
Daniel T. McKillop
Partner
201-896-7115 dmckillop@sh-law.comFirm Insights
Author: Daniel T. McKillop
Date: April 9, 2020

Partner
201-896-7115 dmckillop@sh-law.comThe New Jersey Senate recently gave the green light to legislation that would make medical cannabis available via telehealth. The bill (Senate Bill 619) is now under consideration by the Assembly Health Committee.

The legislation represents the latest expansion of New Jersey’s Medical Marijuana Program, which has grown significantly under Gov. Phil Murphy in terms of patients and providers enrolled. The state has also enacted a series of reforms that make it easier for patients to access medical cannabis.
To help patients who may be too ill to visit the doctor or otherwise housebound, Senate Bill 619 permits patients to be authorized for medical cannabis and to have written instructions for medical cannabis issued to the patient using telemedicine and telehealth. “A lot of people who use medicinal marijuana are pretty ill with cancer,” said sponsor Sen. Declan O’Scanlon (R-Monmouth). “Forcing them to go out of the house for treatment — there’s no sense.”
Telemedicine uses telecommunication and information technologies to provide clinical health care outside traditional medical facilities. Examples include writing a prescription after communicating with a patient via email, remotely monitoring vital signs, and providing mental health counseling via video conferencing. In 2017, New Jersey joined more than 30 other states in authorizing health care providers to remotely provide health care services to patients through the use of telemedicine and telehealth.
The New Jersey Telemedicine Law (N.J.S.A. 45:1-60-64) defines “telemedicine” as the delivery of a health care service using electronic communications, information technology, or other electronic or technological means to bridge the gap between a health care provider who is located at a distant site and a patient who is located at an originating site, either with or without the assistance of an intervening health care provider. Meanwhile, “telehealth” means the use of information and communications technologies, including telephones, remote patient monitoring devices, or other electronic means, to support clinical health care, provider consultation, patient and professional health-related education, public health, health administration, and other services.
Under the law, treatment and consultation recommendations made through the use of telemedicine or telehealth are subject to the same practice standards as are applicable to in-person settings. Healthcare providers may issue a prescription through telemedicine or telehealth. However, they may not do so based exclusively on the responses to an online questionnaire unless they have already established a relationship with the patient. In addition, providers may not prescribe Schedule II controlled substances without first evaluating the patient in-person. Going forward, providers must evaluate the patient every three months for the duration of time that the patient is being prescribed the Schedule II controlled dangerous substance.
Senate Bill 619 seeks to clarify that medical cannabis may be prescribed using telemedicine and telehealth. Specifically, for a period of 270 days following the effective date of the bill, a health care practitioner may authorize a patient who is a resident of a long-term care facility, has a developmental disability, is terminally ill, is receiving hospice care from a licensed hospice care provider, or is housebound as certified by the patient’s physician, for the medical use of cannabis using telemedicine and telehealth.
Thereafter, a health care practitioner may authorize any patient for the medical use of cannabis using telemedicine and telehealth, provided that the patient has had at least one previous in-office consultation with the health care practitioner prior to the patient’s authorization for the medical use of cannabis. The legislation also allows written instructions for medical cannabis to be provided to or on behalf of a patient using telemedicine and telehealth.
If approved by the Assembly and signed into law by Gov. Murphy, the law would take effect immediately. The attorneys of the Scarinci Hollenbeck Cannabis Law Group will continue to track the progress of Senate Bill 619 and provide updates.
If you have any questions or if you would like to discuss the matter further, please contact me, Dan McKillop, or the Scarinci Hollenbeck attorney with whom you work, 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.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Before buying property, it is critical to determine whether local zoning laws may affect your plans. If you plan to redevelop the property, you will want to confirm that local zoning regulations permit development as intended. If acquiring property that is already developed, you must verify that the use is permitted in the underlying zoning […]
Author: Wendy Rubinstein Quiroga

For parents of a child with a disability, estate planning raises concerns that go well beyond deciding who will inherit their assets. Parents may spend years making sure their child has the right care, services, and support. Eventually, they must also confront a difficult question: Who will take over when they can no longer do […]
Author: George McGowan

Before buying a New Jersey rental property, an investor should verify realistic operating numbers, the property’s legal and regulatory status, lead-based paint and flood compliance, the existing leases and tenant protections, and the right ownership structure. A rental property is more than a piece of real estate; it is an operating business subject to legal, […]
Author: Donald M. Pepe

In New Jersey, an irrevocable trust can sometimes be modified even though its name suggests otherwise, and one of the primary tools for doing so is a process called decanting. Whether decanting is available depends on the specific terms of the trust and the discretion given to the trustee. Key takeaways: New Jersey has no […]
Author: Marc J. Comer

Intellectual property valuation determines the monetary value of a business’s IP assets, and it drives outcomes in licensing deals, joint ventures, mergers and acquisitions, financing, and ownership disputes. The most valuable assets of a business are often the things that cannot be seen or touched: a proprietary process, a copyrighted work, brand recognition, or the […]
Author: Jay McDaniel

For New Jersey data center owners and operators, a service agreement may look routine when it is signed. The network is functioning, the vendor is meeting its installation schedule, and the parties have agreed on pricing and performance specifications. The provisions that seem most important at that stage are often the technical ones. That changes […]
Author: George McGowan
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!