Medical marijuana has been legal in some form in New Jersey since 2010 when the New Jersey Compassionate Use Medical Marijuana Act (CUMMA) was passed, but it wasn’t until 2012 that patients could actually access medical marijuana through Alternative Treatment Centers (i.e., dispensaries). The state’s medical cannabis program has undergone some changes over the years, but when The Jake Honig Compassionate Use Medical Cannabis Act (“the Act”) was signed into law in July 2019, the program saw important changes that would position the industry for more significant growth in the future.
Today, more than 54,000 New Jersey citizens are registered medical marijuana patients. With the passing of the new law in July, that number will likely grow quickly as more people will qualify for medical marijuana, more doctors will be willing to prescribe it, and more patients will have access to buy it through a larger number of dispensaries.
In other words, there are many opportunities for entrepreneurs and employees to join the growing cannabis market in New Jersey. Following is an introduction to the laws governing the state’s medical marijuana program as of 9/10/19, so you can learn and join the industry with confidence.
Commercial Grower (Cultivator) Licensing Regulations
Prior to the passing of The Jake Honig Compassionate Use Medical Cannabis Act, only six cannabis cultivator licenses had been granted. The previous law required vertical integration from cultivation to manufacturing and dispensing (seed-to-sale), which means those six licensed businesses (referred to as Alternative Treatment Centers) were responsible for growing, processing, and dispensing all of the state’s medical marijuana to qualifying patients.
The Act removed vertical integration requirements, so separate licenses will be awarded to cultivators, manufacturers, and dispensaries in the future. It also expanded the number of cultivation permits to 28. The Cannabis Regulatory Commission can review that number in 18 months and determine if new limits on permits need to be established.
See “Dispensary Licensing Regulations” for license fee information.
Dispensary Licensing Regulations
The New Jersey Department of Health announced in June 2019 that it would license up to 108 additional medical marijuana facilities in the coming months, and approximately half of those licenses will go to dispensaries with the remaining licenses split between cultivators and manufacturers.
The Alternative Treatment Center application fee under the vertically integrated licensing structure was $2,000, and the licensing fee was $18,000 with a $20,000 annual renewal fee. These fees will likely change when new license applications are accepted for individual dispensaries, cultivators, and manufacturers.
Delivery Licensing Regulations
Delivery licenses are not available in New Jersey. However, the Act authorized the adoption of regulations to enable licensed dispensaries to deliver medical marijuana to patients. That means it’s likely that delivery will be coming in the future to improve patient access.
Patient Medical Marijuana Card Qualifications
With the passing of the Act in July 2019, the rules for patients participating in New Jersey’s medical marijuana program changed. To become a registered patient in the program, New Jersey citizens must have a recommendation from an authorized physician, physician assistant, or advanced practice nurse for a qualifying condition, including:
- Amyotrophic lateral sclerosis
- Anxiety
- Cancer
- Chronic Pain
- Dysmenorrhea
- Glaucoma
- Inflammatory bowel disease, including Crohn’s disease
- Intractable skeletal spasticity
- Migraine
- Multiple sclerosis
- Muscular dystrophy
- Opioid Use Disorder
- Positive status for Human Immunodeficiency Virus (HIV) and Acquired Deficiency Syndrome (AIDS)
- Post-Traumatic Stress Disorder (PTSD)
- Seizure disorder, including epilepsy
- Terminal illness with prognosis of less than 12 months to live
- Tourette Syndrome
Authorizations are good for one year (up from 90-days prior to the passing of the Act). The registration fee is $100, and registration must be renewed annually. At the time of registration in the New Jersey Medicinal Marijuana Program, patients must designate their caregiver (up to two if applicable) and the Alternative Treatment Center that they’ll purchase marijuana from.
Possession Regulations
Possession regulations also changed when the Act passed. The monthly possession limit increased from two ounces in a 30-day period to three ounces for 18 months. After 18 months, the possession limit will be determined by regulation. Terminally ill patients and hospice care patients are not subject to monthly possession limits.
Edibles are also legal for both adults and minors under the new law, and reciprocity is now allowed with other states’ medical marijuana programs. That means patients who are registered medical marijuana patients in other states can be considered as qualifying patients in New Jersey as well but only for a period of up to six months. During those six months, the patient can possess medical marijuana and obtain it from a New Jersey dispensary if they get authorization from a New Jersey health care practitioner for a qualifying condition.
Self-Cultivation Regulations
Self-cultivation and home growing are not allowed in New Jersey.
Caregiver Regulations
New Jersey registered medical marijuana patients can designate up to two caregivers who may pick up a patient’s medical marijuana from the patient’s registered Alternative Treatment Center. Each caregiver must be included in the patient’s application at the time of registration (i.e., the patient must initiate the caregiver’s registration in the New Jersey Medicinal Marijuana Program), and caregivers must go through the same registration process as patients.
The caregiver registration fee is $100 plus the fee for a background check, and the registration must be renewed annually. Caregivers must be 18 years of age or older and New Jersey residents. In addition, a caregiver may not be the patient’s physician.
How to Learn More about New Jersey Medical Marijuana Laws
It’s important to understand that The Jake Honig Compassionate Use Medical Cannabis Act was passed less than two months prior to this article’s writing, and processes to implement the new regulations are still being put in place. In addition, local municipalities my implement stricter regulations, so be sure to educate yourself about the most current state laws and local rules for cannabis businesses before you enter the industry or choose a specific location to operate from.
To learn more about the regulations and nuances in the New Jersey medical marijuana industry so you can work and operate there with confidence and avoid making mistakes that could cost you hefty fines, penalties, and your license, register for one of Leafy Green Agency’s upcoming New Jersey certification seminars.