New Jersey Marijuana / Cannabis Medical Use Law: Legal
- On January 18, 2010, the New Jersey Governor signed into law Bill S.119 allowing the Compassionate Use Medical Marijuana Act.
- Patients must have a valid Registry Identification Card issued by the Department of Health Medicinal Marijuana Program.
- Patients and registered caregivers may possess up to 2 ounces of marijuana during a 30-day period.
- Patients may possess paraphernalia, but only for the purpose of consuming medicinal marijuana.
- Patients and caregivers may not grow or cultivate marijuana or be in possession of a marijuana plant.
- Patients and caregivers may not possess marijuana obtained from a source other than a New Jersey ATC.
- Patients may not operate a motorized vehicle (of any sort), aircraft, railroad train, stationary heavy equipment or a vessel while under the influence of medicinal marijuana.
- Patients are encouraged to use medicinal marijuana only in their residence.
New Jersey Recreational Marijuana / Cannabis Recreational Use Law: Illegal
- The use of recreational marijuana is illegal in New Jersey
Medical Marijuana In New Jersey
N.J.A.C. 8:64 implements the New Jersey Compassionate Use Medical Marijuana Act (Act), P.L. 2009, c. 307 (approved January 18, 2010), codified at N.J.S.A. 24:6I-1 et seq. The Act finds and declares that marijuana has beneficial uses in treating or alleviating pain or other symptoms associated with certain debilitating medical conditions, N.J.S.A. 24:6I-2.e, and establishes a system by which patients and their primary caregivers may register with the Department of Health (Department), so that qualifying patients may use medicinal marijuana and primary caregivers may obtain medicinal marijuana and assist such patients with its use according to instructions provided by the patient’s physician. The Act makes a distinction between medicinal and non-medicinal uses of marijuana and states as its purpose the protection of patients, who use marijuana to alleviate their suffering from debilitating medical conditions, and their physicians and primary caregivers, from arrest, prosecution, property forfeiture, and criminal and other penalties. N.J.S.A. 24:6I-2.e. The Act, at N.J.S.A. 24:6I-16, requires the Commissioner of the Department to promulgate rules to implement the Act.
Medical Marijuana Facility Licensing
As part of its response to Governor Murphy’s Executive Order 6, the Department proposes to create an endorsement system within the ATC permitting process. These endorsements would be broken down into the following activities: 1) cultivation and harvesting; 2) manufacturing and processing (including edible products); and 3) dispensing of usable marijuana. This proposal is subject to the full regulatory process, including a required public comment period.
At this time, the Department of Health is now accepting applications to open additional Alternative Treatment Centers (ATCs). The Department of Health has issued a Request for Applications (RFA) for up to six additional Alternative Treatment Centers (ATCs) in the state. Given the unprecedented expansion of the program, the Department anticipates the issuance of additional RFAs in the future.