Last week we saw major developments on both a state and federal level regarding medical marijuana legalization. The New Jersey State Assembly Health Committee passed a measure that would significantly relax the historically strict regulations governing the New Jersey Compassionate Use Act, while President Trump signed the budget that continues to provide protection to those involved in the medical marijuana industry from federal prosecution under the Controlled Substance Act.
New Jersey Governor Murphy, upon taking office in January, ordered a 60 day audit of the state medical marijuana program. New Jersey's law has been widely known as restrictive in its application. The law limits the number of conditions that one can qualify for the drug to a small list of illnesses while at the same time limits the number of dispensaries throughout the state to a total of six.
Another aspect of the law required that doctors certified to prescribe it be identified on the state's medical marijuana website. Since many doctors do not want to be on a list of "marijuana doctors," this requirement has kept the number of doctors certified to prescribe medical marijuana relatively low.
These regulations combined with the $200 application fee have suppressed participation with only 18,220 patients currently enrolled in a state of nine million.
Governor Murphy announced this morning significant changes to the law making access easier. Some of the more significant changes that take effect immediately are:
1. Expanded list of ailments one can qualify for to include, Chronic Pain Related to Musculoskeletal Disorders, Migraine, Anxiety, Chronic Pain of Visceral Origin, and Tourette's Syndrome;
2. Reduced the registration fee from $200 to $100 for initial applications and renewals.
Other changes that they are seeking to make in the future are:
3. Eliminate the online physician registry which should increase the number of doctors;
4. Increase the number of dispensaries throughout the state;
5. Streamlining of the petition process for patients with disabling disabilities, which are not on the approved list;
6. Increase access to edibles;
7. Allow for patients to register at more than one dispensary;
8. Increase the amount per month one can receive from two ounces to four ounces.
Comment: These changes significantly reduce the barriers to access for patients. As a result, employers and carriers should anticipate an increase in employees and patients using the drug legally. Carriers and employers will want to craft policies and procedures that will address the issue.
If you have questions or concerns regarding these issues and would like to discuss please contact John C. Kutner, at jkutner@wglaw.com or 973.854.1077.