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 [...]]]> 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.