Signed by Governor Jon Corzine

Vote Smart's Synopsis:

Vote to concur with House amendments and pass a bill that legalizes the medicinal use of marijuana for patients that have been diagnosed by a physician as having a debilitating medical condition, and authorizes the establishment of alternative treatment centers to handle the production, storage, and dissemination of medical marijuana beginning 6 months after the date of enactment.

Highlights:

-Defines "debilitating medical condition" as follows (Sec. 3):

-Any of the following conditions, if resistant to conventional medical therapy:
-Seizure disorder, including epilepsy; -Intractable skeletal muscular spasticity; and -Glaucoma;
-Any of the following conditions, if severe or chronic pain, severe nausea or vomiting, cachexia, or wasting syndrome results from the condition or treatment thereof:
-Positive status for HIV; -AIDS; and -Cancer;
-Amyotrophic lateral sclerosis (Lou Gehrig's Disease); -Multiple sclerosis; -Terminal cancer; -Muscular dystrophy; -Inflammatory bowel disease, including Crohn's disease; -Terminal illness if the physician has determined that a prognosis of less than 12 months to live; and -Any other medical condition or its treatment that is approved by the Department of Health and Senior Services.

-Authorizes physicians to prescribe up to 2 ounces of usable marijuana for a 30 day period (Sec. 10). -Requires the Department to establish a registry of qualifying patients and their primary caregivers, and issue registry identification cards, valid for 2 years, to qualifying individuals who submit the following (Sec. 4):

-Certification that the individual is a qualifying patient; -Application or renewal fee, as determined by the Commissioner; -Name, address, and birth date of the individual; and -Name, address, and telephone number of the patient's primary caregiver and physician.

-Requires the Department to verify the above information before issuing a registry identification card, but requires the Department to approve or deny an application or renewal within 30 days of receiving an application and issue or renew the registry identification card within 5 days of approval (Sec. 4). -Requires primary caregiver applicants to be at least 18 years of age and undergo a criminal history record background check (Secs. 3-4). -Prohibits the Commissioner of Health and Senior Services from approving a primary caregiver application if the applicant was convicted of any crime involving a controlled dangerous substance or controlled substance analog (Chapter 35, Title 2C), unless it was a conviction for the possession of 50 grams of less of marijuana, or if the applicant as demonstrated to the commissioner "clear and convincing" evidence of rehabilitation (Sec. 4). -Requires the Department to accept applications from entities for permits to operate alternative treatment centers to produce and dispense marijuana to qualifying patients and their primary caregivers (Sec. 7). -Requires the Department to ensure that there are a "sufficient number" of alternative treatment centers throughout the state, including at least 2 non-profit entities each in the northern, central, and southern regions of the state (Sec. 7). -Authorizes for-profit entities to operate alternative treatment centers, other than the aforementioned mandatory 2 centers in the three regions of the state (Sec. 7). -Requires alternative treatment center applicants, including owners, directors, officers, and employees, to undergo a criminal history record background checks (Sec. 7). -Prohibits the Commissioner from approving an alternative treatment center application if the applicant was convicted of any crime involving a controlled dangerous substance or controlled substance analog (Chapter 35, Title 2C), with the following exceptions (Sec. 7):

-Conviction for the possession of 50 grams of less of marijuana; -Conviction that occurred after the effective date of this Act for a violation of federal law relating to possession or sale of marijuana for conduct that is authorized by this Act; and -Convictions in which the applicant as demonstrated to the commissioner "clear and convincing" evidence of rehabilitation.

-Requires the Commissioner to establish regulations that monitor, oversee, and investigate all activities performed by an alternative treatment center, including a requirement for written documentation of each delivery of marijuana to, and pickup of marijuana for, a registered patient (Sec. 7). -Specifies that the provisions of this Act do not authorize any individual to do the following (Sec. 7):

-Operate, navigate, or be in actual physical control of any motor vehicle, aircraft, railroad train, stationary heavy equipment, or vessel while under the influence of marijuana; or -Smoke marijuana on any form of transportation, on any school grounds, in any correctional facility, at any public park or beach, or at any recreation center.

