Bill Text: NJ A3525 | 2014-2015 | Regular Session | Introduced
Bill Title: Revises laws concerning access to medical marijuana.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2014-07-11 - Introduced, Referred to Assembly Health and Senior Services Committee [A3525 Detail]
Download: New_Jersey-2014-A3525-Introduced.html
Sponsored by:
Assemblywoman LINDA STENDER
District 22 (Middlesex, Somerset and Union)
Assemblyman PATRICK J. DIEGNAN, JR.
District 18 (Middlesex)
SYNOPSIS
Revises laws concerning access to medical marijuana.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning medical marijuana and amending and supplementing P.L.2009, c.307.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 3 of P.L.2009, c.307 (C.24:6I-3) is amended to read as follows:
3. As used in [this act] P.L.2009, c.307 (C.24:6I-1 et al.) and P.L. , c. (C. ) (pending before the Legislature as this bill):
"Bona fide physician-patient relationship" means a relationship in which the physician has ongoing responsibility for the assessment, care, and treatment of a patient's debilitating medical condition.
"Certification" means a statement signed by a physician with whom a qualifying patient has a bona fide physician-patient relationship, which attests to the physician's authorization for the patient to apply for registration for the medical use of marijuana.
"Commissioner" means the Commissioner of Health.
"Debilitating medical condition" means:
(1) one of the following conditions, if resistant to conventional medical therapy: seizure disorder, including epilepsy; intractable skeletal muscular spasticity; or glaucoma;
(2) [one of the following conditions] any condition, if severe or chronic pain, severe nausea or vomiting, cachexia, or wasting syndrome results from the condition or treatment thereof, including, but not limited to: positive status for human immunodeficiency virus; acquired immune deficiency syndrome; post-traumatic stress disorder; Alzheimer's disease; Lyme disease; anorexia; hepatitis; nail patella; or cancer;
(3) amyotrophic lateral sclerosis, multiple sclerosis, terminal cancer, muscular dystrophy, Parkinson's disease; or inflammatory bowel disease, including Crohn's disease;
(4) terminal illness, if the physician has determined a prognosis of less than 12 months of life; or
(5) any other medical condition or its treatment that is approved by the department by regulation.
"Department" means the Department of Health.
"Designated grower" means a resident of the State who:
a. is at least 18 years old;
b. is not currently serving as designated grower for more than two other patients and is not the qualifying patient's physician;
c. has agreed to assist a qualifying patient who has registered to grow and process medical marijuana as provided in subsection a. of section 18 of P.L. , c. (C. ) (pending before the Legislature as this bill) by growing or processing, or both, medical marijuana for the qualifying patient;
d. has registered with the department pursuant to section 4 of P.L.2009, c.307 (C.24:6I-4); and
e. has been designated as designated grower on the qualifying patient's registry identification card or in other written notification to the department.
A designated grower may also serve as primary caregiver to the patient, provided that the grower is not currently serving as primary caregiver to any other patient.
"Marijuana" has the meaning given in section 2 of the "New Jersey Controlled Dangerous Substances Act," P.L.1970, c.226 (C.24:21-2).
"Medical marijuana alternative treatment center" or "alternative treatment center" means an organization approved by the department to perform activities necessary to provide registered qualifying patients with usable marijuana and related paraphernalia in accordance with the provisions of [this act] P.L.2009, c.307 (C.24:6I-1 et al.) and P.L. , c. (C. ) (pending before the Legislature as this bill). This term shall include the organization's officers, directors, board members, and employees.
"Medical use of marijuana" means the acquisition, possession, transport, or use of marijuana or paraphernalia by a registered qualifying patient as authorized by [this act] P.L.2009, c.307 (C.24:6I-1 et al.) and P.L. , c. (C. ) (pending before the Legislature as this bill).
"Minor" means a person who is under 18 years of age and who has not been married or previously declared by a court or an administrative agency to be emancipated.
"Mother plant" means a mature marijuana plant that is kept in a permanent vegetative state for the purpose of obtaining cuttings that may be used to grow clone plants. The term shall not include any plant that is permitted to flower and produce consumable marijuana.
"Paraphernalia" has the meaning given in N.J.S.2C:36-1.
"Physician" means a person licensed to practice medicine and surgery pursuant to Title 45 of the Revised Statutes with whom the patient has a bona fide physician-patient relationship and who is the primary care physician, hospice physician, or physician responsible for the ongoing treatment of a patient's debilitating medical condition, provided, however, that the ongoing treatment shall not be limited to the provision of authorization for a patient to use medical marijuana or consultation solely for that purpose.
"Primary caregiver" or "caregiver" means a resident of the State who:
a. is at least 18 years old;
b. has agreed to assist with a registered qualifying patient's medical use of marijuana, is not currently serving as primary caregiver for another qualifying patient unless the caregiver is the parent of a minor child who is a qualifying patient, in which case the parent may concurrently serve as primary caregiver to any minor child of the parent who is a qualifying patient, and is not the qualifying patient's physician;
c. [has never been convicted of possession or sale of a controlled dangerous substance, unless such conviction occurred after the effective date of this act and was for a violation of federal law related to possession or sale of marijuana that is authorized under this act;] deleted by amendment, P.L. , c. (pending before the legislature as this bill)
d. has registered with the department pursuant to section 4 of [this act, and has satisfied the criminal history record background check requirement of section 4 of this act] P.L.2009, c.307 (C.24:6I-4); and
e. has been designated as primary caregiver on the qualifying patient's [application or renewal for a] registry identification card or in other written notification to the department.
"Qualifying patient" or "patient" means a resident of the State who has been provided with a certification by a physician pursuant to a bona fide physician-patient relationship.
"Registry identification card" means a document issued by the department that identifies a person as a registered qualifying patient [or], primary caregiver, or designated grower.
"Usable marijuana" means the dried leaves and flowers of marijuana, and any mixture or preparation thereof, and does not include the seeds, stems, stalks, or roots of the plant.
(cf: P.L.2012, c.17, s.90)
2. Section 4 of P.L.2009, c.307 (C.24:6I-4) is amended to read as follows:
4. a. The department shall establish a registry of qualifying patients and their primary caregivers and designated growers, and shall issue a registry identification card [, which shall be valid for two years,] to a qualifying patient [and], primary caregiver, [if applicable,] or designated grower who submits the following, in accordance with regulations adopted by the department:
(1) a certification that meets the requirements of section 5 of [this act] P.L.2009, c.307 (C.24:6I-5);
(2) an application [or renewal] fee for qualifying patients, which may be based on a sliding scale as determined by the commissioner and which shall not exceed $50. No application or renewal fee shall be applied to primary caregivers or designated growers;
(3) the name, address, and date of birth of the patient, designated grower, and caregiver, as applicable; and
(4) the name, address, and telephone number of the patient's physician.
A registry identification card for a patient shall not expire. A registry identification card for a primary caregiver or a designated grower shall be valid for two years.
b. Before issuing a registry identification card, the department shall verify the information contained in the application or renewal form submitted pursuant to this section. [In the case of a primary caregiver, the department shall provisionally approve an application pending the results of a criminal history record background check, if the caregiver otherwise meets the requirements of this act.] The department shall approve or deny an application or renewal within 30 days of receipt of the completed application or renewal, and shall issue a registry identification card within five days of approving the application or renewal. The department may deny an application or renewal only if the applicant fails to provide the information required pursuant to this section, or if the department determines that the information was incorrect or falsified or does not meet the requirements of [this act] P.L.2009, c.307 (C.24:6I-1 et al.) and P.L. , c. (C. ) (pending before the Legislature as this bill). Denial of an application shall be a final agency decision, subject to review by the Superior Court, Appellate Division.
c. [(1) The commissioner shall require each applicant seeking to serve as a primary caregiver to undergo a criminal history record background check. The commissioner is authorized to exchange fingerprint data with and receive criminal history record background information from the Division of State Police and the Federal Bureau of Investigation consistent with the provisions of applicable federal and State laws, rules, and regulations. The Division of State Police shall forward criminal history record background information to the commissioner in a timely manner when requested pursuant to the provisions of this section.
An applicant seeking to serve as a primary caregiver shall submit to being fingerprinted in accordance with applicable State and federal laws, rules, and regulations. No check of criminal history record background information shall be performed pursuant to this section unless the applicant has furnished his written consent to that check. An applicant who refuses to consent to, or cooperate in, the securing of a check of criminal history record background information shall not be considered for inclusion in the registry as a primary caregiver or issuance of an identification card. An applicant shall bear the cost for the criminal history record background check, including all costs of administering and processing the check.
(2) The commissioner shall not approve an applicant seeking to serve as a primary caregiver if the criminal history record background information of the applicant reveals a disqualifying conviction. For the purposes of this section, a disqualifying conviction shall mean a conviction of a crime involving any controlled dangerous substance or controlled substance analog as set forth in chapter 35 of Title 2C of the New Jersey Statutes except paragraph (4) of subsection a. of N.J.S.2C:35-10, or any similar law of the United States or of any other state.
