1. What does NJ MMP stand for?

New Jersey Medical Marijuana Program. Web site for program: [https://www.nj.gov/health/medicalmarijuana/][1]

2. How does the application process work?

Non-terminal conditions:

The practice is a medical marijuana enrollment program. Once a person has met medical eligibility based any of the accepted medical conditions by the state to enter the medical marijuana program then the practice will work with each individual patient to ensure that all state and medical documentation has been uploaded for review by the NJ state medical marijuana program.

A digital photo is also required by the medical marijuana program; the photo which can be taken by our office staff or by family member/friend at home. If a photo of a patient is taken outside of the doctor’s office, then the patient must have their photo taken either sitting or standing up against a neutral background (i.e., the wall behind the patient must be either plain white or beige), the patient must be facing toward the camera (e.g., side profile pictures are not accepted by the state), and the patient must not be wearing any hats, head coverings or glasses as per NJ state rules. The photo is a requirement of the state as the photo will be placed on the medical marijuana card; the medical marijuana card will look like a driver’s license. Photos on driver’s licenses or on state issued identification cards cannot be used for the photo that is required for the medical marijuana card.

Once the state has received all required documentation, including a photo of the patient applying for a medical marijuana card, the state will review the application for a medical marijuana card. Provided all state required documentation is appropriate including an appropriate photo, an approval will be issued by the state of New Jersey. Approval times may vary tremendously; the office will inform each individual applicant of the expected times of approval.

Once the application has been approved by the state, the doctor’s office will be notified of the approval. The office staff will then subsequently notify the patient of the state’s approval for a medical marijuana card and that the medical marijuana card will be mailed out the patient by the state.

The medical marijuana card is mailed to the patient by the New Jersey Department of Health from the state capital, Trenton, NJ. The card is mailed by the state using U.S. postal services and may take 3-7 business days to receive to the home address provided to the state by the patient. The card will arrive to a patient’s regular mailbox and will be inside a plain white envelope which has the Department of Health on the front of the envelope.

Terminal cancer/terminal illness with a prognosis of less than 12 months of life:

If a patient is deemed to have a terminal cancer/condition, the patient will be eligible to have the application process expedited by the state. In these circumstances, the patient will have the required documents reviewed by state quickly and most often will receive an approval from the state for the medical marijuana card within 48-72 hours. Once the card is approved, the card will be sent with overnight mail to the patient’s home by the state.

All required medical information as requested by the doctor’s office and full payment for medical services rendered for the medical marijuana registration process inclusive of the required NJ state fee for the medical marijuana card must be received by the office prior to the mailing of the medical marijuana card. Cards will not be mailed until all medical documentation and full payment has been made to the office.

3. Are there any medical documents required by the medical marijuana doctor?

The medical marijuana doctor will advise each patient of what type of medical documents are required for documentation of patient’s a pre-existing condition to deem a patient eligible to be entered into the medical marijuana program.

4. What state documents will I need for application process?

All state required documents are not negotiable with the state; for example, certain types of identification such as a passport cannot be accepted by the state. The practice manager of my office will provide a list of all acceptable forms of state required documents to all patients. The office is not responsible for obtaining any of the state required documents for any patient; however, the practice manager of the office can be a very helpful resource to assist patients with advice as to what can be done to obtain certain types of documents for those patients who are unsure of the types of documents required by the state. The practice manager is very familiar with state required documents and provides accurate advice to patients when attempting to obtain the correct documents.

5. What office services are included to process the initial medical marijuana application?

**The practice’s initial services include the following:**

1. Medical evaluation by the medical marijuana doctor including obtaining of any medical documentation necessary to complete the medical evaluation
2. Uploading of all required state documents and a digital photo of the patient applying for a medical marijuana card (i.e., medical form and documents showing legal residency in the state) by the office staff/practice manager
3. Medical marijuana education provided by the office medical educator
4. Electronic prescriptions on 30-day cycles

6. How do prescriptions work in the medical marijuana program?

Prescriptions are all done electronically. A hard copy is not required, although the office will provide each patient with a copy of the registration process with the listed prescriptions. Prescriptions can only be filled at medical dispensaries within the state of New Jersey. The medical marijuana card is an absolute necessity when entering a medical marijuana dispensary so that prescriptions can be accessed. Due to federal laws, retail pharmacies are prohibited from the sales and distribution of medical marijuana.