-Specifies that the provisions of this Act do not require a government medical assistance program or private health insurer to provide coverage for medical marijuana (Sec. 16). -Requires the Commissioner to annually report to the Governor and Legislature the following information (Sec. 14):

-Number of applicants for registry identification cards; -Number qualifying patients registered; -Number of primary caregivers registered; -Nature of the debilitating medical conditions of the patients; -Number of registry identification cards revoked; -Number of alternative treatment center permits issued and revoked; and -Number of physicians providing certification for patients.

-Requires the Commissioner to evaluate the following every two years and report the information to the Governor and Legislature (Sec. 14):

-Whether there is a sufficient number of alternative treatment centers to meet the needs of registered patients; -Whether the maximum amount of medical marijuana allowed by this Act is sufficient to meet the medical needs of qualifying patients; and -Whether any alternative treatment center has charged excessive prices for the marijuana they dispense.

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that legalizes the medicinal use of marijuana for patients that have been diagnosed by a physician as having a debilitating medical condition, and authorizes the establishment of alternative treatment centers to handle the production, storage, and dissemination of medical marijuana beginning 6 months after the date of enactment.

Highlights:

-Defines "debilitating medical condition" as follows (Sec. 3):

-Any of the following conditions, if resistant to conventional medical therapy:
-Seizure disorder, including epilepsy; -Intractable skeletal muscular spasticity; and -Glaucoma;
-Any of the following conditions, if severe or chronic pain, severe nausea or vomiting, cachexia, or wasting syndrome results from the condition or treatment thereof:
-Positive status for HIV; -AIDS; and -Cancer;
-Amyotrophic lateral sclerosis (Lou Gehrig's Disease); -Multiple sclerosis; -Terminal cancer; -Muscular dystrophy; -Inflammatory bowel disease, including Crohn's disease; -Terminal illness if the physician has determined that a prognosis of less than 12 months to live; and -Any other medical condition or its treatment that is approved by the Department of Health and Senior Services.

-Authorizes physicians to prescribe up to 2 ounces of usable marijuana for a 30 day period (Sec. 10). -Requires the Department to establish a registry of qualifying patients and their primary caregivers, and issue registry identification cards, valid for 2 years, to qualifying individuals who submit the following (Sec. 4):

-Certification that the individual is a qualifying patient; -Application or renewal fee, as determined by the Commissioner; -Name, address, and birth date of the individual; and -Name, address, and telephone number of the patient's primary caregiver and physician.

-Requires the Department to verify the above information before issuing a registry identification card, but requires the Department to approve or deny an application or renewal within 30 days of receiving an application and issue or renew the registry identification card within 5 days of approval (Sec. 4). -Requires primary caregiver applicants to be at least 18 years of age and undergo a criminal history record background check (Secs. 3-4). -Prohibits the Commissioner of Health and Senior Services from approving a primary caregiver application if the applicant was convicted of any crime involving a controlled dangerous substance or controlled substance analog (Chapter 35, Title 2C), unless it was a conviction for the possession of 50 grams of less of marijuana, or if the applicant as demonstrated to the commissioner "clear and convincing" evidence of rehabilitation (Sec. 4). -Requires the Department to accept applications from entities for permits to operate alternative treatment centers to produce and dispense marijuana to qualifying patients and their primary caregivers (Sec. 7). -Requires the Department to ensure that there are a "sufficient number" of alternative treatment centers throughout the state, including at least 2 non-profit entities each in the northern, central, and southern regions of the state (Sec. 7). -Authorizes for-profit entities to operate alternative treatment centers, other than the aforementioned mandatory 2 centers in the three regions of the state (Sec. 7). -Requires alternative treatment center applicants, including owners, directors, officers, and employees, to undergo a criminal history record background checks (Sec. 7). -Prohibits the Commissioner from approving an alternative treatment center application if the applicant was convicted of any crime involving a controlled dangerous substance or controlled substance analog (Chapter 35, Title 2C), with the following exceptions (Sec. 7):

-Conviction for the possession of 50 grams of less of marijuana; -Conviction that occurred after the effective date of this Act for a violation of federal law relating to possession or sale of marijuana for conduct that is authorized by this Act; and -Convictions in which the applicant as demonstrated to the commissioner "clear and convincing" evidence of rehabilitation.