(3) Upon receipt of the criminal history record background information from the Division of State Police and the Federal Bureau of Investigation, the commissioner shall provide written notification to the applicant of his qualification or disqualification for serving as a primary caregiver.
If the applicant is disqualified because of a disqualifying conviction pursuant to the provisions of this section, the conviction that constitutes the basis for the disqualification shall be identified in the written notice.
(4) The Division of State Police shall promptly notify the commissioner in the event that an individual who was the subject of a criminal history record background check conducted pursuant to this section is convicted of a crime or offense in this State after the date the background check was performed. Upon receipt of that notification, the commissioner shall make a determination regarding the continued eligibility of the applicant to serve as a primary caregiver.
(5) Notwithstanding the provisions of subsection b. of this section to the contrary, no applicant shall be disqualified from serving as a registered primary caregiver on the basis of any conviction disclosed by a criminal history record background check conducted pursuant to this section if the individual has affirmatively demonstrated to the commissioner clear and convincing evidence of rehabilitation. In determining whether clear and convincing evidence of rehabilitation has been demonstrated, the following factors shall be considered:
(a) the nature and responsibility of the position which the convicted individual would hold, has held, or currently holds;
(b) the nature and seriousness of the crime or offense;
(c) the circumstances under which the crime or offense occurred;
(d) the date of the crime or offense;
(e) the age of the individual when the crime or offense was committed;
(f) whether the crime or offense was an isolated or repeated incident;
(g) any social conditions which may have contributed to the commission of the crime or offense; and
(h) any evidence of rehabilitation, including good conduct in prison or in the community, counseling or psychiatric treatment received, acquisition of additional academic or vocational schooling, successful participation in correctional work-release programs, or the recommendation of those who have had the individual under their supervision.] Deleted by amendment, P.L. , c. (pending before the Legislature as this bill)
d. A registry identification card shall contain the following information:
(1) the name, address, and date of birth of the [patient and primary caregiver, if applicable] cardholder;
(2) the expiration date of the registry identification card of a primary caregiver or a designated grower;
(3) photo identification of the cardholder; [and]
(4) the patient's choice to obtain medical marijuana from an alternative treatment center or to grow and process the patient's own medical marijuana, as indicated to the department pursuant to section 20 of P.L. , c. (C. ) (pending before the Legislature as this bill);
(5) on the registry identification card of a qualifying patient, the registry numbers for the qualifying patient's primary caregiver and designated grower, if any;
(6) on the registry identification card of a primary caregiver or designated grower, the qualifying patient's registry number; and
(7) such other information that the department may specify by regulation.
e. (1) A patient who has been issued a registry identification card shall notify the department of any change in the patient's name, address, or physician or change in status of the patient's debilitating medical condition, within 10 days of such change, or the registry identification card shall be deemed null and void.
(2) A primary caregiver or designated grower who has been issued a registry identification card shall notify the department of any change in the caregiver's or grower's name or address within 10 days of such change, or the registry identification card shall be deemed null and void.
f. The department shall maintain a confidential list of the persons to whom it has issued registry identification cards. Individual names and other identifying information on the list, and information contained in any application form, or accompanying or supporting document shall be confidential, and shall not be considered a public record under P.L.1963, c.73 (C.47:1A-1 et seq.) or P.L.2001, c.404 (C.47:1A-5 et al.), and shall not be disclosed except to:
(1) authorized employees of the department and the Division of Consumer Affairs in the Department of Law and Public Safety as necessary to perform official duties of the department and the division, as applicable; and
(2) authorized employees of State or local law enforcement agencies, only as necessary to verify that a person who is engaged in the suspected or alleged medical use of marijuana is lawfully in possession of a registry identification card.
g. Applying for or receiving a registry card does not constitute a waiver of the qualifying patient's patient-physician privilege.
h. In the case of a qualifying patient who is a minor, both parents of the patient may concurrently be registered and serve as primary caregiver for the patient.
(cf: P.L.2009, c.307, s.4)
3. Section 5 of P.L.2009, c.307 (C.24:6I-5) is amended to read as follows:
5. a. Medical use of marijuana by a qualifying patient may be authorized pursuant to a certification which meets the requirements of [this act] P.L.2009, c.307 (C.24:6I-1 et al.) and P.L. , c. (C. ) (pending before the Legislature as this bill). In order to provide such certification, a physician shall be licensed and in good standing to practice in the State.
The certification shall attest that the above criteria have been met.
b. The provisions of subsection a. of this section shall not apply to a qualifying patient who is a minor unless the custodial parent, guardian, or person who has legal custody of the minor receives from the physician an explanation of the potential risks and benefits of the medical use of marijuana and consents in writing that the minor patient has that person's permission for the medical use of marijuana and that the person will control the acquisition and possession of the medical marijuana and any related paraphernalia [from the alternative treatment center] consistent with the provisions of P.L.2009, c.307 (C.24:6I-1 et al.) and P.L. , c. (C. ) (pending before the Legislature as this bill). The physician shall document the explanation of the potential risks and benefits in the minor patient's medical record. A qualifying patient who is a minor may be granted authorization for the use of medical marijuana by the specialist treating the patient for the patient's debilitating medical condition if the specialist is also a pediatric specialist. If the specialist is not a pediatric specialist, authorization shall not be granted without the additional approval of a pediatric specialist. No other approvals shall be required for authorization for the use of medical marijuana by a qualifying patient who is a minor other than those set forth in this subsection.
(cf: P.L.2013, c.160, s.1)
4. Section 6 of P.L.2009, c.307 (C.24:6I-6) is amended to read as follows:
6. a. The provisions of N.J.S.2C:35-18 shall apply to any qualifying patient, primary caregiver, designated grower, alternative treatment center, laboratory, physician, or any other person acting in accordance with the provisions of [this act] P.L.2009, c.307 (C.24:6I-1 et al.) and P.L. , c. (C. ) (pending before the Legislature as this bill).
b. A qualifying patient, primary caregiver, designated grower, alternative treatment center, laboratory, physician, or any other person acting in accordance with the provisions of [this act] P.L.2009, c.307 (C.24:6I-1 et al.) and P.L. , c. (C. ) (pending before the Legislature as this bill) shall not be subject to any civil or administrative penalty, or denied any right or privilege, including, but not limited to, civil penalty or disciplinary action by a professional licensing board, related to the medical use of marijuana as authorized under [this act] P.L.2009, c.307 (C.24:6I-1 et al.) and P.L. , c. (C. ) (pending before the Legislature as this bill).
c. Possession of, or application for, a registry identification card shall not alone constitute probable cause to search the person or the property of the person possessing or applying for the registry identification card, or otherwise subject the person or his property to inspection by any governmental agency.
d. The provisions of section 2 of P.L.1939, c.248 (C.26:2-82), relating to destruction of marijuana determined to exist by the department, shall not apply if a qualifying patient, designated grower, or primary caregiver has in his possession a registry identification card and no more than the maximum amount of usable marijuana that may be obtained in accordance with section 10 of [this act] P.L.2009, c.307 (C.24:6I-10), nor shall any law enforcement officer or employee damage, destroy, or in any way alter the medical marijuana.
e. No person shall be subject to arrest or prosecution for constructive possession, conspiracy, or any other offense for simply being in the presence or vicinity of the medical use of marijuana as authorized under [this act] P.L.2009, c.307 (C.24:6I-1 et al.) and P.L. , c. (C. ) (pending before the Legislature as this bill).
f. No custodial parent, guardian, or person who has legal custody of a qualifying patient who is a minor shall be subject to arrest or prosecution for constructive possession, conspiracy, or any other offense for assisting the minor in the medical use of marijuana as authorized under [this act] P.L.2009, c.307 (C.24:6I-1 et al.) and P.L. , c. (C. ) (pending before the Legislature as this bill).
g. The lawful possession, cultivation, transfer, transportation, distribution, and manufacture of medical marijuana as authorized by P.L.2009, c.307 (C.24:6I-1 et al.) and P.L. , c. (C. ) (pending before the Legislature as this bill) shall not result in the forfeiture or seizure of any property.
(cf: P.L.2009, c.307, s.6)
5. (New section) a. No later than 60 days following the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), the Division of Criminal Justice, in consultation with the Department of Health, shall develop and approve a training course and curriculum on the rights of qualifying patients, primary caregivers, designated growers, alternative treatment centers, laboratories, physicians, and any other person acting in accordance with the provisions of the "New Jersey Compassionate Use Medical Marijuana Act," P.L.2009, c.307 (C.24:6I-1 et al.) and P.L. , c. (C. ) (pending before the Legislature as this bill), including, but not limited to, immunity from civil liability and criminal prosecution under State law for the authorized possession and use of medical marijuana, and specialized training in determining whether a person is under the influence of marijuana for the purposes of a field sobriety test to determine whether a qualifying patient has violated subsection a. of section 8 of P.L.2009, c.307 (C.24:6I-8). This training course and curriculum shall be reviewed at least every two years and modified by the Division of Criminal Justice from time to time as need may require. The Division of Criminal Justice shall distribute the curriculum to all State, county, and local law enforcement agencies.
b. The Attorney General shall be responsible for ensuring that all law enforcement officers attend initial training within 90 days of appointment or transfer, and annual in-service training every year thereafter consistent with this section.
c. The Attorney General shall be responsible for ensuring that all law enforcement officers employed by a State, county, or local law enforcement agency as of the date the training course and curriculum required under subsection a. of this section are approved attend initial training within 90 days following that approval.