o Prescriptions are provided to patients at a minimum of a 30-day period and a maximum of 12 X 30 days (12 X 30 days is the most that can be entered at one time by state law); the number of prescriptions will vary based on promotions offered by the office and patient preference during the initial registration process and at the time of renewal of prescriptions. o Prescriptions are entered electronically by the office
o A hard copy of the prescription(s) is not required to be taken to the dispensaries as all dispensaries can access a patient’s profile electronically to determine how many prescriptions are on file for a patient o By law, the physician needs to provide the amount of medical marijuana on a prescription that is to be dispensed/allotted for each 30-day cycle; the type of medical marijuana strains or the type of medical marijuana products are not required to be placed on a prescription by law. o The medical marijuana physician, the office medical marijuana educator and/or the medical marijuana educator at a dispensary can offer suggestions/recommendations as to which strains and products may be helpful to patients. Patients may either follow the advice of physician/educators for selection of medical marijuana strains/products or select the choice of strains/products on their own. o Promotions/special offers for the number of 30-day prescriptions that will be provided to a patient during the registration period or renewal of prescriptions will be determined by the physician of the practice. The medical marijuana doctor has the right to determine the appropriate dose of medical marijuana to be given in a 30-day period. If there is concern for cannabis (marijuana) addiction/dependency, the dose may be reduced, or other actions may be undertaken depending on the circumstance. The maximum amount of medical marijuana that the state has authorized medical marijuana physicians to prescribe for a 30-day period is 3 ounces for non-terminal cancer/illness and an unlimited amount for terminal cancer/illness. Changes in the amount of medical marijuana allotted for a 30 day period can only be changed in the following 30-day cycle and cannot be changed midway through a 30 day period (e.g., 2 ounces for the first 30 day period to 2.5 ounces in 2nd 30 day period). Minors under the age of 18, in general, will not be eligible for doses higher than 1 ounce for a 30-day period. Minors with a diagnosis of anxiety will need to be evaluated by psychiatrist if higher doses are being requested by the minor/family. Minors with cancer will need to be evaluated by the treating oncologist if higher doses are being requested. Specialists will need to contact the office physician to make a request for higher doses which will be taken into consideration by the medical marijuana doctor. Minors with terminal cancer/illnesses may be eligible for higher than 1 ounce in a 30-day period and will be discussed with the parent(s)/guardian and possibly the treating oncologist/physician of the patient at the time of the initial evaluation and/or at the time of follow-up visits.

7. What type/method of payments does the office accept?

• All major debit and/or credit cards • Cash • Money orders

Personal checks are not accepted by practice.

Please note that medical insurances/health care plans do not cover services for medical marijuana including registration for a medical marijuana card, office visits rendered, state fees or medical marijuana prescriptions obtained at medical marijuana dispensaries due to federal laws.

8. Is there a state fee to register for the medical marijuana program?

Yes. The current fee for most patients and caregivers is $102.38. Patients or caregivers who are senior citizens aged 65 and older, military veterans, or anyone who qualifies for the below listed state and federal assistance programs will be eligible to pay a fee of $21.38. The registration period is valid for 2 years (i.e., the card is valid for 2 years). • NJ Medicaid Program • Supplemental Nutrition Assistance Program (SNAP) benefits • NJ Temporary Disability Insurance benefits (TDI) • Supplemental Security Income Benefits (SSI) • Social Security Disability Benefits (SSD) The state fee is collected upfront by the office in addition to the payment made to the practice for services to enroll a patient into the medical marijuana program. The office will then direct the state fee payment to the state in order to provide a seamless and quick process for patients. The state fee must be paid otherwise a card will not be issued by the state. The office is not responsible for paying the required state fee.

9. Under what circumstances will a refund be given?

There are very few circumstances where a full refund would be given in processing of an application for a medical marijuana card. A full refund for office services only including the state fee would be given in the following circumstances: • If a patient is not approved by the state for any reason, which may very rarely occur.

