Medical Marijuana Laws in New Jersey
The “New Jersey Compassionate Use Medical Marijuana Act” was signed into law in January 2010. New Jersey is the 14th state to permit the use of marijuana for medical purposes.
Medical marijuana is not yet available in the state. The Department must first establish a process to register qualified patients, caregivers, and alternative treatment centers. The questions and answers below provide more information on the new law (P.L. 2009. c.307) and its implementation.
Frequently Asked Questions About Medical Marijuana in NJ
What can I do while waiting for medical marijuana to become available in New Jersey?
Who will be eligible for medical marijuana?
What is a debilitating medical condition?
Does my physician need to submit proof of my medical condition?
How do I register?
What is a primary caregiver?
Does my primary caregiver need to register?
Can patients grow their own marijuana?
Where can patients get medical marijuana?
Is a prescription from a physician needed in order to obtain medical marijuana?
Can qualified patients be arrested for medical use of marijuana ?
Can a qualified patient share or give away medical marijuana?
Will health insurance cover the cost of medical marijuana?
Will employers be required to make accommodations for medical marijuana use among their employees?
Are there any restrictions on where the marijuana can be used?
Will the names of patients approved for medical marijuana use be kept confidential?
Can minors register for medical marijuana use?
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What can I do while waiting for medical marijuana to become available in New Jersey?
The NJDHSS recommends that you consult with your primary care provider to discuss your individual needs and concerns.
Who will be eligible for medical marijuana?
A qualifying patient who has been diagnosed by a physician as having a debilitating medical condition. Patients with debilitating medical conditions or patients receiving treatments which cause debilitating effects will be eligible to apply for registration for medical marijuana use. Also, those patients with a terminal illness if a physician has diagnosed a life expectancy of less than 12 months would also be eligible for medical marijuana use.
What is a debilitating medical condition?
Debilitating medical conditions include cancer, glaucoma, HIV/AIDS, or any chronic medical condition (or its treatment) that causes severe or chronic pain, nausea, seizures, and severe and persistent muscle spasms.
Does my physician need to submit proof of my medical condition?
A physician needs to certify that the patient has a debilitating medical condition for which recognized drugs or treatments are not, or would not be effective and that the potential benefits of the medical use of marijuana would likely outweigh the health risks for the qualifying patient.
How do I register?
The NJDHSS will establish a registration program for qualifying patients. The registration process and related fees have not yet been determined.
Patients interested in registering for the medical marijuana use program are required to obtain a registry identification card. To apply for a registry identification card, the Act requires the submission of the following:
- Written certification that the person is a qualifying patient;
- Application fee (the amount of this fee has not yet been determined);
- Name, address and date of birth of the patient;
- Name, address, and telephone number of the patient’s physician; and,
- Name, address and date of birth of the patient’s primary caregiver, if any.
Once the registration process is implemented, the NJDHSS will review applications and verify the information provided in the application. Once a registry identification card has been issued, it will be the patient’s responsibility to notify the NJDHSS of any change in name, address, physician, caregiver, or change in the status of the debilitating medical condition. Patients must notify the NJDHSS within 10 days of any such change or the registry identification card will be void.
What is a primary caregiver?
A primary caregiver is a person who has agreed to assist with a qualifying patient’s medical use of marijuana and has been designated as the primary caregiver on the patient’s application for a registry identification card. The primary caregiver must be a resident of New Jersey and at least 18 years of age and must never have been convicted of a felony drug offense. A primary caregiver may only have one qualifying patient at any one time. The primary caregiver cannot be the patient’s physician.
Does my primary caregiver need to register?
Yes. Primary caregivers must have a registry identification card and are subject to a criminal background check. They must also sign an agreement that they will provide marijuana only to the patient who has named him or her as caregiver.
The NJDHSS will establish a registration program for caregivers. The registration process and related fees have not yet been determined. Once the registration process is implemented, the NJDHSS will review applications and verify the information provided in the application.
Can patients grow their own marijuana?
No. Patients will not be permitted to grow their own marijuana.
Where can patients get medical marijuana?
Patients can get medical marijuana from authorized “alternative treatment centers,” which are responsible for producing and distributing the marijuana. The application process has not yet been determined. The Act requires that there will be at least six centers in the state (two each in the southern, central, and northern areas of the state). The Act requires the first two centers permitted in each region to be non-profit entities. Centers subsequently issued permits may be non-profit or for-profit entities.
Is a prescription from a physician needed in order to obtain medical marijuana?
No. A prescription is not needed. However, a physician must provide written “instructions” for a qualified patient, or their primary caregiver, to present at the alternative treatment center. The instructions will provide the total amount (in weight) of usable marijuana that a patient may be dispensed in a 30-day period. This amount cannot be more than two ounces.
Can qualified patients be arrested for medical use of marijuana ?
No. This Act protects qualified patients and their caregivers from arrest as long as they are properly registered and follow the rules of the program and the Act.
Can a qualified patient share or give away medical marijuana?
No. Patients who sell, offer, or otherwise transfer medical marijuana will be guilty of a crime of the third degree.
Will health insurance cover the cost of medical marijuana?
Government medical assistance programs and private health insurance companies are not required to provide reimbursement for medical marijuana use.
Will employers be required to make accommodations for medical marijuana use among their employees?
No. Employers are not required to make accommodations for medical marijuana use in the workplace.
Are there any restrictions on where the marijuana can be used?
Yes. Patients are not permitted to drive/operate any motor vehicle, motorboat, or aircraft while under the influence of marijuana. Patients may not smoke marijuana in a school bus or any other form of public transportation, on any school grounds, in any correctional facility, at any public park or beach, or at any recreation center. Patients who violate these restrictions will be subject to legal penalties.
Will the names of patients approved for medical marijuana use be kept confidential?
Yes. The NJDHSS will keep a confidential list of people who have received registry identification cards. Names and other identifying information will be kept confidential and will not be considered a public record.
Can minors register for medical marijuana use?
Yes. Parents can register minors for medical marijuana use.