6. (New section) It shall be unlawful to take any adverse employment action against any individual based on the individual's use of medical marijuana consistent with the provisions of P.L.2009, c.307 (C.24:6I-1 et al.) and P.L. , c. (C. ) (pending before the Legislature as this bill) unless the employer establishes by clear and convincing evidence that the authorized use of medical marijuana has had or would have a significant detrimental impact on the individual's performance of a bona fide occupational qualification which is reasonably necessary to the normal operation of the particular business or enterprise.
An employer shall not discharge an employee based on the authorized use of medical marijuana consistent with the provisions of P.L.2009, c.307 (C.24:6I-1 et al.) and P.L. , c. (C. ) (pending before the Legislature as this bill) unless the employer establishes by clear and convincing evidence that the employee could not have reasonably been transferred to another position in which the authorized use of medical marijuana would not impact the bona fide occupational qualifications for the position.
As used in this section, "adverse employment action" means: refusing to hire or employ an individual; barring or discharging an individual from employment; requiring an individual to retire from employment; or discriminating against an individual in compensation or in terms, conditions, or privileges of employment.
7. (New section) For the purposes of medical care, including organ transplants, a registered qualifying patient's authorized use of medical marijuana in accordance with the provisions of P.L.2009, c.307 (C.24:6I-1 et al.) and P.L. , c. (C. ) (pending before the Legislature as this bill) shall be considered equivalent to the authorized use of any other medication used at the direction of a physician, and shall not constitute the use of an illicit substance or otherwise disqualify a qualifying patient from needed medical care.
8. (New section) Notwithstanding any other provision of law, the local governmental units of this State may neither enact nor enforce any ordinance or other local law or regulation conflicting with, or preempted by, any provision of P.L.2009, c.307 (C.24:6I-1 et al.) or P.L. , c. (C. ) (pending before the Legislature as this bill).
9. (New section) No tax shall be imposed upon the sale, use, transfer, possession, or cultivation of medical marijuana in accordance with the provisions of P.L.2009, c.307 (C.24:6I-1 et al.) and P.L. , c. (C. ) (pending before the Legislature as this bill).
10. Section 7 of P.L.2009, c.307 (C.24:6I-7) is amended to read as follows:
7. a. The department shall accept applications from entities for permits to operate as alternative treatment centers, and may charge a reasonable fee for the issuance of a permit under this section which shall not exceed $5,000. The department shall seek to ensure the availability of a sufficient number of alternative treatment centers throughout the State, pursuant to need, including at least two each in the northern, central, and southern regions of the State. The first two centers issued a permit in each region shall be nonprofit entities, and centers subsequently issued permits may be nonprofit or for-profit entities. There shall be no upper limit on the number of permits issued for alternative treatment centers.
An alternative treatment center shall be authorized to acquire a reasonable initial and ongoing inventory [, as determined by the department,] of marijuana seeds or seedlings and paraphernalia, possess, cultivate, plant, grow, harvest, process, display, manufacture, deliver, transfer, transport, distribute, supply, sell, or dispense marijuana, or related supplies to qualifying patients or their primary caregivers who are registered with the department pursuant to section 4 of [this act] P.L.2009, c.307 (C.24:6I-4). An alternative treatment center shall not be limited in the number of strains or in the potency of medical marijuana cultivated, and may package and directly dispense marijuana to qualifying patients in dried form, oral lozenges, topical formulations, [or] edible form, or any other form [as authorized by the commissioner] recommended by a qualifying patient's physician. Edible form shall include, but not be limited to, tablets, capsules, drops [or], and syrups [and any other form as authorized by the commissioner. Edible forms shall be available only to qualifying patients who are minors].
Applicants for authorization as nonprofit alternative treatment centers shall be subject to all applicable State laws governing nonprofit entities, but need not be recognized as a 501(c)(3) organization by the federal Internal Revenue Service.
b. The department shall require that an applicant provide such information as the department determines to be necessary pursuant to regulations adopted pursuant to [this act] P.L.2009, c.307 (C.24:6I-1 et al.) or P.L. , c. (C. ) (pending before the Legislature as this bill).
c. A person who has been convicted of a crime involving any controlled dangerous substance or controlled substance analog as set forth in chapter 35 of Title 2C of the New Jersey Statutes except paragraph (4) of subsection a. of N.J.S.2C:35-10, or any similar law of the United States or any other state shall not be issued a permit to operate as an alternative treatment center or be a director, officer, or employee of an alternative treatment center, unless such conviction occurred after the effective date of [this act] P.L.2009, c.307 (C.24:6I-1 et al.) and was for a violation of federal law relating to possession or sale of marijuana for conduct that is authorized under [this act] P.L.2009, c.307 (C.24:6I-1 et al.), or unless such conviction occurred after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill) and was for a violation of federal law relating to possession or sale of marijuana for conduct that is authorized under P.L. , c. (C. ) (pending before the Legislature as this bill).
d. (1) The commissioner shall require each applicant seeking a permit to operate as an alternative treatment center to undergo a criminal history record background check. For purposes of this section, the term "applicant" shall include any owner, director, officer, or employee of an alternative treatment center. The commissioner is authorized to exchange fingerprint data with and receive criminal history record background information from the Division of State Police and the Federal Bureau of Investigation consistent with the provisions of applicable federal and State laws, rules, and regulations. The Division of State Police shall forward criminal history record background information to the commissioner in a timely manner when requested pursuant to the provisions of this section.
An applicant shall submit to being fingerprinted in accordance with applicable State and federal laws, rules, and regulations. No check of criminal history record background information shall be performed pursuant to this section unless the applicant has furnished his written consent to that check. An applicant who refuses to consent to, or cooperate in, the securing of a check of criminal history record background information shall not be considered for a permit to operate, or authorization to be employed at, an alternative treatment center. An applicant shall bear the cost for the criminal history record background check, including all costs of administering and processing the check.
(2) The commissioner shall not approve an applicant for a permit to operate, or authorization to be employed at, an alternative treatment center if the criminal history record background information of the applicant reveals a disqualifying conviction as set forth in subsection c. of this section.
(3) Upon receipt of the criminal history record background information from the Division of State Police and the Federal Bureau of Investigation, the commissioner shall provide written notification to the applicant of his qualification for or disqualification for a permit to operate or be a director, officer, or employee of an alternative treatment center.
If the applicant is disqualified because of a disqualifying conviction pursuant to the provisions of this section, the conviction that constitutes the basis for the disqualification shall be identified in the written notice.
(4) The Division of State Police shall promptly notify the commissioner in the event that an individual who was the subject of a criminal history record background check conducted pursuant to this section is convicted of a crime or offense in this State after the date the background check was performed. Upon receipt of that notification, the commissioner shall make a determination regarding the continued eligibility to operate or be a director, officer, or employee of an alternative treatment center.
(5) Notwithstanding the provisions of subsection b. of this section to the contrary, the commissioner may offer provisional authority for an applicant to be an employee of an alternative treatment center for a period not to exceed three months if the applicant submits to the commissioner a sworn statement attesting that the person has not been convicted of any disqualifying conviction pursuant to this section.