A full refund for office services only excluding the state fee would be given in the following circumstances: • On compassionate basis by the practice: An untimely and/or unexpected death of an individual before the card was mailed to the deceased by the state.

Refunds for office services and the state fee will not be issued to any patient who has already been approved for a card or if a patient has already gone to a medical dispensary to purchase medical marijuana. For patients who are unable to provide the required appropriate documentation for the state where services have already been rendered by the practice, which includes the medical evaluation, the medical marijuana education performed by the office medical marijuana educator, and time spent by the practice manager in assisting patients with uploading required documents to the state, there will be an additional charge of $25 for each time that an unacceptable document as deemed by the state is requested by the patient to be uploaded to the state. There will be no refund if a patient cannot eventually produce appropriate documents. Our goal in the practice is to work with all patients to obtain a medical marijuana card for eligible candidates, which is why the practice manager works diligently with patients to obtain all appropriate documents for the state and uploads all required documents to the state to ensure the process is seamless for all patients.

Transfers: If a patient decides to transfer to another medical marijuana physician practice, the transfer must occur either at the time of approval for a medical marijuana card or receipt of a marijuana card per state requirements. A refund cannot be provided for office services if a transfer to another medical marijuana practice is requested by a patient once the application process has been completed.

10. How often will I be required to return to the office to see the doctor?

The state requires a longitudinal patient-physician relationship to be continued with the medical doctor who has medically certified a patient for the program. A patient in the medical marijuana program must maintain a bona fide relationship with the physician who maintains active certification of the patient in the program Return visits to the doctor in the office are subject to the physician’s discretion as directed by the medical marijuana laws of the state but must be at least at a minimum of once in a 12-month period, but possibly more often depending on the extent and severity of medical conditions of the patient, the development of cannabis dependency, negative interactions of cannabis with other prescribed medications, any untoward effects experienced while using/consuming medical marijuana, for woman of child-bearing years and for minors under the age of 18.

11. Will there be additional fees outside of the initial application?

Additional fees for the practice will include renewal of prescriptions once the initial prescriptions expire, transfers (patients coming from another practice), and for renewal of the medical marijuana card before expiration (card is valid for 2 years). The practice does not charge additionally for required follow-up office visits after the initial encounter to register a patient with the medical marijuana program. The office runs frequent specials and promotions. Please check with the practice manager for discounts on prescription renewals provided by the office. Anyone patient who refers a new patient whether it is a family member or friend who is eligible to enter the medical marijuana program, the patient will be given a 30-day complimentary prescription at the time of renewal of prescriptions. In the practice, there is no limit to new referrals and there is no limit to complimentary prescriptions for new referrals.

12. Once I receive my Medical Marijuana Card where do I purchase Medical Marijuana?

What is a Medical Marijuana Dispensary? A medical dispensary is a location where medical marijuana is dispensed and sold; retail pharmacies, by federal law, are prohibited in the sale of medicinal or recreational marijuana. Patients must always have a valid medical marijuana card and a valid prescription in order to be able to enter a medical dispensary in order to purchase medical marijuana. Once a patient has been issued a medical marijuana card by the state, the patient may enter a dispensary to purchase medical marijuana strains/products. Purchases of medical marijuana must be made from one of the state’s legally approved medical marijuana dispensaries in the state of New Jersey once a patient holds a valid medical marijuana card. It is illegal to purchase marijuana from anywhere other than a medical marijuana dispensary and a person can be subject to legal consequences by law enforcement (i.e., a medical marijuana card does not prevent a controlled substance possession charge if marijuana was purchased outside of medical dispensary). Law enforcement is allowed by the laws and regulations of the state of New Jersey to look up a person in the registry to determine if marijuana products were purchased at medical dispensary in New Jersey. Currently there are 9 medical dispensaries in the state of New Jersey that have been approved and licensed by the state to sell/dispense medical marijuana. There are at least another 3 dispensaries that are in the process of being approved for launching. My practice will notify clients when new dispensaries are open for business in the state. The practice is not responsible for any expenses incurred by a patient with purchases made at any of the medical marijuana dispensaries. There may be certain discounts available at different dispensaries; please check with your local dispensary to see if you are eligible for any discount programs.

