
The bill does include language to allow “for-profit” dispensaries; however, the bill also says that there shall be at least six ATCs in the state, with the first six being non-profit. The Department can allow more “pursuant to need” which would then open the door for “for-profit” ATCs.
NORML NJ has been flooded with calls and emails from individuals that are interested in applying for an ATC permit. We will do our best to post information on the website as it becomes available.
It would be very nice if the website (of the NJ D.H.S.S.)
mentioned A-N-Y-T-H-I-N-G — as did NORRML-NJ — about this
what are those dashes for? i am confused.
the NJ D.H.S.S. has not reported anything on their website but i called the NJ D.H.S.S. and they told me anyone wanting information should get in touch with the director of the Department that will over see the ATC’s which is Joseph Eldridge. he is the Consumer, Environmental and
Occupational Health Services director. his phone number at his office in Trenton is 609-826-4920. all the information that is listed in the article above by Anne M. Davis is clearly stated in the S119/A804 New Jersey Compassionate Use Medical Marijuana Act. she has provided no new information, everyone has access to that information and more- the entire S119/A804 is right there on the internet at: http://www.njleg.state.nj.us/2008/Bills/S0500/119_R3.PDF
for anyone who is interested enough to read it and print a copy or 2 up to keep on hand at all times
EDUCATE YOURSELVES PEOPLE!!! you cant rely on others whether is this NJNORML website or the NJ D.H.S.S. website. you MUST seek this information out yourself! i did and i only have a H.S. education. (and im of average intellegence w poor computer skills as well!)
those who help themselves to this info will be the ones who have the best chance at having influence over the division that is currently being formed under Joseph Eldridge that will make the all the rules that control the ATC’s
I suspect Ms Davis was trying to give a brief synopsis of the entire bill in laymen terms. Any information that is presented in an organized and understandable manner is to the benefit of us all.
Thank you! That was the point! And I agree with you, no price regulations have been promulgated as of yet.
No one knows who will be overseeing this program. Nothing has been decided. I have research cost per pound to grow in NJ and unless you already own a farm or greenhouse it will cost over 3000.00 a pound to grow and the state is going to control price per ounce. The centers will only be able to charge $125.00 per ounce. Do the math and you will see this is a losing venture. This is how the state will make sure no centers open in NJ. You can not grow and open a stroefront operation when prices are being so strictly controled.
PRamsey: Where are you getting your information from? There has been no NJ regulation stating that the state will limit cost to $125.00 per ounce.
i cant believe that one…… @125.00 an ounce…… i all ready know the poor bastards that will be smoking this trash will be getting hurt even worse…
the government growing weed…ha!
ive got news for yall….people in nj have NO IDEA what CHRONIC really is….im from newark nj …and lived in cali for the last 20 years …i saw some of your nj “cronic”
what a joke …not even worth the rolling papers its in …
again …i cant understand the mentality on this cost..sooo superior…people here are still into fighting with words and big mouths….no respect …in cali every one knows you better be polite…or you could get “hurt”.theyll make it rain on you and i aint talkin water…i guess thats why i moved …and i guess thats why ill move back…
new jersey …smarten up, and get over yourselves!
put the weed in the hands of the people!
I have spoken with many members of the DHHS and other state officlials. The division of consumers affairs (read the bill again) will be overseeing the pricing of the marijuana and they have come to the conclusion that $125.00 per once is a “reasonable” charge to the patient. No matter what strain it may be a flat 125.00 an once. Now try to make money in NJ. You cannot pay your rent with that. Seems like NJ does not want centers to open.
Pete,
I applaud your efforts and i will have to investigate further. My understanding of the Division of Consumer Affairs is to protect the public from fraud, deceit and misrepresentation, not to invoke pricing policy. From the bill it states “A registered patient or the designated primary caregiver of the patient may reimburse the alternative treatment center for reasonable costs associated with the production of marijuana for the
card holder.” and “An alternative treatment center may charge a registered qualifying patient or primary caregiver for the reasonable costs associated with the production and distribution of marijuana for the card holder.”
Also after rereading the bill it looks like the only part the Department of Consumer Affairs is included in deals with the section concerning the reporting of dispensing a controlled substance. I believe that is New Section 11.
Pete,
I applaud your efforts and i will have to investigate further. My understanding of the Division of Consumer Affairs is to protect the public from fraud, deceit and misrepresentation, not to invoke pricing policy. From the bill it states “A registered patient or the designated primary caregiver of the patient may reimburse the alternative treatment center for reasonable costs associated with the production of marijuana for the
card holder.” and “An alternative treatment center may charge a registered qualifying patient or primary caregiver for the reasonable costs associated with the production and distribution of marijuana for the card holder.”
Also after rereading the bill it looks like the only part the Department of Consumer Affairs is included in deals with the section concerning the reporting of dispensing a controlled substance. I believe that is New Section 11.
Again, thanks for your due diligence and i will do some more on my side to see if i am understanding this correctly.
Maybe, Anne Davis could also help shed some light on this as i believe she has the legal background.
