Medical marijuana implementation remains uncertain even as dispensary licenses granted
Even though New Jersey passed its
medical marijuana law in January 2010, implementation has been slow and
uncertain, and regulations still are not final. In good news, on March 21, the
Department of Health and Senior Services (DHSS)
granted six dispensary licenses, two in each part of the state. Five days
later, DHSS Commissioner Poonam Alaigh and her deputy, Susan Walsh, who had led
efforts to shape the medical marijuana program, resigned
in a surprising move likely to exacerbate delays.
On January 11, 2010, the New Jersey Assembly voted 48-14, and the Senate
25-13, to pass medical marijuana law S. 119.
Unfortunately, Gov. Chris Christie (R) has slowed implementation. After asking
the legislature to push back the effective date of its medical marijuana
program with the passage of S. 2105
in June 2010, his DHSS then drafted rules that did not track the already strict
legislation. These rules were needlessly harsh and overstepped DHSS’s
authority. ACR 151, a resolution to repeal the draft rules, passed the
legislature in late 2010, forcing DHSS to start over.
In January 2011, DHSS re-proposed draft rules, and again they were objectionable. Patients testified on January 20,
2011, at a Senate Health, Human Services, and Senior Citizens committee hearing
for the repeal resolution, SCR 130. Public comment for these draft rules will likely run from February 22
to April 23. The legislature may continue to use a repeal resolution to force
DHSS to draft a better third version of the rules.
The Drug Policy Alliance New Jersey and the Coalition for Medical Marijuana-New Jersey have done an amazing job leading the lobbying
efforts to pass this important legislation, and pushing back hard against overly
restrictive implementation. They also had the help of the New Jersey State
Nurses Association, the New Jersey Academy of Family Physicians, the New Jersey
Hospice and Palliative Care Organization, the New Jersey League for Nursing, and
chapters of the Leukemia & Lymphoma Society.
Learn about New Jersey's marijuana laws
In New Jersey, possession of even a single joint for non-medical purposes is punishable by up to six months of incarceration and up to a $1,000 fine. You can learn more about New Jersey’s marijuana penalties and enforcement by reading this report by Jon Gettman, PhD.
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