(6) Notwithstanding the provisions of subsection b. of this section to the contrary, no employee of an alternative treatment center shall be disqualified on the basis of any conviction disclosed by a criminal history record background check conducted pursuant to this section if the individual has affirmatively demonstrated to the commissioner clear and convincing evidence of rehabilitation. In determining whether clear and convincing evidence of rehabilitation has been demonstrated, the following factors shall be considered:
(a) the nature and responsibility of the position which the convicted individual would hold, has held or currently holds;
(b) the nature and seriousness of the crime or offense;
(c) the circumstances under which the crime or offense occurred;
(d) the date of the crime or offense;
(e) the age of the individual when the crime or offense was committed;
(f) whether the crime or offense was an isolated or repeated incident;
(g) any social conditions which may have contributed to the commission of the crime or offense; and
(h) any evidence of rehabilitation, including good conduct in prison or in the community, counseling or psychiatric treatment received, acquisition of additional academic or vocational schooling, successful participation in correctional work-release programs, or the recommendation of those who have had the individual under their supervision.
e. The department shall issue a permit to a person to operate as an alternative treatment center if the department finds that issuing such a permit would be consistent with the purposes of [this act] P.L.2009, c.307 (C.24:6I-1 et al.) and P.L. , c. (C. ) (pending before the Legislature as this bill) and the requirements of this section are met and the department has verified the information contained in the application. The department shall approve or deny an application within 60 days after receipt of a completed application. Applications shall be processed in the order in which they are received and no applicant shall receive preferential treatment in the application process. An application deemed incomplete shall not be denied unless it is first returned to the applicant with an itemized description of every incomplete item on the application and the applicant is granted at least 30 days to return a corrected application. The denial of an application shall be considered a final agency decision, subject to review by the Appellate Division of the Superior Court. The department may suspend or revoke a permit to operate as an alternative treatment center for cause, which shall be subject to review by the Appellate Division of the Superior Court.
f. A person who has been issued a permit pursuant to this section shall display the permit at the premises of the alternative treatment center at all times when marijuana is being produced, or dispensed to a registered qualifying patient or the patient's primary caregiver.
g. An alternative treatment center shall report any change in information to the department not later than 10 days after such change, or the permit shall be deemed null and void.
h. 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 cardholder.
i. The commissioner shall adopt regulations to:
(1) require such written documentation of each delivery of marijuana to, and pickup of marijuana for, a registered qualifying patient, including the date and amount dispensed, to be maintained in the records of the alternative treatment center, as the commissioner determines necessary to ensure effective documentation of the operations of each alternative treatment center;
(2) monitor, oversee, and investigate all activities performed by an alternative treatment center; and
(3) ensure adequate security of all facilities 24 hours per day, including production and retail locations, and security of all delivery methods to registered qualifying patients.
(cf: P.L.2013, c.160, s.2)
11. (New section) a. Commencing on the 30th day following the enactment of P.L. , c. (C. ) (pending before the Legislature as this bill), each batch of a medical marijuana product produced or offered for consumption by an alternative treatment center shall be tested to determine the chemical composition and potency of the product per standard dosage unit. This testing shall be in accordance with the requirements of section 14 of P.L. , c. (C. ) (pending before the Legislature as this bill) and may be performed by the alternative treatment center or by a laboratory licensed pursuant to section 13 of P.L. , c. (C. ) (pending before the Legislature as this bill).
b. The alternative treatment center or licensed laboratory performing the testing shall produce a written report detailing the results of the testing, which shall be made available by the alternative treatment center to qualifying patients and primary caregivers upon request.
c. An alternative treatment center shall display a summary of the chemical composition and potency of each medical marijuana product offered for consumption alongside the product and shall make copies of the summary available to qualifying patients and primary caregivers.
d. An alternative treatment center that tests its own products or that tests samples of medical marijuana for a qualifying patient, primary caregiver, or designated grower pursuant to section 12 of P.L. , c. (C. ) (pending before the Legislature as this bill) shall be subject to reasonable inspection to determine the condition and calibration of any equipment used for testing purposes and to ensure that testing is being performed in accordance with the requirements of section 14 of P.L. , c. (C. ) (pending before the Legislature as this bill).
12. (New section) a. A patient, primary caregiver, or designated grower may submit a sample of medical marijuana in any form to an alternative treatment center or a laboratory licensed pursuant to section 13 of P.L. , c. (C. ) (pending before the Legislature as this bill) to be tested to determine the chemical composition and potency of the sample. This testing shall be in accordance with standards promulgated pursuant to section 14 of P.L. , c. (C. ) (pending before the Legislature as this bill).
b. The alternative treatment center or licensed laboratory performing the testing shall issue to the qualifying patient a written report detailing the results of the testing.
c. The alternative treatment center or licensed laboratory may charge a reasonable fee for any test performed pursuant to this section.
d. An alternative treatment center or licensed laboratory may request the patient, primary caregiver, or designated grower present a valid registry identification card at the time a sample of medical marijuana is submitted for testing.
e. The alternative treatment center or licensed laboratory shall not require the submission of a larger sample of medical marijuana than is necessary for testing purposes and shall not require the patient, primary caregiver, or designated grower to disclose the source of the sample.
f. The alternative treatment center or licensed laboratory shall not disclose the identity of a patient, primary caregiver, or designated grower who submits a sample for testing. The alternative treatment center or licensed laboratory shall not disclose the results of any test performed, except as required by the department for licensing and inspection purposes.
g. Nothing in this section shall be construed to require any alternative treatment center or licensed laboratory to accept or test a sample of medical marijuana submitted by a patient, primary caregiver, or designated grower.
13. (New section) a. A laboratory that performs testing services pursuant to sections 11 or 12 of P.L. , c. (C. or C. ) (pending before the Legislature as this bill) shall be licensed by the department and may be subject to inspection by the department to determine the condition and calibration of any equipment used for testing purposes and to ensure that testing is being performed in accordance with the requirements of section 14 of P.L. , c. (C. ) (pending before the Legislature as this bill).
b. There shall be no upper limit on the number of laboratories that may be licensed to perform testing services.
c. Until such time as the department establishes licensing requirements and begins issuing licenses pursuant to this section, or if there is no alternative treatment center or licensed laboratory that provides testing services within 30 miles of the qualifying patient's primary residence, medical marijuana may be tested at any laboratory that consents to provide testing services. Any testing services performed pursuant to this subsection shall be performed in accordance with the requirements of section 14 of P.L. , c. (C. ) (pending before the Legislature as this bill). A laboratory that provides testing services pursuant to this subsection, and any staff employed by that laboratory, shall not be subject to any civil or criminal penalty or any disciplinary action by a professional licensing board related to the provision of testing services.
14. (New section) a. The department shall establish by regulation standardized procedures and requirements for testing medical marijuana in any form.
b. Any test performed on a medical marijuana product shall include, at a minimum, liquid chromatography analysis to determine chemical composition and potency, and screening for contamination by biologic contaminants, foreign material, residual pesticides and other agricultural residue, and residual solvents.
c. The department shall establish by regulation standardized dosage units for each form of medical marijuana, including, but not limited to, dried form, oral lozenges, topical formulations, tablets, capsules, drops, syrups, and edible forms.
d. Equipment used by an alternative treatment center or licensed laboratory for testing purposes shall be routinely inspected, calibrated, and maintained in accordance with national standards or, if national standards are not available, with the manufacturer's specifications. Calibration procedures shall include specific directions and limits for accuracy and precision, and provisions for remedial action when these limits are not met. Each alternative treatment center and licensed laboratory shall maintain records of all inspection, calibration, and maintenance activities, which shall be made available to the department upon request.
e. Until such time as the department establishes the standards required by this section, an alternative treatment center or licensed laboratory may utilize standardized medical marijuana dosage units and testing standards established by any other state with a medical marijuana program.
15. Section 8 of P.L.2009, c.307 (C.24:6I-8) is amended to read as follows:
8. The provisions of [this act] P.L.2009, c.307 (C.24:6I-1 et al.) and P.L. , c. (C. ) (pending before the Legislature as this bill) shall not be construed to permit a person to:
a. operate, navigate, or be in actual physical control of any vehicle, aircraft, railroad train, stationary heavy equipment, or vessel while under the influence of marijuana; or
b. smoke marijuana in a school bus or other form of public transportation, in a private vehicle unless the vehicle is not in operation, on any school grounds, in any correctional facility, at any public park or beach, at any recreation center, or in any place where smoking is prohibited pursuant to N.J.S.2C:33-13.
A person who commits an act as provided in this section shall be subject to such penalties as are provided by law, except that a qualifying patient who possesses a valid medical marijuana registry identification card shall not be found in violation of subsection a. of this section based solely on the presence of marijuana in the qualifying patient's blood or urine. Proof of such violation may only be established by a field sobriety test performed by law enforcement officer who has successfully completed the initial and annual in-service training requirements established by the Division of Criminal Justice pursuant to section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill), including training in determining whether a person is under the influence of marijuana.
(cf: P.L.2009, c.307, s.8)
16. Section 9 of P.L.2009, c.307 (C.24:6I-9) is amended to read as follows:
9. A person who knowingly sells, offers, or exposes for sale, or otherwise transfers, or possesses with the intent to sell, offer or expose for sale or transfer a document that falsely purports to be a registration card issued pursuant to [this act] P.L.2009, c.307 (C.24:6I-1 et al.) and P.L. , c. (C. ) (pending before the Legislature as this bill), or a registration card issued pursuant to [this act] P.L.2009, c.307 (C.24:6I-1 et al.) and P.L. , c. (C. ) (pending before the Legislature as this bill) that has been altered, is guilty of a crime of the third degree. A person who knowingly presents to a law enforcement officer a document that falsely purports to be a registration card issued pursuant to [this act] P.L.2009, c.307 (C.24:6I-1 et al.) and P.L. , c. (C. ) (pending before the Legislature as this bill), or a registration card that has been issued pursuant to [this act] P.L.2009, c.307 (C.24:6I-1 et al.) and P.L. , c. (C. ) (pending before the Legislature as this bill) that has been altered, is guilty of a crime of the fourth degree. The provisions of this section are intended to supplement current law and shall not limit prosecution or conviction for any other offense.