At this point, I think it still remains an unanswered question. We at NORML have received no information from the State about price regulation.
This is what i think at this point. I think that article by the New York Times planted that $125 in everyones head.
I have talked to the DHSS and they have confirmed that the division of consumer affairs will make sure the centers are not over charging their patients and will set price limits per ounce. They number that they have in mind is 125.00.
Good luck to anyone who wants to open one of these centers. You will need it!
Anne, I am curious about the recent appointment of
Dr. Poonam Alaigh as commissioner of DHSS. Is she
a proponent of our cause or has she been put into
place by Gov. Christi to maintain the list of medical
conditions small? Who appointed her? She seems like a
Smart and pragmatic doctor… Any info. you can
spare would be great.
Why can’t DHSS start taking applacations for users in order to get an idea as to roughly how much product will be needed, come up with rough price, and purchess the inital product from ATCs in other states untill they have everything up and running? This will cut the long waiting time down for those who need it and approved. I’m sure it could be worked out with some of the other states who are all ready up and running. then have it delivered by secure corrior service with card and thumb print signature required for delivery. Either paid for C.O.D Or by credit or debit card to DHSS? Just an Idea, instead of waiting another of taking chances or doing without. 1 year is a long time for someone whos condition is getting worse, and it would make a big difference in their quality of life especally if time is getting short!!! Just an Idea. Also looking for town hall support gatherings or park gatherings in Gloucester County NJ. area? Thanks.
Does anyone know anything about the Greenway University seminar? They are having a 2 day workshop to discussing NJ laws and regulation, cultivation and harvesting, and other topics to educate people interested in opening an ATC. If any one knows, Will this information be worth the $275 they are charging or do you think I would get more from researching this on my own? Is this seminar a scam? Any info will be helpfull. thanks
In response to several inquiries from members, I have personally spoke with the CEO of Greenway. It sounds like an informative program and well put together. I do not have first hand experience of these seminars but my impression after a very lengthy and inquisitive telephone conference is that it is not a scam, they appear knowledgable and professional.
I would guess it depends on what your looking to get out of it. I can’t discredit this particular program but I have had first hand experience and don’t see any real reason to pay at this early stage. NJ hasn’t come out with any regulations and their will be a lot more town hall meetings across NJ if you need information on any laws or speculation on potential regulations.
As for the growing and harvesting, you will not learn how to cultivate a large scale operation in less than 2 days. You can gain some insight for personal growing but the current NJ law doesn’t allow for personal growing.
So in short, if you have extra money and a weekend to spare you can satisfy your curiosity. If you don’t have the money or the time you can find everything thing you need to know online, at the bookstore, in NORML-NJ forums, town hall meetings, etc.
Good luck in your endeavors.
There will be only 6 alternative treatment centers in the state!!!!!!
Lets do the math – California 220,000 Patients and 36,000,000 residents.
This means 220,000/36,000,000 = .0056 (.56% of population)
Extrapolate for new jersey -> .0056*8,700,000(pop of NJ)
and you get about 48,000 NJ medical marijuana patients…..
FOR 6 clinics!! 6! This means there 8,000 patients per clinic. Most patients visit weekly or more often. This means every clinic will see on average of 1100 patients daily. If each patient buys an 1/8 per week this end up around $20,000,000 a year.
6 owners are probably going to be rich.
Victor,
Good math but your not comparing apples to apples. California law is extremely lenient meaning that the doctor can prescribe for anything they deem could be helped by medical marijuana. NJ law is on the other end of the spectrum. They estimate 4-6K initially by you may not get much higher unless they continue adding conditions.
MORE ALTERNATIVE TREATMENT CENTERS TO COME?
New Jersey Compassionate Use Medical Marijuana Act, Section 7:
“[A]llow both for-profit and nonprofit ATCs, but require that the first two ATCs in each of the three regions of the State be nonprofit, and direct DHSS to seek to ensure ‘a sufficient number’ of ATCs throughout the State ‘pursuant to need’…”
The bill does include language to allow “for-profit” dispensaries. The ‘pursuant to need’ language opens the door for future “for-profit” ATCs.
So if you are a company for-profit or nonprofit the best advice is to start getting all of your ducks in a row now. Perhaps a good bet would be to make a call to the New Mexico Health Department and acquire one of its applications and supplemental paperwork. It seems that New Mexico’s Medical Marijuana Law is most parallel to New Jersey’s and might be administered similarly. Having all of this information in line will have your company ready to submit, aside from a few additional things that New Jersey may require, as soon as the DHSS starts taking applications. Visit my blawg for more details http://lawofficespjr.com/Blawg.aspx
Hey very nice blog!! This was what I needed to know. Keep it coming.
I would like to find someone in the southern NJ area who would like to partner on an ATC operation. Specifically in Atlantic County. I have a Great location, own the building, very large garage, storefront etc… I would like to meet someone who is very knowledgeable with growing hydro. I have extensive and unique business experience that I believe would be very attractive to the State. I can explain later.
Email me, I’d like to discuss wepostguy@gmail.com