13. What if my address changes or I lose my card?

Changes of address or loss of a card must be reported immediately to my office for the appropriate office staff to notify the state.

14. Are there any special circumstances I should be aware of in the program?

• Women who are pregnant or breast feeding are not eligible to enter the medical marijuana program while pregnant or while actively breast feeding. A woman of child-bearing years must ensure the practice that she is not actively pregnant or breast feeding at the time of the initial application. Any female who becomes pregnant while in the medical marijuana program cannot maintain an active medical marijuana card within the practice. Female patients in child-bearing years must report a pregnancy to the doctor’s office immediately. During pregnancy and breast-feeding periods, the medical marijuana card will be temporarily inactivated by the state until confirmation by an obstetrician can be obtained by the practice ensuring that delivery of a newborn has occurred and that breast feeding has been completed, at which time the card will then be reactivated. Reactivation of the card by the state may take up to 48 hours.
The American College of Obstetricians (ACOG) does not routinely recommend marijuana use during pregnancy or during the lactation (breast-feeding) period. NJ state regulations follow the ACOG recommendations regarding pregnancy and breast feeding. The office policy on pregnant females or breast feeding is in accordance with the guidelines of ACOG and NJ state regulations. Patients are free to discuss this topic further with their obstetrician. Male patients must also avoid smoking and vaping around female partners who are pregnant or breast feeding. • All patients must avoid smoking or vaping marijuana around children under the age of 21.

• Patients must update the physician immediately anytime there have been changes in medical conditions or changes made to a person’s medication profile to ensure there are no adverse interactions with medical marijuana. Any person who does not provide accurate medical information or provides misleading medical information about a medical condition or does not disclose information about conditions such as pregnancy/breast feeding will ultimately jeopardize the patient-physician relationship and will be automatically terminated from the medical practice, be rendered inactive within the medical marijuana program and will be reported to the state of NJ. Alteration of the medical marijuana program document (this is the document that shows the status of a patient being active or inactive in the program and/or listed medical condition(s) for which the patient was certified by the medical marijuana doctor) by a patient in order to provide any state program (e.g., DCP & P – Child Protective Services) with information that is false and inaccurate will also be subject to termination from the practice, be rendered inactive in the medical marijuana program and will be reported to the state. No refunds for any previous services rendered will be provided under these circumstances. Patients between the ages of 18-21 must have a parent/guardian accompany the patient to the office for the medical evaluation and have an appropriate document signed by the parent/guardian that they are in support of the patient using medical marijuana.

15. Can the doctor in the practice prescribe other medications to treat chronic pain and or anxiety/PTSD?

No. This practice is not a primary care practice, psychiatric practice or a pain management specialty practice. Although medical marijuana is a form of treatment for chronic pain management and treatment for anxiety/PTSD, this office does not provide any other types of chronic pain management services for patients enrolled in the medical marijuana program inclusive of the prescribing of opioid pain medications (e.g., Percocet, Oxycodone, Fentanyl, Methadone, etc.) or benzodiazepine sedatives (e.g., Xanax, Ativan, Valium, Klonopin, etc.) . Requests for controlled substances such as opiates, sedatives, amphetamines (e.g., Adderall, Ritalin etc.) or any other type of non-controlled medication including antibiotics or psychiatric medications must be requested from the patient’s primary care physician or a psychiatrist. Patients who are enrolled in both medication-assisted therapies (i.e., MAT) for opioid addiction (e.g., suboxone, sublocade, Vivitrol etc.) and the medical marijuana program in the practice may be able to have certain types of psychiatric medications prescribed.

16. When will patients be able to buy edibles?

Currently, edibles are available for all qualifying patients under A20, Jake Honig Compassionate Use Medical Cannabis Act. Thus far only lozenges, mint tablets, gummies, edible oil and tincture are available. More types of edibles will eventually be marketed in dispensaries.

17. Does the state allow individuals to grow marijuana plants at home?

No.

18. Will there be home delivery to patients enrolled in the medical marijuana program?

The Department of Health is committed to providing that option in the future; however, it is not currently available. Some dispensaries may allow a patient to reserve preferred strains/products in a cart which can be picked up on the same day.

