
Daniel T. McKillop
Partner
201-896-7115 dmckillop@sh-law.comFirm Insights
Author: Daniel T. McKillop
Date: June 30, 2020
Partner
201-896-7115 dmckillop@sh-law.com“The Department continues to prioritize patient access during this unprecedented pandemic,” Health Commissioner Judith Persichilli said in a press statement. “This new waiver will allow ATCs, once they have submitted a plan to the Department for approval, to deliver across the state.”
The Jake Honig Compassionate Use Medical Cannabis Act, which Gov. Phil Murphy signed into law last summer, contains provisions authorizing the delivery of medical marijuana. The law mandated that the Cannabis Regulatory Commission (CRC) establish a process to authorize deliveries of medical cannabis. However, the process has not yet been established. During the COVID-19 shutdown, ATCs remained open; however, many cannabis patients were understandably concerned about waiting in long lines or visiting crowded ATCs. While some ATCS are offering online appointments and curbside pickup, patient access was still a concern.
Under the NJDOH medical marijuana delivery waiver, ATCs and patients should be aware of the numerous requirements set forth in the waiver. They include:
Prior to initiating delivery services, ATCs must also submit a delivery plan for approval by the NJDOH. The delivery plan must include Standard Operating Procedures (SOPs) for the following:
COVID-19 has accelerated medical cannabis delivery in New Jersey, which is good news for patients and ATCs. As ATCs work to incorporate delivery into their business models, it is imperative to incorporate all of the requirements set forth in the NJDOH waiver.
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 201-896-4100.
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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