New Jersey Medical Marijuana Laws

new-jersey-logo New Jersey became the 14th state to allow medical marijuana when the New Jersey Compassionate Use Medical Marijuana Act (N.J.S.A. 24:6I-1 et seq.) was passed by the state legislature on January 11, 2010 and was signed into law by Governor Jon Corzine on January 18, 2010. Implementation of the Compassionate Use Medical Marijuana Act was stalled slightly when New Jersey Governor Chris Christie, a staunch anti-marijuana advocate, took office on January 19, 2010.New Jersey’s medical marijuana patient registry finally opened on August 09, 2012 and allowed registered physicians to initiate patient certification with the Medical Marijuana Program. Qualified patients can possess up to 2 ounces of medical marijuana within a 30 day period.New Jersey’s first Alternative Treatment Center, Greenleaf Compassion Center, began dispensing medical marijuana to qualified patients on December 06, 2012.

Under the New Jersey Compassionate Use Medical Marijuana Act, medical marijuana must be ordered by a registered physician from one of the Alternative Treatment Centers approved by the New Jersey Department of Health.New Jersey medical marijuana patients cannot grow their own marijuana plants. In order for a physician to register with the Medical Marijuana Program, they must hold an active New Jersey license that is in good standing, possess an active controlled dangerous substances registration that is not subject to limitation, and practice within the State of New Jersey.

TABLE OF CONTENTS

NEW JERSEY MEDICAL MARIJUANA STATISTICS AND FACTS

  • For fiscal year 2016, the total budget for New Jersey’s Medical Marijuana Program was $2,046,730.
  • In 2015, total revenue generated from issuing patient and caregiver ID cards and Alternative Treatment Center permits was $243,093.
  • Approximately 48% of registered patients and caregivers qualified for and received the reducedapplication fee ($20 for patients on government assistance) in 2015.
  • As of 2015, there were 362 active registered physicians in New Jersey’s Medical Marijuana Program.
  • In December 2015, New Jersey’s 5 Alternative Treatment Centers conducted a total of 2,483 transactions.
  • New Jersey medical marijuana caregivers can only have one qualifying patient at a time.
  • The price of medicinal marijuana dispensed by New Jersey’sAlternative Treatment Centers ranges from $425 to $520 per ounce, with an average price of $489.

THE MEDICAL MARIJUANA PROGRAM

The New Jersey Compassionate Use Medical Marijuana Act required the Department of Health to create the Medical Marijuana Program to register medical marijuana physicians, patients, and caregivers, and to issue permits to Alternative Treatment Centers. Participation in the Medical Marijuana Program is mandatory to receive the protections afforded by the Compassionate Use Medical Marijuana Act. Participants can register for the Medical Marijuana Program online at http://nj.gov/health/medicalmarijuana.

HOW TO QUALIFY FOR MEDICAL MARIJUANA IN NEW JERSEY

  • You must have and maintain a bona fide physician-patient relationship with a physician who is registered with the Medical Marijuana Program. A bona fide physician-patient relationship is defined as a relationship in which the physician has ongoing responsibility for the assessment, care, and treatment of a patient’s debilitating medical condition whereby:
    • The physician-patient relationship has existed for at least one year; or
    • The physician has seen and/or assessed the patient for the debilitating medical condition on at least four visits; or
    • The physician assumes responsibility for providing management and care of the patient’s debilitating medical condition after conducting a comprehensive medical history and physical examination, including a personal review of the patient’s medical record maintained by other treating physicians reflecting the patient’s reaction and response to conventional medical therapies.
  • Your physician must have certified that you have an approved debilitating medical condition. Approved debilitating medical conditions include:
    • Amyotrophic lateral sclerosis
    • Multiple sclerosis
    • Terminal cancer
    • Muscular dystrophy
    • Inflammatory bowel disease, including Crohn’s disease
    • Post-Traumatic Stress Disorder (PTSD)
    • Terminal illness, if the physician has determined a prognosis of less than 12 months of life
    • The following conditions apply, if resistant to, or if the patient is intolerant to, conventional therapy:
      - Seizure disorder, including epilepsy
      - Intractable skeletal muscular spasticity
      - Glaucoma
    • The following conditions apply, if severe or chronic pain, severe nausea or vomiting, cachexia or wasting syndrome results from the condition or treatment thereof:
      - Positive status for human immunodeficiency virus
      - Acquired immune deficiency syndrome
      - Cancer

