Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

Medical Marijuana May Now Be Prescribed Via Telemedicine in New Jersey

Author: Daniel T. McKillop

Date: August 14, 2020

Key Contacts

Back

Telehealth has become more commonplace in response to COVID-19…

Medical Marijuana May Now Be Prescribed Via Telemedicine in New Jersey

Medical marijuana may now be prescribed in New Jersey via telemedicine. The regulatory change, which was prompted by the ongoing COVID-19 pandemic, is expected to further increase the number of patients participating in the New Jersey Medical Marijuana Program.

COVID-19 and Telehealth

Telehealth has become more commonplace in response to COVID-19. In March, Gov. Phil Murphy signed legislation (P.L. 2020, c. 3) authorizing the Director of the Division of Consumer Affairs in the Department of Law and Public Safety and the Commissioner of Health to waive any requirement of state law or regulation as may be necessary to facilitate the provision of health care services using telemedicine and telehealth during COVID-19 public health emergency. The new law aimed to eliminate restrictions that prevented practitioners from using telemedicine or telehealth, as well as provide flexibility in the types of technologies that may be used in telehealth and telemedicine encounters.

On the federal level, the Drug Enforcement Administration (DEA) issued a temporary waiver that allows a practitioner to prescribe a Schedule II CDS through telemedicine without an initial in-person examination, so long as the prescription is issued for a legitimate medical purpose; the communications are conducted using a real-time, audio-visual, two-way interactive system; and the telemedicine encounter is consistent with the standard of care.

Using Telemedicine to Prescribe Cannabis

While in-person services have resumed in New Jersey, many patients, particularly high-risk individuals, are understandably still more comfortable conducting appointments online. Under an Administrative Order executed by the Acting Director of the Division of Consumer Affairs, health care professionals can now use a telemedicine encounter to satisfy existing requirements for a physical examination of the patient before authorizing medical marijuana or when prescribing, dispensing, or administering controlled dangerous substances (CDS).

“New Jersey health care practices are again offering in-person services, but telehealth remains an important option for patients and providers,” Attorney General Gurbir S. Grewal said in a press statement. “Today, we are making it easier for patients to choose telehealth services for any reason, including to avoid an in-person visit due to the continuing risk of COVID-19.  Doctors who use telemedicine to prescribe CDS or authorize medical marijuana will be held to the same professional standards as for in-person visits and must comply with all of the important safeguards we have adopted to prevent diversion and misuse.”

With regard to medical marijuana, N.J.A.C. 13:35-7A.4 typically requires physicians to perform a comprehensive medical history and physical examination of the patient to determine whether the patient suffers from a qualifying medical condition. Under the new Administrative Order, a physician issuing a certification for the use of medical cannabis may utilize a telemedicine encounter to satisfy these requirements, if consistent with the standard of care, subject to the following conditions:

  1. The authorization is for a recognized qualifying condition;
  2. The telemedicine communication is conducted using an audio-visual, real-time, two-way interactive communication system; and
  3. The use of telemedicine, rather than an in-person visit, is consistent with the standard of care required for assessment and treatment of the patient’s condition.

A subsequent authorization for medical marijuana may also be provided via telemedicine if the physician determines that an in-person visit is not required, consistent with the standard of care.

For now, the authorization is temporary. The Order states that it will remain in effect, unless expressly revoked or superseded by a subsequent Administrative Order issued by the Director of the Division of Consumer Affairs, until whichever of the following occurs first: (1) the end of the state of emergency or public health emergency declared by the Governor in Executive Order 103, whichever is later; or (2) the end of the telemedicine allowance designated by the United States Secretary of Health and Human Services on March 16, 2020, based upon the public health emergency declared by the Secretary on January 31, 2020.

If you have questions, please contact us

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.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
Tariff Response Options for Small Businesses Facing Financial Distress post image

Tariff Response Options for Small Businesses Facing Financial Distress

The Trump Administration’s new tariffs are having an oversized impact on small businesses, which already tend to operate on razor thin margins. Many businesses have been forced to raise prices, find new suppliers, lay off staff, and delay growth plans. For businesses facing even more dire financial circumstances, there are additional tariff response options, including […]

Author: Brian D. Spector

Link to post with title - "Tariff Response Options for Small Businesses Facing Financial Distress"
Common Causes of Partnership Disputes and How to Resolve Them post image

Common Causes of Partnership Disputes and How to Resolve Them

Business partnerships, much like marriages, function exceptionally well when partners are aligned but can become challenging when disagreements arise. Partnership disputes often stem from conflicts over business strategy, financial management, and unclear role definitions among partners. Understanding Business Partnership Conflicts Partnership conflicts place significant stress on businesses, making proactive measures essential. Partnerships should establish detailed […]

Author: Christopher D. Warren

Link to post with title - "Common Causes of Partnership Disputes and How to Resolve Them"
President Trump's Termination of Member Gwynne Wilcox post image

President Trump's Termination of Member Gwynne Wilcox

On January 28, 2025, the Trump Administration terminated Gwynne Wilcox from her position as a Member of the National Labor Relations Board (NLRB or the Board). Gwynne Wilcox, a union side lawyer for Levy Ratner, was confirmed to the Board for an original term in 2021 and confirmed again for a successive five-year term expiring […]

Author: Matthew F. Mimnaugh

Link to post with title - "President Trump's Termination of Member Gwynne Wilcox"
How to Dissolve a Corporation in New Jersey: A Step-by-Step Guide post image

How to Dissolve a Corporation in New Jersey: A Step-by-Step Guide

Closing your business can be a difficult and challenging task. For corporations, the process includes formal approval of the dissolution, winding up operations, resolving tax liabilities, and filing all required paperwork. Whether you need to understand how to dissolve a corporation in New York or New Jersey, it’s imperative to take all of the proper […]

Author: Christopher D. Warren

Link to post with title - "How to Dissolve a Corporation in New Jersey: A Step-by-Step Guide"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

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!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!