New Jersey-2018-S2829-Introduced

An Act concerning medical marijuana and amending P.L.2009, c.307.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 10 of P.L.2009, c.307 (C.24:6I-10) is amended to read as follows:

10. a. A physician shall provide written instructions for a registered qualifying patient or [his] the patient's primary caregiver to present to an alternative treatment center concerning the total amount of usable marijuana that a patient may be dispensed, in weight, in a 30-day period, which amount shall not exceed two ounces. If no amount is noted, the maximum amount that may be dispensed at one time is two ounces.

b. A physician may issue multiple written instructions at one time authorizing the patient to receive a total of up to a 90-day supply, provided that the following conditions are met:

(1) Each separate set of instructions shall be issued for a legitimate medical purpose by the physician, as provided in [this act] P.L.2009, c.307 (C.24:6I-1 et al.);

(2) Each separate set of instructions shall indicate the earliest date on which a center may dispense the marijuana, except for the first dispensation if it is to be filled immediately; and

(3) The physician has determined that providing the patient with multiple instructions in this manner does not create an undue risk of diversion or abuse.

c. [A] Medical marijuana may be dispensed directly to a registered qualifying patient or the patient's primary caregiver at the alternative treatment center, as provided in paragraph (1) of this subsection, or may be delivered to a qualifying patient's home address upon request by the qualifying patient or the patient's primary caregiver, as provided in paragraph (2) of this subsection.

(1) If medical marijuana is to be dispensed directly to a registered qualifying patient or [his] the patient's primary caregiver, the patient or caregiver shall present the patient's or caregiver's registry identification card, as applicable, and [these] the written instructions from the patient's physician to the alternative treatment center, which shall verify and log the documentation presented. A physician may provide a copy of a written instruction by electronic or other means, as determined by the commissioner, directly to an alternative treatment center on behalf of a registered qualifying patient.

(2) If a registered qualifying patient or the patient's primary caregiver requests that medical marijuana be delivered to the qualifying patient's home address, the alternative treatment center shall:

(a) prior to making any deliveries of medical marijuana to the qualifying patient's home address, require the qualifying patient or the patient's primary caregiver to initially visit the alternative treatment center in person at least once, at which time the qualifying patient or primary caregiver shall present the patient's or caregiver's registry identification card, as applicable, which the alternative treatment center shall verify and log. The alternative treatment center shall additionally require the patient or caregiver to select one of the following delivery options:

(i) ongoing deliveries of medical marijuana, pursuant to which deliveries of medical marijuana to the patient's home address shall be made at such times as the patient's physician provides a copy of a written instruction for the patient by electronic or other means, as determined by the commissioner, directly to the alternative treatment center, and the instruction becomes valid for dispensing; or

(ii) individual on-demand deliveries of medical marijuana, pursuant to which the patient may request an individual delivery of medical marijuana to the qualifying patient's home address pursuant to a valid written instruction. Each on-demand delivery request shall be subject to appropriate verification by the alternative treatment center so as to ensure each request was actually made by the qualifying patient or the patient's primary caregiver;

(b) establish a method to schedule or coordinate deliveries, to the extent possible, so as to ensure that the qualifying patient or the patient's primary caregiver will be present at the patient's home address at the time delivery is attempted;

(c) make deliveries of medical marijuana to the qualifying patient's home address in accordance with the patient's chosen option; and

(d) establish procedures to ensure the qualifying patient has access to ongoing consultations and assessments of the patient's debilitating medical condition, to be conducted by the alternative treatment center, so as to ensure the patient's treatment needs are being met.

Any medical marijuana delivered pursuant to this paragraph shall be delivered directly to the qualifying patient or the patient's primary caregiver at the patient's home address, who shall sign for the delivery and present the patient's or caregiver's registry identification card, as applicable, for the purposes of verifying the identity of the person to whom the medical marijuana is delivered. A qualifying patient or the patient's primary caregiver may, at any time and upon providing reasonable notice to the alternative treatment center, switch the patient's delivery option selected pursuant to subparagraph (a) of this paragraph or cancel a request for home deliveries of medical marijuana made pursuant to this paragraph.

(3) The dispensation of marijuana pursuant to any written instructions shall occur within one month of the date that the instructions were written or the date that the instructions become valid for dispensing, whichever is later, or the instructions are void.

d. A patient may be registered at only one alternative treatment center at any time.

(cf: P.L.2009, c.307, s.10)

2. The Commissioner of Health, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt such rules and regulations as shall be necessary to implement the provisions of this act.

3. This act shall take effect 60 days after the date of enactment.

STATEMENT

The bill establishes requirements for alternative treatment centers (ATCs) to make home deliveries of medical marijuana.

Specifically, the bill provides that ATCs may dispense medical marijuana directly to qualifying patients and their primary caregivers or, upon request by the patient or the patient's primary caregiver, by delivery to the qualifying patient's home address. If the qualifying patient or the patient's primary caregiver requests home delivery, the ATC is to require the patient or the patient's primary caregiver to appear at the ATC in person, at least once, to verify the patient's or caregiver's registry information and confirm whether the patient would like ongoing deliveries of medical marijuana each month, or individual on-demand deliveries that would be subject to appropriate verification to confirm the patient or the patient's primary caregiver is making the request.

ATCs will be required to establish a method to schedule or coordinate home deliveries to ensure, to the extent possible, that the qualifying patient or the patient's primary caregiver is present at the patient's home at the time delivery is attempted. Any delivery is to be made directly to the patient or primary caregiver, who will be required to present a valid registry identification card and sign for the delivery. Patients and primary caregivers will be permitted to switch between ongoing and individual on demand deliveries, or to cancel a request for home deliveries, by providing reasonable notice to the ATC. ATCs will further be required to ensure that patients who request home delivery of medical marijuana have access to ongoing consultations and assessments of the patient's debilitating medical condition, to be conducted by the ATC, so as to ensure the patient's treatment needs are being met.