(cf: P.L.2009, c.307, s.9)
17. Section 10 of P.L.2009, c.307 (C.24:6I-10) is amended to read as follows:
10. a. A physician shall provide written instructions for a registered qualifying patient [or his caregiver to present to an alternative treatment center] concerning the [total amount of usable marijuana that a patient may be dispensed, in weight,] form, strain, quantity, and potency of medical marijuana appropriate to the patient's condition. The instructions shall specify the quantity of medical marijuana authorized for the patient in a [30-day] 60-day period [, which amount shall not exceed two ounces] using the standard dosage unit applicable to the form of medical marijuana recommended by the physician for the patient's use. If no amount is noted, the [maximum] amount that may be dispensed by an alternative treatment center to the patient or designated caregiver at one time [is two ounces] shall be appropriate to the patient's health condition and treatment needs. Written instructions shall be valid for no more than 60 days from the date they are issued or, in the case of multiple written instructions as provided in subsection b. of this section, no more than 60 days from the date the instructions become valid.
b. A physician may issue multiple written instructions at one time authorizing [the patient to receive] a total of up to a [90-day] 180-day supply of medical marijuana for the patient, provided that the following conditions are met:
(1) Each separate set of instructions shall be issued for a legitimate medical purpose by the physician, as provided in [this act] P.L.2009, c.307 (C.24:6I-1 et al.) and P.L. , c. (C. ) (pending before the Legislature as this bill);
(2) Each separate set of instructions shall indicate the earliest date on which [a center may dispense the marijuana, except for the first dispensation if it is to be filled immediately] the instructions shall be valid; and
(3) The physician has determined that providing the patient with multiple instructions in this manner does not create an undue risk of diversion or abuse.
c. A registered qualifying patient who informs the department that the patient will obtain medical marijuana from an alternative treatment center pursuant to subsection a. of section 20 of P.L. , c. (C. ) (pending before the Legislature as this bill) or [his] the patient's primary caregiver shall present the patient's or caregiver's registry identification card, as applicable, and these written instructions to [the] any alternative treatment center, which shall verify and log the documentation presented. A physician may provide a copy of a written instruction by electronic or other means, as determined by the commissioner, directly to an alternative treatment center on behalf of a registered qualifying patient. The dispensation of marijuana pursuant to any written instructions shall occur within [one month] 60 days of the date that the instructions were written or become valid, or the instructions are void.
d. [A patient may be registered at only one alternative treatment center at any time.] deleted by amendment, P.L. , c. (pending before the Legislature as this bill)
e. A registered qualifying patient who chooses to grow and process the patient's own medical marijuana as provided in section 18 of P.L. , c. (C. ) (pending before the Legislature as this bill) may only do so pursuant to and consistent with valid written instructions.
(cf: P.L.2009, c.307, s.10)
18. (New section) a. A qualifying patient shall be permitted to register with the department to grow and process the patient's own medical marijuana. The qualifying patient shall not be permitted to grow and process any medical marijuana unless the qualifying patient has notified the department of this choice pursuant to subsection a. of section 20 of P.L. , c. (C. ) (pending before the Legislature as this bill) and possesses valid written instructions from the qualifying patient's physician pursuant to section 10 of P.L.2009, c.307 (C.24:6I-10).
b. A qualifying patient who registers to grow and process the patient's own medical marijuana as provided in subsection a. of this section and the patient's designated grower, if any, shall be authorized to acquire marijuana seeds, seedlings, and paraphernalia, and to possess, cultivate, plant, grow, harvest, process, manufacture, and transport marijuana and related supplies for medical use. Except as provided in subsection c. of this section, the patient or designated grower shall not be limited in the number of strains of medical marijuana cultivated, and may process or prepare medical marijuana for use in dried form, oral lozenges, topical formulations, or edible form, or in any other form recommended by the patient's physician.
c. A qualifying patient who registers to grow and process the patient's own medical marijuana and the patient's designated grower, if any, may grow up to a total of five plants at any given time. In addition, the patient and designated grower may grow and maintain no more than one mother plant for each strain of medical marijuana the patient cultivates; mother plants shall not count toward the maximum of five plants permitted per patient.
d. A qualifying patient who registers to grow and process the patient's own medical marijuana and the patient's primary caregiver or designated grower may provide a licensed laboratory or alternative treatment center with samples of medical marijuana as provided in section 12 of P.L. , c. (C. ) (pending before the Legislature as this bill) for the purposes of testing the medical marijuana to determine whether it is of a chemical composition and potency appropriate to the patient's current treatment needs. Nothing in this subsection shall be construed to require a laboratory or alternative treatment center to provide testing services.
e. A qualifying patient who registers to grow and process the patient's own medical marijuana may provide an alternative treatment center with, and may obtain from an alternative treatment center, seeds, seedlings, and cuttings from medical marijuana plants. Except as provided in subsection f. of section 20 of P.L. , c. (C. ) (pending before the Legislature as this bill), a qualifying patient registered to grow and process the patient's own medical marijuana may not obtain medical marijuana in a usable form from the alternative treatment center.
19. (New section) a. A qualifying patient who registers to grow and process the patient's own medical marijuana as provided in subsection a. of section 18 of P.L. , c (C. ) (pending before the Legislature as this bill) may identify a designated grower who shall be authorized to grow and process some or all of the medical marijuana necessary to meet the patient's treatment needs. A qualifying patient may have no more than one designated grower at one time.
b. A designated grower shall not grow or process medical marijuana for a qualifying patient unless the designated grower is registered to grow and process medical marijuana for that patient pursuant to section 4 of P.L.2009, C.307 (C.24:6I-4) and the designated grower's registry number is included on the qualifying patient's registry identification card.
c. A designated grower may also serve as primary caregiver to the patient, provided that the designated grower is not currently serving as primary caregiver to any other patient. A designated grower may grow and process medical marijuana for no more than three patients at any given time.
d. The designated grower shall ensure that the designated grower's supply of mother plants is sufficient to produce medical marijuana in a form, strain, quantity, and potency that meets the individual treatment needs of each qualified patient for whom the designated grower is registered to grow and process medical marijuana, except that a designated grower may grow and maintain no more than one mother plant per patient for each strain of medical marijuana produced for the patient.
e. The commissioner shall adopt regulations to:
(1) require such written documentation of each delivery of marijuana to, and pickup of marijuana for, a registered qualifying patient, including the date and amount dispensed, to be maintained in the designated grower's records, as the commissioner determines necessary to ensure effective documentation of each designated grower's operations; and
(2) ensure adequate security of all designated grower facilities 24 hours per day and security of all delivery methods to registered qualifying patients.
No regulation adopted pursuant to this subsection shall place an undue burden on a designated grower or shall be more restrictive than is necessary to effectuate the purposes of P.L.2009, c.307 (C.24:6I-1 et al.) and P.L. , c. (C. ) (pending before the Legislature as this bill).
20. (New section) a. A qualifying patient shall inform the department whether the patient will grow and process the patient's own medical marijuana as provided in subsection a. of section 18 of P.L. , c. (C. ) (pending before the Legislature as this bill) or obtain medical marijuana from an alternative treatment center. The patient's registry identification card shall reflect this choice.
b. Upon receiving notice that a qualifying patient will grow and process the patient's own medical marijuana, the department shall provide any State or local law enforcement agency having jurisdiction over the location where the patient will grow and process the patient's own medical marijuana with suitable documentation indicating that the patient is authorized to do so.
c. A qualifying patient who has registered to grow and process the patient's own medical marijuana may, at any time, by written request to the department, register to obtain medical marijuana from an alternative treatment center. The department shall notify any State or local law enforcement agency that was provided documentation as required by subsection b. of this section that the patient is no longer authorized to grow and process the patient's own medical marijuana. The patient shall destroy any medical marijuana produced along with any plants, seeds, or seedlings that the patient possesses in connection with growing and processing the patient's own medical marijuana.
d. A qualifying patient who has registered to obtain medical marijuana from an alternative treatment center may, at any time, by written request to the department, register to grow and process the patient's own medical marijuana. Upon receipt of the written request, the department shall provide law enforcement with the documentation required pursuant to subsection b. of this section.
e. Upon receipt of a written request under subsection c. or d. of this section, the department shall issue the qualifying patient an updated registry identification card, for which the department may charge a nominal fee of no more than $2.
f. (1) Except as provided in paragraphs (2) and (3) of this subsection, an alternative treatment center may not provide medical marijuana to a qualifying patient who has registered to grow and process the patient's own medical marijuana.
(2) A patient who registers to grow and process the patient's own medical marijuana pursuant to subsections a. or d. of this section shall be authorized to obtain medical marijuana from an alternative treatment center for up to six months following the date of registration. The patient's registry identification card shall include the date this authorization ends.