HOW TO APPLY FOR A MEDICAL MARIJUANA ID CARD IN NEW JERSEY

  • A registered physician must complete and submit their patient’s Attending Physician Statement to the Medical Marijuana Program, which will return a Patient Reference Number and Patient Registry ID to the physician. The physician can then register their patient electronically at https://njmmp.nj.gov.
  • Once the patient has their Patient Reference Number and a copy of their Attending Physician Statement, they will go to https://njmmp.nj.gov and follow the instructions to register online.
  • Participants in the Medical Marijuana Program are required to choose their Alternative Treatment Center at the time of registration, but are allowed to switch ATCs at any time and at no cost.
  • The following documents are required to register online with New Jersey’s Medical Marijuana Program:
    • The reference number that was provided to you by your registered physician (this number may be found on your copy of the attending physician statement)
    • An email address (Customer Service provides all patients up to date with information through email)
    • A scanned passport-style photograph of you against a white solid background (no glasses or hats are permissible, the photo must be a JPEG, and the face must take up 70% of the photo’s space)
    • A scanned copy of a government issued photo ID, which can be:
      - A current New Jersey digital license
      - A current New Jersey digital non-driver ID card
      - A New Jersey County ID Card
    • Scanned proof of New Jersey residency (P.O. Boxes are not accepted), which can be:
      - A utility bill issued in the past 90 days that shows your name at your current address (acceptable utility bills include gas, electric, water, sewer, phone, cell phone, cable, television, and internet)
      - Any correspondence from the IRS or the New Jersey State Tax Office within the last year
    • Proof of government assistance (if applicable), which can be one of the following:
      - Proof of participation in the New Jersey Medicaid Program
      - Proof of participation in the Food Stamp/SNAP Program
      - Proof of New Jersey Temporary Disability Insurance benefits
      - Proof of Supplemental Security Income (SSI) benefits
      - Proof of Social Security Disability (SSD) benefits
  • The registration fee for a Medical Marijuana Program ID Card is $200 (which is reduced to $20 with proof of government assistance) for both patients and caregivers
  • A minor patient may qualify for the reduced $20 registration fee under their legal guardian/caregiver’s government assistance eligibility
  • To sign up as a caregiver, you must additionally make an appointment to get fingerprinted for a criminal background check
  • The Medical Marijuana Program ID Card registration is valid for 2 years

CONTACT THE MEDICAL MARIJUANA PROGRAM

New Jersey Department of Health Medical Marijuana Program
Telephone:(609) 292-0424
Website: http://www.nj.gov/health/medicalmarijuana
Customer Service Unite Email: medical.marijuana@doh.nj.gov
Online Contact Form: http://nj.gov/health/medicalmarijuana/contact.shtml

MEDICAL MARIJUANA DISPENSARIES IN NEW JERSEY

The New Jersey Compassionate Use Medical Marijuana Act requiredthe Department of Health to create the Medical Marijuana Program, which licenses and regulates medical marijuana dispensaries, known as Alternative Treatment Centers (ATCs), for the cultivation and distribution of medical marijuana and related paraphernalia. The Act does not limit the number of ATCs that can be licensed in New Jersey, but suggests at least two in each region of the state—north, central, and south.The original 6 ATCs are required to be registered as non-profits, but are not required to register as 501(c)(3) organizations. The Act states that once the original 6 non-profit ATCs are open, for-profit ATCs will be allowed. Before issuing an operating permit, the Department of Health requires that ATCs provide written verification from the local government body in which the ATC will be located and evidence of compliance with local codes and ordinances.

Alternative Treatment Centers were originally limited in the number of strains that were allowed to be cultivated, but amendments to the New Jersey Compassionate Use Medical Marijuana Act removed such constraints and there are currently 68 available marijuana strains in cultivation. The Medical Marijuana Program has developed the Medicinal Marijuana Strain Library, which is available to registered patients and physicians and contains laboratory testing results of available strains cultivated by the ATCs. ATCs are not permitted to utilize pesticides and the Department of Health tests for toxic metals and mycotoxins.

CURRENTLY PERMITTED ALTERNATIVE TREATMENT CENTERS

Compassionate Care Foundation, Inc. (Operational)
100 Century Drive
Egg Harbor Twp., NJ
(609) 277-7547

Greenleaf Compassion Center (Operational)
395 Bloomfield Ave
Montclair, NJ 07042
(973) 337-5670

Garden State Dispensary (Operational)
950 U.S. Highway 1 North
Woodbridge, NJ 07095
(848) 999-2005

Breakwater Alternative Treatment Center (Operational)
2 Corporate Drive
Cranbury, NJ 08512
(732) 703-7300

Compassionate Sciences, Inc. (Operational)
111 Coolidge Avenue
Bellmawr, NJ 08031
(856) 933-8700

Foundation Harmony (Operations Pending)
Location Pending
(201) 840-5800

At this time, the state is not accepting applications to open additional Alternative Treatment Centers. On January 17, 2011, the Department of Health released a Request for Applications soliciting parties interested in establishing ATCs. On March 21, 2011, the Department of Health announced the selection of six ATC applicants to move forward in the permitting process. Once the initial six ATCs are open, the state will evaluate the program and determine whether or not there is a need for expansion. If there is a determination made to add more ATCs, the Department of Health will publicize the expansion and provide the criteria and process for application.

CULTIVATION AND POSSESSION OF MEDICAL MARIJUANA IN NEW JERSEY

Under the New Jersey Compassionate Use Medical Marijuana Act, a physician is permitted to certify no more than 2 ounces of medicinal marijuana in a 30-day period and may certify a patient for up to 90 days before a patient is required to seek reevaluation. Medicinal marijuana is certified and dispensed in increments of one eighth and one quarter of an ounce by Alternative Treatment Centers. If a physician does not specify an allowed 30-day amount, the program defaults the patient to the 2 ounce maximum. New Jersey law does not allow medical marijuana patients to grown their own marijuana plants.