-Requires the Commissioner to establish regulations that monitor, oversee, and investigate all activities performed by an alternative treatment center, including a requirement for written documentation of each delivery of marijuana to, and pickup of marijuana for, a registered patient (Sec. 7). -Specifies that the provisions of this Act do not authorize any individual to do the following (Sec. 7):

-Operate, navigate, or be in actual physical control of any motor vehicle, aircraft, railroad train, stationary heavy equipment, or vessel while under the influence of marijuana; or -Smoke marijuana on any form of transportation, on any school grounds, in any correctional facility, at any public park or beach, or at any recreation center.

-Specifies that the provisions of this Act do not require a government medical assistance program or private health insurer to provide coverage for medical marijuana (Sec. 16). -Requires the Commissioner to annually report to the Governor and Legislature the following information (Sec. 14):

-Number of applicants for registry identification cards; -Number qualifying patients registered; -Number of primary caregivers registered; -Nature of the debilitating medical conditions of the patients; -Number of registry identification cards revoked; -Number of alternative treatment center permits issued and revoked; and -Number of physicians providing certification for patients.

-Requires the Commissioner to evaluate the following every two years and report the information to the Governor and Legislature (Sec. 14):

-Whether there is a sufficient number of alternative treatment centers to meet the needs of registered patients; -Whether the maximum amount of medical marijuana allowed by this Act is sufficient to meet the medical needs of qualifying patients; and -Whether any alternative treatment center has charged excessive prices for the marijuana they dispense.

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that legalizes the medicinal use of marijuana for patients that have been diagnosed by a physician as having a debilitating medical condition, and establishes alternative treatment centers to handle the production, storage, and dissemination of medical marijuana.

Highlights:

- Prohibits the arrest, prosecution, or penalty of any manner being imposed on a patient in possession of a registry identification card and up to six marijuana plants or one ounce of usable marijuana, and prevents the destruction of those amounts of marijuana if possessed by a qualified patient (Sec. 4). - Requires the Department of Health and Human Services to issue a registry identification card to qualifying individuals who submit the following (Sec. 9):

- Written certification that the individual is a qualifying patient; - An application or renewal fee; - Name, address, and birth date of the individual; and - Name, address, and telephone number of the patient's physician and primary caregiver, if any.

- Requires the Department to verify the above information before issuing a registry identification card, but requires the Department to approve or deny an application or renewal within 15 days of receiving the application. If approved, the Department must issue or renew the registry identification card within five days of approval (Sec. 9). - Authorizes the Department to issue the registry identification card to the primary caregiver named in the patient's application, provided that the caregiver has not been convicted of a felony drug offense and signs a statement agreeing to provide marijuana only to the patient who has named him or her as the caregiver (Sec. 9). - Prohibits the arrest, prosecution, or penalty of any manner being imposed on an alternative treatment center permit holder for producing, transporting, acquiring, or distributing marijuana, provided the amount does not exceed the maximum amount necessary to provide each registered patient for whom the treatment center is authorized to produce marijuana (Sec. 6). - Requires the Department of Health and Human Services to establish a registration program to issue permits for treatment centers to produce marijuana for medical purposes with the following minimum requirements (Sec 5):

- Treatment center applicants must provide the location and names of all owners and employees, the location of each treatment center, ID card numbers of each card holder, and any other information the Department considers necessary; and - Any Individual convicted of possessing or selling controlled substances are prohibited from acquiring permits to operate or be employed at an alternative treatment center, except for prior federal convictions for violations of federal law related to the possession or sale of marijuana for medicinal purposes, as authorized by this Act.

- Classifies the fabrication or misrepresentation of a medical marijuana alternative treatment center permit or registry identification card as a disorderly persons offense (Sec. 8). - Specifies that the provisions of this Act do not authorize any individual to do the following (Sec. 7):

- Operate, navigate, or be in actual physical control of any motor vehicle, aircraft, or motorboat while under the influence of marijuana; and - Smoke marijuana on any form of public transportation, on any school grounds, in any correctional facility, at any public park or beach, or at any recreation center.

Full Bill Text