Bill Text: NJ ACR224 | 2014-2015 | Regular Session | Introduced
Bill Title: Determines that certain medical marijuana program regulations are inconsistent with legislative intent.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Engrossed - Dead) 2015-05-07 - Received in the Senate, Referred to Senate Health, Human Services and Senior Citizens Committee [ACR224 Detail]
Download: New_Jersey-2014-ACR224-Introduced.html
ASSEMBLY CONCURRENT RESOLUTION No. 224
STATE OF NEW JERSEY
216th LEGISLATURE
INTRODUCED MARCH 9, 2015
Sponsored by:
Assemblyman REED GUSCIORA
District 15 (Hunterdon and Mercer)
Assemblyman TIM EUSTACE
District 38 (Bergen and Passaic)
Assemblywoman CLEOPATRA G. TUCKER
District 28 (Essex)
SYNOPSIS
Determines that certain medical marijuana program regulations are inconsistent with legislative intent.
CURRENT VERSION OF TEXT
As introduced.
A Concurrent Resolution concerning legislative review of Department of Health regulations implementing the "New Jersey Compassionate Use Medical Marijuana Act" pursuant to Article V, Section IV, paragraph 6 of the Constitution of the State of New Jersey.
Whereas, Pursuant to Article V, Section IV, paragraph 6 of the Constitution of the State of New Jersey, the Legislature may review any rule or regulation adopted or proposed by an administrative agency to determine if the rule or regulation is consistent with the intent of the Legislature as expressed in the language of the statute which the rule or regulation is intended to implement; and
Whereas, In 2010, the Legislature enacted the "New Jersey Compassionate Use Medical Marijuana Act," P.L.2009, c.307 (C.24:6I-1 et al.); and
Whereas, Effective December 19, 2011, the Department of Health (DOH) promulgated the Medicinal Marijuana Program Rules, codified at N.J.A.C.8:64-1.1 et seq.; and
Whereas, Under N.J.A.C.8:64-2.4 physicians are required to register with the Department of Health before they may authorize medical marijuana for qualified patients. Because this list is made available to the general public, many physicians have expressed reluctance to register, resulting in a shortage of physicians able to authorize medical marijuana and unnecessarily restricting patient access to the medication; and
Whereas, N.J.A.C.8:64-2.5 requires the approval of up to three physicians, including a psychiatrist, to authorize medical marijuana for a patient who is a minor. No other medication requires the approval of three licensed practitioners before it may be issued to a patient, and this requirement represents an undue restriction on access to medical marijuana for qualifying patients who are minors; and
Whereas, N.J.A.C.8:64-5.2 provides that the Commissioner of Health must appoint a panel of up to 15 health care professionals to review, and make recommendations to the commissioner regarding, petitions for approval of new medical conditions for medical marijuana. The size and additional regulatory restrictions on the composition of the panel may cause significant and unnecessary delays in the approval of new qualifying medical conditions; and
Whereas, N.J.A.C.8:64-7.9 prohibits alternative treatment centers from dispensing medical marijuana through a satellite location, arbitrarily restricting the scope of alternative treatment center operations and unnecessarily limiting patient access to convenient distribution facilities; and
Whereas, N.J.A.C.8:64-10.6 and N.J.A.C.8:64-10.7 limit the permissible level of delta-9-tetrahydrocannabinol (THC) in medical marijuana to 10%. No other state with a medical marijuana program has imposed such a limit, and this limit restricts the ability of physicians to authorize medical marijuana in a form and strength appropriate to each patient's unique treatment needs; and
Whereas, N.J.A.C.8:64-10.7 provides that alternative treatment centers may cultivate no more than three strains of medical marijuana; this restriction violates section 7 of P.L.2009, c.307 (C.24:6I-7), which expressly provides: "An alternative treatment center shall not be limited in the number of strains of medical marijuana cultivated;" and
Whereas, N.J.A.C.8:64-10.12 prohibits delivery of medical marijuana to the home or residence of a patient or primary caregiver. This prohibition arbitrarily restricts a key form of access to medical marijuana for patients with debilitating medical conditions; and
Whereas, N.J.A.C.8:64-10.8 and N.J.A.C.8:64-11.5 prohibit alternative treatment centers from producing and dispensing medical marijuana in edible form; this restriction is in direct contradiction of section 2 of P.L.2013, c.160, which amended section 7 of P.L.2009, c.307 (C.24:6I-7) to expressly authorize edible forms of medical marijuana for patients who are minors; and
Whereas, The regulations referenced above are not consistent with the plain language of the "New Jersey Compassionate Use Medical Marijuana Act" and undermine the Legislature's intent to establish a viable medical marijuana program that assures patients have access to this palliative and therapeutic form of treatment; now, therefore,
Be It Resolved by the General Assembly of the State of New Jersey (the Senate concurring):
1. The Legislature declares that N.J.A.C.8:64-2.4, N.J.A.C.8:64-2.5, N.J.A.C.8:64-5.2, N.J.A.C.8:64-7.9, N.J.A.C.8:64-10.6, N.J.A.C.8:64-10.7, N.J.A.C.8:64-10.8, N.J.A.C.8:64-10.12, and N.J.A.C.8:64-11.5 are not consistent with the intent of the Legislature as expressed in the language of the "New Jersey Compassionate Use Medical Marijuana Act," P.L.2009, c.307 (C.24:6I-1 et al.).