The New Jersey Department of Health has provided the following guidelines for medical marijuana patients and caregivers:

  • Patients and caregivers should always carry proper identification, including Medical Marijuana Program cards, at all times
  • Medicinal marijuana should always be maintained in its original labeled packaging
  • Patients should keep medicinal marijuana at their residence and only transport it when absolutely necessary
  • If transporting or possessing medicinal marijuana outside their residence, patients and caregivers should keep the amount in their possession to a minimum
  • Patients and caregivers may not grow or cultivate marijuana, or be in possession of a marijuana plant
  • Patients and caregivers may not possess marijuana obtained from a source other than a New Jersey Alternative Treatment Center
  • Patients and caregivers are not allowed to share or re-distribute medicinal marijuana to any other person
  • Patients may not operate a motorized vehicle (of any sort), aircraft, railroad train, stationary heavy equipment or a vessel while under the influence of medicinal marijuana
  • Patients and caregivers may not take medicinal marijuana across state lines
  • Patients may not smoke medicinal marijuana:
    • on a school bus
    • on public transportation
    • in a private vehicle while in motion
    • on any school grounds
    • at any correctional facility
    • at any public park, beach, recreation center, or other place where smoking is prohibited

THE NEW JERSEY COMPASSIONATE USE MEDICAL MARIJUANA ACT

The New Jersey Compassionate Use Medical Marijuana Act (N.J.S.A. 24:6I-1 et seq.) was passed by the state legislature and signed by the governor in January of 2010. It allows New Jersey physicians registered with the state’s Medical Marijuana Program to recommend that qualified patients consume up to 2 ounces of medical marijuana within a 30 day period. A physician’s recommendation must be reevaluated every 30 to 90 days, depending on the physician’s selected timeframe for the medical marijuana recommendation. Some medical marijuana advocates blame the constant reevaluation requirement for the Medical Marijuana Program’s relatively low participation rate (as of March 2016, only 6,960 patients and 631 caregivers had registered with the program).

Read the Full Text of the New Jersey Compassionate Use Medical Marijuana Act

NEW JERSEY RECREATIONAL MARIJUANA LAWS

The following information is for the non-medical/recreational use of marijuana. Refer to NEW JERSEY MEDICAL MARIJUANA LAWS for information about medical marijuana laws in New Jersey.

New Jersey does not currently have any recreational medical marijuana laws.

PENALTIES AND FINES

Offense Penalty Incarceration Max. Fine
Possession
Personal Use
50 g or less Disorderly Persons Offense 6 months $ 1,000
More than 50 g 4th Degree Crime 1.5 years $ 25,000
Possession within 1,000 feet of a school adds 100 hours of community service and an increased fine. A marijuana possession conviction can cause a driver’s license suspension for up to 24 months.
Sale
Less than 1 oz 4th Degree Crime 18 months $ 25,000
1 oz - less than 5 lbs 3rd Degree Crime 3* - 5 years $ 25,000
5 - less than 25 lbs 2nd Degree Crime 5* - 10 years $ 150,000
25 lbs or more 1st Degree Crime 10* - 20 years $ 300,000
Within 1000 feet of a school or school bus 3rd Degree Crime 3* - 5 years $ 150,000
* Mandatory minimum sentence Fines and sentences are doubled for sales to a minor or pregnant woman.
Cultivation
Less than 10 plants 3rd Degree Crime 3*-5 years $ 25,000
10 - 49 plants 2nd Degree Crime 5*-10 years $ 150,000
50 or more plants 1st Degree Crime 10*-20 years $ 300,000
* Mandatory minimum sentence
Hash & Concentrates
Possession of 5 g or less Disorderly Persons Offense 6 months $ 1,000
Possession of more than 5 g 4th Degree Crime 6 months $ 25,000
Manufacturing, distributing, dispensing, or possessing with intent of less than 5 g 4th Degree Crime 18 months $ 10,000
Manufacturing, distributing, dispensing, or possessing with intent of 5 g - less than 1 lb 3rd Degree Crime 3* - 5 years $ 25,000
Manufacturing, distributing, dispensing, or possessing with intent of 1 lb - less than 5 lbs 2nd Degree Crime 5* - 10 years $ 150,000
Manufacturing, distributing, dispensing, or possessing with intent of 5 lbs or more 1st Degree Crime 10* - 20 years $ 300,000
Within 1,000 feet of a school or school bus 3rd Degree Crime 3* - 5 years $ 150,000
* Mandatory minimum sentence
Paraphernalia
Possession or use of paraphernalia Disorderly Persons Offense 6 months $ 1,000
Sale of paraphernalia 4th Degree Crime 18 months $ 10,000
Miscellaneous
Being under the influence of marijuana or hashish is a misdemeanor punishable by up to 6 months in jail and a $1,000 fine.

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