
Daniel T. McKillop
Partner
201-896-7115 dmckillop@sh-law.comFirm Insights
Author: Daniel T. McKillop
Date: June 24, 2019
Partner
201-896-7115 dmckillop@sh-law.comThe New Jersey Legislature has approved a bill that will significantly expand the state’s Medicinal Marijuana Program. The legislation, Assembly Bill 20/Senate Bill 20, reflects a compromise reached between the Legislature and the Murphy Administration, and Gov. Murphy is expected to sign it.
Expanding access to medical cannabis has been a top priority for Gov. Murphy since he took office. After efforts to pass comprehensive legislation legalizing recreational cannabis and expanding the medical marijuana program failed, Gov. Murphy announced his own plans to expand the state’s Medicinal Marijuana Program earlier this month. As part of the expansion, the Department of Health (Department) issued a Request for Applications (RFA) seeking new applicants to operate up to 108 additional Alternative Treatment Centers (ATCs), including up to 24 cultivation endorsements, up to 30 manufacturing endorsements, and up to 54 dispensary endorsements.
The Murphy Administration’s announced its expansion plan after the New Jersey Senate and Assembly had already approved the Jake Honig Compassionate Use Medical Marijuana Act (S-10), which would also expand the state’s medical cannabis program. Key differences in the Legislature’s plan included transferring medical marijuana oversight from the Department of Health’s jurisdiction to a new five-member Cannabis Regulatory Commission. The number and types of licenses to be issued pursuant to the RFA is significantly higher than the proposed licensing of another 11 cultivators pursuant to S-10.
To address these issues, lawmakers quickly introduced and passed Assembly Bill 20/Senate Bill 20, which reflects a compromise between Gov. Murphy and the Legislature. Many of the provisions of the original bill (S-10) remain, including numerous provisions to expand patient access.
Below is a brief summary of the compromise provisions:
On June 20, 2019, the Legislature passed the medical marijuana bill by a vote of 31 to 5 in the Senate and 22 to 12 in the Assembly. It now heads to Gov. Murphy for his signature.
Given the passage of A20/S20, the timetable set forth in the Department of Health’s recent RFA may be extended, or the RFA may be withdrawn altogether and a new one issued. Any revision of the regulations necessitated by A20/S20 would be the subject of future rulemaking by the Department of Health.
In any case, the New Jersey medical cannabis program is poised to significantly expand in the very near future. If you are interested in participating in the market, you need to begin the planning process ASAP.
If you have any questions or if you would like to discuss the matter further, please contact me, Dan McKillop, at 201-806-3364.
This article is a part of a series pertaining to cannabis legalization in New Jersey and the United States at large. Prior articles in this series are below:
Disclaimer: Possession, use, distribution, and/or sale of cannabis is a Federal crime and is subject to related Federal policy. Legal advice provided by Scarinci Hollenbeck, LLC is designed to counsel clients regarding the validity, scope, meaning, and application of existing and/or proposed cannabis law. Scarinci Hollenbeck, LLC will not provide assistance in circumventing Federal or state cannabis law or policy, and advice provided by our office should not be construed as such.
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