New qualifying conditions approved by the New Jersey Medicinal Marijuana Review Panel.
Patients with chronic pain, anxiety, and migraines will have to wait a little longer to participate in the NJ medical marijuana program. The New Jersey Medicinal Marijuana Review Panel (MMRP) recently voted to approve several new qualifying conditions, but the Department of Public Health now has 180 days to render a final decision.
Adding New Qualifying Conditions to New Jersey’s Medicinal Marijuana Program
New Jersey’s medical marijuana program is one of the strictest in the country. To participate in the program, a patient must suffer from an approved debilitating medical condition. The current list of qualifying conditions for medical marijuana includes, among others, amyotrophic lateral sclerosis (Lou Gehrig’s disease), Multiple Sclerosis, terminal cancer, muscular dystrophy, inflammatory bowel disease, certain terminal illnesses, and post-traumatic stress disorder.
The process of adding new qualifying conditions is lengthy and complex. Pursuant to N.J.A.C. 8:64-5.2, the inclusion of new qualifying condition must be approved by the MMRP and the Commissioner. When making a recommendation, the primary consideration is whether the medical condition and/or the treatment thereof is debilitating; and whether marijuana is more likely than not to have the potential to be beneficial to treat or alleviate the debilitation associated with the medical condition and/or the treatment thereof.
Almost four months ago, the MMRP recommended that the Commissioner qualify dozens of additional debilitating conditions falling within the categories of chronic pain, migraine, anxiety, and Tourette’s Syndrome for inclusion in the State’s medicinal marijuana program. The MMRP rejected the inclusion of conditions related to the categories of asthma and chronic fatigue.
What’s Next for Medical Marijuana Patients?
The 60-day public comment period on the MMRP’s recommendations ended on September 25, 2017. On October 25, 2017, the panel voted 5-1 to grant final approval of the new conditions. It again voted unanimously to deny the addition of asthma and chronic fatigue syndrome.
Now, Health Commissioner Cathleen Bennett has up to six months to decide whether to approve the panel’s recommendation. The final hurdle is significant given that Bennett, a who was appointed by Gov. Chris Christie, has opposed cannabis legalization in the past.
However, given that the deadline will occur after the New Jersey gubernatorial election, Bennett may no longer be in the post at that time. In addition, if Phil Murphy is the next governor, an even broader expansion of the NJ medical marijuana program could be on the horizon.
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:
If you have any questions or if you would like to discuss the matter further, please contact me, Dan McKillop, at 201-806-3364.
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.
Are Your Conversations with AI Shielded from Discovery? Courts Are Split
Whether a client’s prompts to a generative AI tool and the documents it produces are protected from disclosure depends on the case type, who claims protection, and whether counsel was involved. In United States v. Heppner, a New York federal judge ruled that a criminal defendant’s communications with an AI platform were protected by neither […]
Guardianships in New Jersey: When a Loved One Can No Longer Manage Personal or Financial Affairs
When a family member can no longer make important decisions for themself, the question is often not whether the family will step in, but whether they have the legal authority to do so. A spouse may manage household finances, or an adult child may arrange medical care and pay bills. Still, informal assistance does not […]
New Jersey’s Revised UHAC Regulations: What Residential Developers Need to Know About Affordable Housing Commitments
New Jersey residential developers with affordable housing obligations should carefully review their existing approvals, development agreements, and proposed deed restrictions in light of the State’s revised UHAC regulations (Uniform Housing Affordability Controls). The regulations, which took effect on November 6, 2025, significantly change the administration and physical requirements for affordable housing units. For developers with […]
“No Comment” Culture: Why Silence Is Often the Riskiest Legal Strategy
A “no comment” response is sometimes the right call when a legal problem arises. As a blanket policy, however, it lets allegations go unanswered, deadlines pass, evidence disappear, and manageable disputes grow into expensive litigation. The businesses that fare best are usually the ones that say little publicly while acting decisively behind the scenes. When […]
Utility-Scale Battery Storage Projects: A Legal Roadmap for Developers, Property Owners and Other Stakeholders
Utility-scale battery energy storage systems (BESS) are becoming an increasingly important component of the electric grid throughout New Jersey, New York, and Pennsylvania. As renewable generation expands, electricity demand increases and grid operators seek greater flexibility, battery storage can help balance supply and demand while providing additional capacity and reliability. For developers, battery storage presents […]
Navigating Disputes: Hire a Partnership Dispute Lawyer
A falling out between partners can be disastrous for any business. In many cases, the partnership will not survive. If you are in an unworkable situation with your partners, it may be time to consult a partnership dispute lawyer experienced in handling partnership breakups and dissolutions before the situation deteriorates any further. It is easy […]
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!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!