2. Copies of this resolution, as filed with the Secretary of State, shall be transmitted by the Clerk of the General Assembly or the Secretary of the Senate to the Governor and the Commissioner of Health.
3. Pursuant to Article V, Section IV, paragraph 6 of the Constitution of the State of New Jersey, the Commissioner of Health shall have 30 days following transmittal of this resolution to amend or withdraw the regulations, or the Legislature may, by passage of another concurrent resolution, exercise its authority under the Constitution to invalidate the regulations in whole or in part.
STATEMENT
This concurrent resolution embodies the finding of the Legislature that certain regulations promulgated by the Department of Health (DOH) to implement the "New Jersey Compassionate Use Medical Marijuana Act," P.L.2009, c.307 (C.24:6I-1 et al.), are not consistent with the intent of the Legislature as expressed in the language of the act as enacted and amended.
Specifically, N.J.A.C.8:64-2.4 requires physicians to register with the DOH, and the department currently makes the list of registered physicians available to the general public. This requirement has resulted in a shortage of physicians available to authorize medical marijuana, as many physicians are reluctant to have their names appear on a public registry, and so unnecessarily restricts access to medical marijuana for patients.
N.J.A.C.8:64-2.5 requires the approval of up to three physicians, including a psychiatrist, to authorize medical marijuana for a patient who is a minor. No other medication requires the approval of three health care practitioners to be authorized for a patient, and this requirement unduly restricts access to medical marijuana for patients who are minors. Further, although the Legislature amended the act in 2013 to authorize edible forms of medical marijuana for patients who are minors, N.J.A.C.8:64-10.8 and N.J.A.C.8:64-11.5 directly contradict this by prohibiting alternative treatment centers from producing and dispensing medical marijuana in edible form.
N.J.A.C.8:64-10.6 and N.J.A.C.8:64-10.7 limit the permissible levels of delta-9-tetrahydrocannabinol (THC) that medical marijuana may contain to 10%. No other state with a medical marijuana program has imposed such a limit. Similarly, although section 7 of P.L.2009, c.307 (C.24:6I-7) expressly provides: "An alternative treatment center shall not be limited in the number of strains of medical marijuana cultivated," N.J.A.C.8:64-10.7 directly contravenes this by providing that alternative treatment centers may cultivate no more than three strains of medical marijuana. Taken together, these provisions arbitrarily restrict the ability of physicians to authorize medical marijuana in a form and strength appropriate to each patient's unique treatment needs.
N.J.A.C.8:64-7.9 and N.J.A.C.8:64-10.12 limit access to medical marijuana for patients by prohibiting alternative treatment centers from dispensing medical marijuana through satellite locations and by prohibiting delivery of medical marijuana to the home or residence of a patient or primary caregiver.
Finally, N.J.A.C.8:64-5.2 provides that the Commissioner of Health must appoint a panel of up to 15 health care professionals to review and make recommendations to the commissioner on petitions for approval of new medical conditions for medical marijuana. The size and additional restrictions on the composition of the panel may cause significant and unnecessary delays in the approval of new medical conditions.
These regulations place arbitrary and unnecessary restrictions on the medical marijuana program that limit a physician's ability to authorize medical marijuana in a form and strength appropriate to each patient's condition, and limit access to medical marijuana for those patients suffering from debilitating medical conditions the act was intended to benefit.
The resolution provides that the Commissioner of Health will have 30 days from the date of transmittal of this resolution to amend or withdraw the regulations, or the Legislature may, by passage of another concurrent resolution, exercise its authority under the Constitution to invalidate the rules and regulations in whole or in part.
