State’s Medical Marijuana Program Would Be Expanded

Vitale-Scutari Bill Gains Committee Approvals

TRENTON – The state’s medical marijuana program would be greatly expanded to allow its use for a more extensive list of diagnosed conditions, increase the number of dispensaries, expand the list of professionals who can authorize patients for the medical use of cannabis, increase access to  caregivers, increase the amount of medical cannabis that patients could obtain and phase-out the tax on cannabis used for medicinal purposes, under terms of legislation that was approved by multiple committees today.

Sponsored by Senator Joseph Vitale, the chairman of the Senate Health, Human Services and Senior Citizens Committee, and Senator Nicholas Scutari, the Chairman of the Senate Judiciary Committee, the bill would transform what was one of the more restrictive medical marijuana programs in the country into one that is accessible, affordable and that better serves the needs of patients.

“This is a medical marijuana program that removes barriers to access for patients, gives doctors and other caregivers the ability to make use of the medicinal qualities of cannabis and lowers the costs of these important products,” said Senator Vitale (D-Middlesex). “Health care providers should be able to offer their patients the use of marijuana for treatment without unreasonable restrictions. This will make it easier and faster for patients to make use of a proven and effective way of treating a wide range of conditions.”

The bill allows any physician, and other health care providers, to prescribe cannabis for any diagnosed condition, not just those already prescribed by law or state policy. It would also expand access to designated caregivers, including those in hospitals or nursing homes, substantially increase the amount patients could obtain, allow terminally ill patients unlimited amounts and provide new legal protections for participants. The bill would allow physician assistants and advanced practice nurses to authorize patients for medical cannabis.

“Cannabis has been used for medicinal purposes for more than 3,000 years and there is a growing body of scientific research documenting its safety and effectiveness,” Senator Scutari said (D-Union). “New Jersey has had a program in place since 2010 but it has been far too restrictive. This will allow the program to operate with the right amount of oversight at the same time its access is increased.”

The bill would change the qualifying criteria from “debilitating medical condition” to “qualifying medical condition,” revise the list of conditions and provide that medical cannabis may be used as a treatment of “first resort.”

The expanded list includes: seizure disorder, including epilepsy; intractable skeletal muscular spasticity; post-traumatic stress disorder; glaucoma; positive status for human immunodeficiency virus; acquired immune deficiency syndrome; cancer; amyotrophic lateral sclerosis; multiple sclerosis; muscular dystrophy; inflammatory bowel disease, including Crohn’s disease; anxiety; migraine; Tourette’s syndrome; dysmenorrhea; chronic pain; or any other medical condition or its treatment that is later approved by the CRC.

The reforms would allow patients to qualify for the program without exhausting other treatment options first and permit them to shop at any dispensary, instead of being limited to just one site. And it would exempt those expected to live  a year or less  from the current 30-day supply limit and would allow all patients to obtain different forms of the drug, including edible options, which are currently limited to minors.

The legislation, a committee substitute for S-10/S-2426, was approved by the Senate Health, Human Services and Senior Citizens Committee with a vote of 7-1, and by the Senate Budget and Appropriations Committee vote of 12-1.

(See attached outline.)