(3) An alternative treatment center may provide up to a 60-day supply of medical marijuana to a qualifying patient who has registered to grow and process the patient's own medical marijuana if the patient certifies that the patient has been unable to produce medical marijuana in the form, strain, quantity, or potency necessary to meet the patient's current treatment needs.
(4) The alternative treatment center shall document each request for medical marijuana made pursuant to paragraph (3) of this subsection and shall report the request to the department. If a qualifying patient makes three or more requests within a six month period, the department shall inform the patient, in writing, that the patient may designate a grower as provided in subsection a. of section 19 of P.L. , c. (C. ) (pending before the Legislature as this bill) or make a request as provided in subsection c. of this section to register to obtain medical marijuana from an alternative treatment center.
21. (New section) a. A qualifying patient and a primary caregiver may possess and a qualifying patient may use medical marijuana obtained from another jurisdiction provided that:
(1) The other jurisdiction permits the medical use of marijuana; and
(2) The qualifying patient or the primary caregiver is authorized to obtain medical marijuana under the laws of both this State and the other jurisdiction.
b. A qualifying patient or the primary caregiver may provide an alternative treatment center or a designated grower with seeds, seedlings, and cuttings from medical marijuana plants obtained from another jurisdiction for the purposes of cultivation in this State consistent with the provisions of P.L.2009, c.307 (C.24:6I-1 et al.) and P.L. , c. (C. ) (pending before the Legislature as this bill).
c. Nothing in P.L.2009, c.307 (C.24:6I-1 et al.) or P.L. , c. (C. ) (pending before the Legislature as this bill) shall be construed to prohibit a qualifying patient or primary caregiver from transporting the patient's medical marijuana into another jurisdiction, provided that the possession and use of medical marijuana is consistent with the laws of that other jurisdiction.
22. (New section) A qualifying patient or a primary caregiver from another jurisdiction may engage in conduct authorized for a qualifying patient or a primary caregiver under P.L.2009, c.307 (C.24:6I-1 et al.) and P.L. , c. (C. ) (pending before the Legislature as this bill), provided that the qualifying patient or primary caregiver possesses a valid medical marijuana certification from a jurisdiction that authorizes the medical use of marijuana and a valid driver's license or other photographic identification issued by the other jurisdiction.
23. Section 13 of P.L.2009, c.307 (C.24:6I-11) is amended to read as follows:
13. a. The commissioner may accept from any governmental department or agency, public or private body, or any other source grants or contributions to be used in carrying out the purposes of [this act] P.L.2009, c.307 (C.24:6I-1 et al.) and P.L. , c. (C. ) (pending before the Legislature as this bill).
b. All fees collected pursuant to [this act] P.L.2009, c.307 (C.24:6I-1 et al.) and P.L. , c. (C. ) (pending before the Legislature as this bill), including those from [qualifying patients and] alternative treatment centers' initial, modification, and renewal applications, shall be used to offset the cost of the department's administration of the provisions of [this act] P.L.2009, c.307 (C.24:6I-1 et al.) and P.L. , c. (C. ) (pending before the Legislature as this bill).
(cf: P.L.2009, c.307, s.13)
24. Section 14 of P.L.2009, c.307 (C.24:6I-12) is amended to read as follows:
14. a. The commissioner shall report to the Governor, and to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1):
(1) no later than one year after the effective date of [this act] P.L.2009, c.307 (C.24:6I-1 et al.), on the actions taken to implement the provisions of [this act] P.L.2009, c.307 (C.24:6I-1 et al.), and no later than one year after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), on the actions taken to implement the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill); and
(2) annually thereafter on the number of applications for registry identification cards, the number of qualifying patients registered, the number of primary caregivers and designated growers registered, the nature of the debilitating medical conditions of the patients, the number of registry identification cards revoked, the number of alternative treatment center permits issued and revoked, the number of laboratories licensed to test medical marijuana, [and] the number of physicians providing certifications for patients, and the number of patients who register to grow and process the patient's own medical marijuana and who register to obtain medical marijuana from an alternative treatment center, as well as the number of patients who switch this registration.
b. The reports shall not contain any identifying information of patients, caregivers, designated growers, or physicians.
c. Within two years after the effective date of [this act] P.L.2009, c.307 (C.24:6I-1 et al.) and every two years thereafter, the commissioner shall: evaluate whether there are sufficient numbers of alternative treatment centers to meet the needs of registered qualifying patients throughout the State; evaluate whether the [maximum amount] forms, strains, and potencies of medical marijuana [allowed] recommended by physicians pursuant to [this act is] P.L.2009, c.307 (C.24:6I-1 et al.) and P.L. , c. (C. ) (pending before the Legislature as this bill) are sufficient to meet the medical needs of qualifying patients; and determine whether any alternative treatment center has charged excessive prices for marijuana that the center dispensed.
The commissioner shall report his findings no later than two years after the effective date of [this act] P.L.2009, c.307 (C.24:6I-1 et al.), and every two years thereafter, to the Governor, and to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1).
(cf: P.L.2009, c.307, s.14)
25. Section 15 of P.L.2009, c.307 (C.24:6I-13) is amended to read as follows:
15. a. The Department of Health is authorized to exchange fingerprint data with, and receive information from, the Division of State Police in the Department of Law and Public Safety and the Federal Bureau of Investigation for use in reviewing applications [for individuals seeking to serve as primary caregivers pursuant to section 4 of P.L.2009, c.307 (C.24:6I-4), and] for permits to operate as, or to be a director, officer, or employee of, alternative treatment centers pursuant to section 7 of P.L.2009, c.307 (C.24:6I-7).
b. The Division of State Police shall promptly notify the Department of Health in the event [an applicant seeking to serve as a primary caregiver or] an applicant for a permit to operate as, or to be a director, officer, or employee of, an alternative treatment center, who was the subject of a criminal history record background check conducted pursuant to subsection a. of this section, is convicted of a crime involving possession or sale of a controlled dangerous substance.
(cf: P.L.2012, c.17, s.91)
26. Section 16 of P.L.2009, c.307 (C.24:6I-14) is amended to read as follows:
16. Nothing in [this act] P.L.2009, c.307
(C.24:6I-1 et al.) or P.L. , c. (C. ) (pending before the
Legislature as this bill) shall be construed to require a government
medical assistance program or private health insurer to reimburse a person for
costs associated with the medical use of marijuana, or an employer to
accommodate the medical use of marijuana in any workplace except as provided
in section 6 of P.L. , c. (C. ) (pending before
the Legislature as this bill).
(cf: P.L.2009, c.307, s.16)
27. Section 17 of P.L.2009, c.307 (C.24:6I-15) is amended to read as follows:
17. In addition to any immunity or defense provided by law, the State and any employee or agent of the State shall not be held liable for any actions taken in accordance with [this act] P.L.2009, c.307 (C.24:6I-1 et al.) or P.L. , c. (C. ) (pending before the Legislature as this bill) or for any deleterious outcomes from the medical use of marijuana by any registered qualifying patient.
(cf: P.L.2009, c.307, s.17)
28. Section 18 of P.L.2009, c.307 (C.24:6I-16) is amended to read as follows:
18 a. Pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the commissioner shall promulgate rules and regulations to effectuate the purposes of [this act] P.L.2009, c.307 (C.24:6I-1 et al.) and P.L. , c. (C. ) (pending before the Legislature as this bill), in consultation with the Department of Law and Public Safety.
b. Notwithstanding any provision of P.L.1968, c.410 (C.52:14B-1 et seq.) to the contrary, the commissioner shall adopt, immediately upon filing with the Office of Administrative Law and no later than the 90th day after the effective date of [this act] P.L.2009, c.307 (C.24:6I-1 et al.), such regulations as the commissioner deems necessary to implement the provisions of [this act] P.L.2009, c.307 (C.24:6I-1 et al.). Regulations adopted pursuant to this subsection shall be effective until the adoption of rules and regulations pursuant to subsection a. of this section and may be amended, adopted, or readopted by the commissioner in accordance with the requirements of P.L.1968, c.410 (C.52:14B-1 et seq.).
