DPA- New Jersey: Important Updates re NJ's Medical Marijuana Program

The Drug Policy Alliance is one of the nation's strongest reform groups and the DPA New Jersey office has been instrumental in the medical marijuana effort. DPA-NJ issued this concise email today looking at recent developments for the medical cannabis law.

Dear Compassionate Use Campaign Supporters,

Please be advised of the following important updates:

1) REMINDER: The Department of Health and Seniors Services (DHSS) issued a Request for Applications (RFA) to operate and Alternative Treatment Center on Jan. 17^th and applications are due next Monday, Feb. 14^th. DHSS updated the RFA on Feb. 3^rd and the new RFA can be downloaded on the state’s Medicinal Marijuana Program’s website at: http://www.state.nj.us/health/med_marijuana.shtml

a. Please note the most substantive change to the RFA is regarding “Criterion 4: Dispensary specific considerations, Measure 5” (see text below concerning Medical Advisory Board)

i. The applicant shall submit a description of its Medical Advisory Board, including by-laws, setting forth the names and expertise of its members and describing how it will function within the organizational structure of the ATC, consistent with the Rules Related to the Medicinal Marijuana Program. For purposes of this requirement, it is not necessary for the applicant to provide the name of the Medical Advisory Board member who is a registered qualifying patient.

b. DHSS has posted new information on their website including a Frequently Asked Questions section for Alternative Treatment Center applicants, which can be accessed at: http://www.state.nj.us/health/med_marijuana.shtml. It’s important to frequently monitor this site on your own as the state is using this avenue as a means of communicating with the public and announcing updates and/or changes to the program and corresponding documents.

2) DHSS also updated the proposed medical marijuana regulations on Feb. 3^rd and the new rules can be downloaded on the state’s Medicinal Marijuana Program’s website at: http://www.state.nj.us/health/med_marijuana.shtml

a. Please note, the proposed new rules differ from the rules published in the NJ Register back in Nov. by providing for 6 alternative treatment centers (ATCs) that cultivate and dispense medicinal marijuana, combining the separate application processes for cultivating and dispensing permits into one application for an ATC permit, prohibiting ATC satellite dispensing locations, prohibiting home delivery, and only requiring that the medical conditions originally named in the Compassionate Use Act be resistant to conventional medical therapy in order to qualify as debilitating medical conditions for purposes of a patient obtaining a registry identification card. In addition, the proposed new rules establish a definition for the term, “medical advisory board” to further define this requirement (see definition below).

i. “Medical advisory board” means a five member panel appointed by the ATC for the purpose of providing advice to the ATC on all aspects of its business. The medical advisory board shall:

1. Be comprised of three New Jersey licensed health care professionals, at least one of whom shall be a physician; one patient registered with the ATC; and, one business owner from the same region as the ATC.

i. No ATC owners, employees, officers, or board members shall serve on the medical advisory board.

2. Meet at least two times per calendar year.

3) The Department of Health and Senior Services (the entity responsible for drafting the medical marijuana regulations) has scheduled a public hearing on the proposed new rules which will be held between 10:00 A.M. and 12:00 P.M. on Monday, March 7, 2011 at the following address:

New Jersey Department of Health and Senior Services

First Floor Auditorium

Health and Agriculture Building

369 South Warren Street (at Market Street )

Trenton, New Jersey 08608

Please let me know if you are available on March 7^th and planning to testify before the department. Many of you have previously mailed in written comments to the department, but orally presenting your feedback on the rules would be most beneficial.

As always, I will keep you updated as things progress. Thanks for all that you do!

Best,

Meagan

Meagan Glaser | Policy Coordinator, New Jersey

Drug Policy Alliance

16 West Front Street , Suite 101A | Trenton , NJ 08608

Voice: 609.396.8613 | Fax: 609.396.9478

www.drugpolicy.org

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