Today the NJ Department of Health is releasing the Rule Adoption notice for N.J.A.C. 8:64 that will appear in the May 20 New Jersey Register. This rule contains readoptions, amendments and repeals largely in line with what was proposed last summer. The rule adoption is attached, and please refer to the Register on May 20th for the final version.
The rule codifies the following changes that are already in effect:
- Reducing the registration fee for qualifying patients and their caregivers from $200 to $100
- Adding seniors and military veterans to those eligible for the reduced registration fee of $20
- Authorizing qualifying patients to designate up to two primary caregivers instead of just one
- Reflecting the addition of seven “debilitating medical conditions” including PTSD, by statutory enactment; and six new conditions (anxiety, chronic pain of visceral origin, chronic pain related to musculoskeletal disorders, migraines, Tourette syndrome, and Opioid Use Disorder), by the State Health Commissioner’s March 22, 2018, petition decision, and January 23, 2019 revision
- Allowing physicians to opt out of inclusion on a public list of participating physicians
- Elevating the Medicinal Marijuana Program to division status within the Department of Health
- Expands the forms of medical marijuana available in New Jersey to include oil-based formulations, like vape cartridges
Additionally, the rule includes the following changes that will go into effect upon publication:
- Creating a separate permitting system for cultivation, manufacturing, and dispensing marijuana for medical purposes, which would increase the available supply of, and patient access to, usable marijuana and allow for specialization in the market
- Streamlining the process to petition for the addition of “debilitating medical conditions” by removing the requirement that petitions first be referred to the Medicinal Marijuana Review Panel
- Emphasizing the advisory role of the Medicinal Marijuana Review Panel to include the provision of guidance and recommendations to the State Health Commissioner regarding the medical use of marijuana
- Removing the requirement of psychiatric evaluation as a condition of physician certification of minors as qualifying patients
I do want to call your attention to one specific change between the proposal and adoption so as to not spur confusion. The Department received comments critical of the proposed rule at N.J.A.C. 8:64-7.9, regarding satellite locations. Because of these criticisms, the Department is not adopting the proposed rule for satellite locations (see the attached Rule Adoption for more detail).
That does not mean we are not allowing for satellite locations. Consistent with the EO6 Report, the Department will still consider applications for satellite locations, but they will continue to be done under the waiver authority at N.J.A.C. 8:64-7.11. Instead of adopting the language as proposed, the Department is in the process of developing additional rule-making on satellites that will present a more consistent approach and better elucidate the relationship of satellites to endorsements. We intend to circulate something in concept to you all very soon, and get your feedback in advance of the formal rulemaking process.
If you have any questions at all about the Rule Adoption, please don’t hesitate to ask.