c. No rule or regulation promulgated by the commissioner to effectuate the purposes of P.L.2009, c.307 (C.24:6I-1 et al.) and P.L. , c. (C. ) (pending before the Legislature as this bill) shall:
(1) Limit the number of alternative treatment centers, licensed laboratories, primary caregivers, or designated growers authorized under P.L.2009, c.307 (C.24:6I-1 et al.) and P.L. , c. (C. ) (pending before the Legislature as this bill);
(2) Restrict alternative treatment centers or designated growers to specific geographical regions of the State or restrict the number of alternative treatment centers or designated growers permitted to operate in any geographic region of the State;
(3) Establish unduly burdensome requirements for: approval of a permit to operate an alternative treatment center; issuance of a registry identification card to serve as a primary caregiver or designated grower; or licensure for a laboratory to test medical marijuana. Unduly burdensome requirements include, but are not limited to: establishing requirements that are more restrictive than necessary to ensure the safety and security of the system; establishing closed or limited application periods; requiring submission of information or records that are not pertinent to the safety and security of the system; requiring applications be submitted by invitation only; or requiring applications or fees be submitted in an inconvenient form or manner;
(4) Limit the quantity of medical marijuana an alternative treatment center may possess, provided that the quantity is consistent with reasonably expected patient demand;
(5) Establish any fees under the medical marijuana program that are not expressly established by P.L.2009, c.307 (C.24:6I-1 et al.) or P.L. , c. (C. ) (pending before the Legislature as this bill), or set any fee in excess of the maximum amounts set forth in P.L.2009, c.307 (C.24:6I-1 et al.) and P.L. , c. (C. ) (pending before the Legislature as this bill);
(6) Require physicians to register with the State as a condition of authorizing medical marijuana for a qualifying patient pursuant to P.L.2009, c.307 (C.24:6I-1 et al.) and P.L. , c. (C. ) (pending before the Legislature as this bill);
(7) Restrict or prohibit the acquisition, possession, production, or use of medical marijuana in any form, strain, quantity, or potency recommended by a qualifying patient's physician;
(8) Establish additional requirements to authorize medical marijuana for a qualifying patient that are not expressly required under P.L.2009, c.307 (C.24:6I-1 et al.) or P.L. , c. (C. ) (pending before the Legislature as this bill), including, but not limited to, requiring the approval of additional physicians or other health care professionals;
(9) Restrict the types of licensed physicians who may authorize medical marijuana for a qualifying patient;
(10) Restrict the acquisition, possession, or use of medical marijuana obtained from any other jurisdiction that authorizes the acquisition, possession, or use of medical marijuana;
(11) Restrict or prohibit a qualifying patient from another jurisdiction, to the extent authorized under the laws of that jurisdiction, from acquiring, possessing, or using medical marijuana obtained in this State or transporting medical marijuana obtained in this State to the patient's home jurisdiction;
(12) Except as otherwise provided in P.L.2009, c.307 (C.24:6I-1 et al.) and P.L. , c. (C. ) (pending before the Legislature as this bill), restrict the ability of qualifying patients or primary caregivers to obtain medical marijuana in any form from any alternative treatment center in this State;
(13) Restrict or prohibit qualified patients, primary caregivers, or designated growers from submitting samples of medical marijuana for testing at any alternative treatment center or licensed laboratory in this State;
(14) Restrict access to or use of non-flowering parts of the marijuana plant, including leaves, stems, stalks, and roots; or
(15) Prohibit delivery of medical marijuana to a qualifying patient by an alternative treatment center or designated grower, provided that delivery is consistent with the requirements for delivery of prescription medications under State or federal law.
d. Any rule or regulation or any portion of a rule or regulation that is in violation of subsection c. of this section shall be null and void. If any section, subsection, paragraph, or sentence of a rule or regulation is invalid pursuant to this subsection, the invalidity does not affect other provisions or applications of the rule or regulation which can be given effect without the invalid section, subsection, paragraph, or sentence, and to this end the provisions of the rule or regulation are severable.
(cf: P.L.2009, c.307, s.18)
29. This act shall take effect immediately.
STATEMENT
This bill would revise the provisions and requirements of the "New Jersey Compassionate Use Medical Marijuana Act," including permitting qualifying patients to grow and process their own medical marijuana, revising the eligibility criteria under the act, mandating standardized dosage and testing requirements, permitting patients to access medical marijuana in any quantity, form, strain, or potency recommended by the patient's physician as appropriate to the patient's treatment needs, providing additional legal protections under the act, and establishing certain requirements for regulations promulgated by the Department of Health (DOH).
Home Cultivation of Medical Marijuana
Under current law, qualifying patients may only obtain medical marijuana from a single designated alternative treatment facility. The bill would permit qualifying patients to grow and process their own medical marijuana. The qualifying patient would be required to notify the DOH of this choice and would be required to have valid written instructions issued by the patient's physician.
The qualifying patient would not be limited in the strain, potency, or form of medical marijuana produced, provided it is consistent with written instructions issued by the qualifying patient's physician. The qualifying patient would not be permitted to grow more than five marijuana plants at one time, not including any mother plants maintained by the patient. A mother plant is a mature marijuana plant that is kept in a permanent vegetative state for the purpose of obtaining cuttings that may be used to grow clone plants; mother plants do not produce consumable marijuana. The patient would be limited to one mother plant for each strain of medical marijuana the patient cultivates.
Qualifying patients who choose to grow and process their own medical marijuana would be permitted to identify a designated grower to produce some or all of the patient's medical marijuana. The bill would provide that a designated grower is not permitted to grow and process medical marijuana for more than three qualifying patients at one time, and would be required to maintain a sufficient supply of medical marijuana to meet the needs of each qualifying patient, including a separate mother plant for each strain of medical marijuana produced for each patient. A designated grower would also be permitted to serve as primary caregiver for up to one patient. The requirements concerning registration of a primary caregiver would apply to designated growers as well, including the requirement that the designated grower notify the department of any change in name or address. Designated growers would be included in the immunities from criminal, civil, and administrative penalties that currently apply to qualifying patients, primary caregivers, alternative treatment centers, and physicians.
Qualifying patients who register to grow and process their own medical marijuana would be permitted to continue to obtain medical marijuana from an alternative treatment center for up to six months. After this period ends, the qualifying patient would not be permitted to obtain consumable medical marijuana from an alternative treatment center unless the patient has been unable to produce medical marijuana suitable to the patient's needs and certifies this fact to the alternative treatment center. The alternative treatment center would be permitted to dispense up to a 60-day supply of medical marijuana to the qualifying patient and would be required to report each request to the DOH. If a qualifying patient makes three or more requests in a six-month period, the DOH would notify the patient of the options to designate a grower or to register to obtain medical marijuana from an alternative treatment center.
Qualifying patients would be permitted to switch between growing and processing their own medical marijuana and obtaining it from an alternative treatment center upon request to the DOH, which would then issue the patient a new registry identification card at a cost of no more than $2. A qualifying patient who switches from growing and processing the patient's own medical marijuana to obtaining medical marijuana from an alternative treatment center would be required to destroy all seeds, seedlings, cuttings, plants, and medical marijuana the patient possesses in connection with growing and processing the patient's own medical marijuana.
Qualifying patients and their primary caregivers would also be permitted to obtain medical marijuana in any form, as well as seeds, seedlings, and cuttings, from another jurisdiction, and to transport medical marijuana obtained in this State into another jurisdiction, provided that the other jurisdiction permits the use of medical marijuana and the qualifying patient or primary caregiver is authorized to obtain medical marijuana in both jurisdictions. Qualifying medical marijuana patients from other jurisdictions would also be permitted to access medical marijuana in accordance with State law if permitted under the laws of the qualifying patient's home jurisdiction.
Authorization for Medical Marijuana
The bill would revise the definition of "debilitating medical condition" to include post-traumatic stress disorder, Alzheimer's disease, Lyme disease, anorexia, hepatitis, nail patella, and any other condition if severe or chronic pain, severe nausea or vomiting, cachexia, or wasting syndrome results from the condition or treatment of the condition. The bill would also add Parkinson's disease to the list of debilitating medical conditions.
The bill would also revise the provisions concerning qualifying patients who are minors to provide that a pediatric specialist is required to authorize medical marijuana for a qualifying patient who is a minor. If the physician treating the minor patient for the patient's debilitating condition is a pediatric specialist, no additional approval is needed. Under current regulations, the approval of up to three practitioners may be necessary to authorize medical marijuana for a qualifying patient who is a minor. The bill would also allow both parents of a minor child who is a qualifying patient to serve as the child's primary caregiver, and would provide that a parent may concurrently serve as primary caregiver to any minor child of the parent who is a qualifying patient.
The bill would revise the provisions concerning a physician's written instructions authorizing medical marijuana to provide that the instructions must detail the quantity of medical marijuana authorized for the patient in the dosage form appropriate to the patient's condition. The bill would additionally permit a physician to authorize up to a 60-day supply of medical marijuana for the patient's use, which is an increase over the 30-day limit authorized under current law.
A physician would be permitted to issue multiple written instructions authorizing up to a 180-day supply of medical marijuana, provided each set of written instructions is for a legitimate medical purpose, each set of written instructions specifies the date on which the instructions become valid, and the issuance of multiple instructions does not present an undue risk of diversion or abuse. Under current law, the maximum amount of medical marijuana that can be authorized using multiple written instructions is a 90-day supply.
Written instructions would be valid for 60 days from the date of issuance or, in the case of multiple written instructions, the date the instructions become valid.
The bill would revise the provisions concerning issuance of a registry identification card to provide that the $50 registration fee applies only to qualifying patients, not to primary caregivers or designated growers. Additionally, a qualifying patient's registry identification card would not expire; a primary caregiver or designated grower's registry identification card would expire after two years.