19. Is medicinal marijuana covered by Medicaid or any other medical health plans?

No, medicinal marijuana is not a covered service under Medicaid or any other health plans in the State of New Jersey due to federal laws. Credit cards, checks, money orders and health flexible spending accounts are not accepted at dispensaries. Cash is the only method of payment at the dispensaries. There are ATM machines at all dispensaries; however, ATM transaction fees may be higher at the dispensaries than at regular bank ATMs or a personal bank ATMs.

20. Where can a patient who is enrolled in the medical marijuana program smoke/vape/ingest medical marijuana?

The Department notes that smoking medicinal marijuana falls within the definition of "smoking" as set forth in the Smoke Free Air Act at N.J.S.A. 26:3D-57, and is therefore subject to the provisions of the Smoke Free Air Act.

Patients may not: • Operate, navigate, or be in control of any vehicle, aircraft, railroad train, or stationary heavy equipment vessel while under the influence of marijuana. • Patients may not smoke medicinal marijuana: o On a school bus or public form of transportation. o In a private vehicle unless the vehicle is not in operation. o On any school grounds, in any correctional facility, at any public park or beach, at any recreation center. o Any area pursuant to N.J.S.A. 2C:33-13. There are currently no public venues where marijuana can be smoked, vaped or ingested. Use of medical marijuana must restricted to home use.

21. Can I still get a driving under the influence (DUI) while using medical marijuana?

Operating a Motor Vehicle while under the Influence/Impairment: While a person who has been entered into the medical marijuana program has the right to legally possess medical marijuana within the state of New Jersey; however, there are laws in the state that can be enforced by law enforcement in the state of New Jersey to handle persons who are considered to be impaired from the use of medical marijuana while driving. The state recommends that a person should wait at least 2-3 hours at a minimum before operating any vehicle to avoid impairment; however, the time until a person is completely not impaired may vary and may be significantly longer than the state recommended 2-3 hours depending on the different types of medical marijuana strains/products being used/consumed, underlying medical conditions, age of the person and the concurrent use of other medications and other substances including alcohol and/or illegal substances. Similar laws apply to impaired driving whether it be due to the use of medical marijuana or legally/illegally obtained substances and/or alcohol while operating a motor vehicle. As a rule, it is not advisable to smoke, vape or ingest medical marijuana in a vehicle even while not operating a motor vehicle as law enforcement may perceive this as the intent to drive under the influence.

22. How can I purchase medicinal marijuana?

Medical marijuana can be prescribed in ½ ounce denominations by a medical marijuana physician up to a maximum of 3 ounces in a 30-day period for a non-terminal cancers/illnesses or unlimited amount for terminal cancers/illnesses. Medical marijuana is packaged in ¼-ounce or 1/8-ounce denominations at the medical dispensaries (smallest amount that can be purchased is 1/8 ounce). If a patient has a 3 ounce/30day prescription, the patient may purchase multiple strains or products all at once up to a total of 3 ounces or spread the purchases more evenly over a 30-day period. It is generally advisable that a patient should not purchase the entire 3-ounce allotment all at once as marijuana can easily dry up and turn to dust if not stored properly.

If a patient has a 3-ounce allotment but only uses 2 ounces in a 30-day period, the remaining one ounce cannot be transferred to the next 30-day cycle. There is no penalty for not using up the entire amount that is being prescribed for a 30-day period.

Although the state requires that each patient be registered to one dispensary, patients can go to all of the dispensaries in the state to purchase medical marijuana.

23. What should I do if I am subjected to a drug test by an employer?

You should be familiar with your employer’s policies on drug testing and know how it applies to you. Questions about employer policies should be directed to your human resources department. Under the recent amendment of the New Jersey Compassionate Use of Medical Marijuana Act, employees and job applicants who use lawful medicinal marijuana off premises and during non-working hours are now expressly protected from discrimination. The amended law prohibits employers from taking adverse employment action against an employee or applicant “based solely on the employee’s status” as a registered medical marijuana patient. The new law defines “adverse employment action” as “refusing to hire or employ an individual, barring or discharging an individual from employment, requiring an individual to retire from employment, or discriminating against an individual in compensation, or in any terms, conditions, or privileges of employment”. These amendments pertain to New Jersey-based enterprises and may not pertain to out-of-state enterprises that employ individuals within the state of New Jersey.