Primary Caregivers and Alternative Treatment Centers
The bill would eliminate the requirement that primary caregivers undergo a criminal history background check during the application and renewal process.
The bill would revise the provisions concerning alternative treatment centers to provide that no limit may be imposed on the number of permits issued for alternative treatment centers. The permit fee would be no more than $5,000 per permit issued. The bill would provide that applications for alternative treatment center permits must be processed in the order in which they are received and that no applicant may receive preferential treatment in the application process. An application deemed incomplete would not be denied unless it is first returned to the applicant with an itemized description of every incomplete item on the application. The applicant would have at least 30 days to submit a corrected application before the application could be denied on the grounds of incompleteness.
Alternative treatment centers would not be limited in the potency of any type of medical marijuana cultivated or in the strains, quantities, or forms of medical marijuana that may be offered consistent with a physician's recommendations. The bill would also permit qualifying patients and their primary caregivers to obtain medical marijuana from any alternative treatment center, not just a single center designated by the qualifying patient at the time of registration as required under current law. The bill would remove the current restriction that permits edible forms of medical marijuana be distributed only to qualifying patients who are minors.
Testing Medical Marijuana
Commencing on the 60th day following enactment, alternative treatment centers would be required to test every batch of a medical marijuana product offered for consumption to determine the chemical composition and potency of the product per standard dosage unit. The testing could be performed at the alternative treatment center or at a licensed laboratory. The facility providing testing services would be required to produce a detailed report concerning the testing results, which the alternative treatment center would be required to make available to qualifying patients and primary caregivers upon request. Additionally, the alternative treatment center would be required to display information concerning the strain, chemical composition, and potency of the medical marijuana alongside the product and provide copies of this information to qualifying patients and primary caregivers.
Similarly, when a qualifying patient elects to grow and process the patient's own medical marijuana, the qualifying patient and the patient's primary caregiver and designated grower would be permitted to submit samples of the medical marijuana for testing to an alternative treatment center or a licensed laboratory to determine the chemical composition and potency. The facility providing the testing services would issue a written report detailing the test results and would be permitted to charge a reasonable fee. The facility would be permitted to require a person requesting testing services to present a valid registry identification card, but would not be permitted to require the requester to submit a sample larger than that needed for testing purposes or to disclose the source of the sample. The facility would be prohibited from disclosing the identity of anyone requesting testing services except as required for licensing and inspection purposes.
The bill would require that any laboratory providing testing services be licensed and subject to inspection by the DOH to determine the condition and calibration of any equipment used for testing purposes and to ensure testing is being performed in compliance with DOH regulations. There would be no limit on the number of laboratories that may be licensed to test medical marijuana. Licensed laboratories, and their staff and employees, would be immune from civil or criminal liability and any disciplinary action for performing testing services.
The bill would provide that, until such time as the department establishes licensing requirements and begins issuing licenses, or if there is no alternative treatment center or licensed laboratory within 30 miles of the qualifying patient's primary residence, medical marijuana may be tested at any laboratory that consents to provide testing services. The testing standards and limited liability provisions applicable to licensed laboratories would apply to any laboratory that provides testing services under these circumstances.
The bill would require that equipment used by an alternative treatment center or licensed laboratory for testing purposes be routinely inspected, calibrated, and maintained in accordance with national standards or, if national standards are not available, with the manufacturer's specifications, and that each facility maintain records of all inspection, calibration, and maintenance activities.
The DOH would establish standardized procedures and requirements for testing medical marijuana. At a minimum, all testing would include liquid chromatography analysis to determine chemical composition and potency of the medical marijuana, and screening for various contaminants. The DOH would also be required to establish standardized dosage units for each form of medical marijuana. Until such time as the DOH establishes these standards, alternative treatment centers and laboratories would be permitted to utilize the standardized dosage units and follow the testing standards established by any other state with a medical marijuana program.
Law Enforcement
The bill would provide that law enforcement officers and employees may not damage, destroy, or in any way alter medical marijuana possessed by a qualifying patient, primary caregiver, or designated grower, provided the quantity of marijuana does not exceed the maximum amount authorized for the patient. The bill additionally provides that the lawful possession, cultivation, transfer, transportation, distribution, and manufacture of medical marijuana will not result in forfeiture or seizure of any property.
The bill would require the Division of Criminal Justice, in consultation with the Department of Health, to develop and approve a training course and curriculum concerning the rights of qualifying patients, primary caregivers, designated growers, alternative treatment centers, laboratories, physicians, and any other person acting in accordance with the provisions of the medical marijuana law, including immunity from civil liability and criminal prosecution, and specialized training in determining whether a person is under the influence of marijuana for the purposes of a field sobriety test to determine whether a qualifying patient is guilty of operating a motor vehicle while under the influence of marijuana. The Attorney General would be required to ensure that all current law enforcement officers attend the training within 90 days of the date the training course and curriculum are approved, that all new law enforcement officers attend the training within 90 days of their date of appointment or transfer, and that all law enforcement officers attend an annual in-service training.
Other Protections
The bill would prohibit employers from taking any adverse employment action against an individual based on that individual's authorized use of medical marijuana unless the employer establishes by clear and convincing evidence that the use of medical marijuana has had or would have a significant detrimental impact on the individual's performance of a bona fide occupational qualification which is reasonably necessary to the normal operation of the particular business or enterprise. "Adverse employment action" would include refusing to hire or employ an individual; barring or discharging an individual from employment; requiring an individual to retire from employment; or discriminating against an individual in compensation or in the terms, conditions, or privileges of employment. An employer would not be permitted to discharge an employee based on the authorized use of medical marijuana unless the employer establishes by clear and convincing evidence that the employee could not have reasonably been transferred to another position which would not be impacted by the authorized use of medical marijuana.
The bill would provide that a blood or urine screening that detects the presence of marijuana in a qualifying, registered patient's system would not be sufficient to prove the patient violated the prohibition against operating a motor vehicle while under the influence of marijuana; proof of a violation could only be established by a field sobriety test performed by law enforcement officer who has completed the required training courses established by the Division of Criminal Justice pursuant to the bill.
The bill would provide that medical marijuana must be considered the same as any other medication used at the direction of a physician, and that a patient may not be disqualified from receiving any medical care, including an organ transplant, based on the authorized use of medical marijuana.
The bill would prohibit local government units from enacting and enforcing any ordinance or other local law or regulation conflicting with the New Jersey Compassionate Use Medical Marijuana Act. The bill would prohibit imposing any tax on medical marijuana.
Limits on DOH Regulations
The bill would establish certain limits on the rules and regulations the DOH would be permitted to promulgate in connection with medical marijuana. Specifically, the DOH would not be permitted to establish a rule or regulation:
· Limiting the number of alternative treatment centers, licensed laboratories, primary caregivers, or designated growers authorized under the act;
· Restricting alternative treatment centers or designated growers to specific geographical regions of the State or restricting the number of alternative treatment centers or designated growers in any geographic region;
· Establishing unduly burdensome requirements for approving permits to operate alternative treatment centers, issuing registry identification cards, or licensing laboratories to test medical marijuana;
· Limiting the quantity of medical marijuana an alternative treatment center may possess, provided that the quantity is consistent with reasonably expected patient demand;
· Establishing fees that are not expressly authorized by statute;
· Restricting the types of licensed physicians who may authorize, or requiring physicians to register with the State as a condition of authorizing, medical marijuana for a qualifying patient;
· Restricting the acquisition, possession, production, or use of medical marijuana in any form, strain, quantity, or potency recommended by a qualifying patient's physician;
· Establishing additional requirements for authorizing medical marijuana that are not expressly required by statute;
· Restricting the acquisition, possession, or use of medical marijuana obtained from a medical marijuana program authorized under the laws of any other jurisdiction;
· Restricting or prohibiting a qualifying patient from another jurisdiction, to the extent authorized under the laws of that jurisdiction, from acquiring, possessing, or using medical marijuana obtained in this State, or transporting medical marijuana obtained in this State to the patient's home jurisdiction;
· Restricting the ability of qualifying patients or primary caregivers to obtain medical marijuana in any form from any alternative treatment center in this State except as otherwise provided by statute;
· Restricting or prohibiting qualified patients, primary caregivers, or designated growers from submitting samples of medical marijuana for testing at any alternative treatment center or licensed laboratory in this State;
· Restricting access to or use of non-flowering parts of the marijuana plant, including leaves, stems, stalks, and roots; or
· Prohibiting delivery of medical marijuana to a qualifying patient.
Any rule or regulation or any portion of a rule or regulation that violates these requirements would be null and void. If the invalidity does not affect other provisions or applications of the rule or regulation that can still be given effect, the provisions would be severable.
The bill would also revise the DOH's biennial reporting requirement to include additional information based on changes to current law made by the bill.