24. How can I be a caregiver and how can I obtain a caregiver card?

Caregiver cards can be a fairly complex process and, therefore, I will defer this question to the practice manager as the rules and regulations may change regarding this issue.

25. How can a minor under the age of 18 obtain a medical marijuana card?

As a rule, minors are additionally required by the state of New Jersey to obtain a letter from a treating pediatrician and in some cases a treating psychiatrist to support the use of medical marijuana for a medical condition. A family member or a guardian will need to also obtain a care giver card.

As this can be a relatively complex process, I will defer further questions to the practice manager to assist families.

26. Is New Jersey is a recreational marijuana state?

As of February 22, 2021 the State of New Jersey has legalized weed, however there will be some time before it is availble. Please follow the State of New Jersey for updates on this. https://www.app.com/story/news/local/new-jersey/marijuana/2021/02/22/nj-weed-legal-gov-phil-murphy-law-marijuana-sales-2021/4544939001/

27. What is the cost of medical marijuana in the dispensary?

Prices vary tremendously from dispensary to dispensary and can vary with different products. Dispensaries can be contacted for pricing.

28. Is marijuana (medical and or recreational) federally illegal?

Yes, it is federally illegal. Marijuana is a Schedule 1 drug on the Controlled Substance Act (CSA) which means it is considered a drug with no medicinal use/value and high abuse potential. Marijuana was classified as a Schedule 1 drug during the administration of President Richard Nixon in the early 1970s and Congress passed the Controlled Substance Act in 1971. Ever since 1971, marijuana has remained a Schedule 1 drug and is considered federally illegal. The Drug Enforcement Agency (DEA) and the Food and Drug Administration (FDA) have been working collaboratively on attempting to conduct studies using medicinal grade marijuana and to provide evidence/information to positively reinforce the benefits of marijuana in medical conditions. A major fundamental change in policy was accomplished several years ago by the collaborative efforts of the DEA and FDA when it was decided to allow the use of medical grade marijuana from approved cannabis cultivators approved by the DEA for research purposes whether conducted by research companies or by pharmaceutical companies. Prior to this new change in 2016, research was conducted using only marijuana provided from the federal dispensary/reserve in the state of Mississippi and often the grade of marijuana was less than optimal.

29. Can I travel by car from state to state with medical marijuana purchased from the state of New Jersey or can I fly with medical marijuana?

The quick answer is no. The state of New Jersey only legally protects patients who are registered in the Medical Marijuana Program of New Jersey within the state of New Jersey. Patients in the New Jersey program may travel anywhere within the state of New Jersey with medical marijuana purchased from New Jersey dispensaries. Patients who cross the state line into another state either by car of flight with medical marijuana purchased from New Jersey can be subject to possession charges in another state. Flying with medical marijuana regardless of which state the medical marijuana was purchased from is considered illegal as aviation is under federal laws and regulations and can result in legal consequences.

30. What is the meaning of reciprocity in relation to medical marijuana?

Reciprocity with regards to medical marijuana means that certain states may accept the New Jersey medical marijuana card and New Jersey can alternatively accept that same state’s medical marijuana card in the state of New Jersey. For example, a patient from New Jersey traveling to the state of Rhode Island can present the New Jersey medical marijuana card to a medical dispensary in Rhode Island and can purchase medical marijuana. The amount of marijuana that can be purchased is subject to regulations of the Medicinal Marijuana Laws of the other state. However, once a New Jersey resident purchases medical marijuana from a reciprocal state, the medical marijuana must be consumed in that state and cannot be taken out of that state as this is considered federally illegal and can lead to legal consequences upon entering another state. When medical marijuana is purchased from reciprocal states regardless of the amount allowed by law, New Jersey residents are still allowed to purchase the maximum of 3 ounces for the same 30-day period as it does not impact the amount allowed for the 30-day period in the state of New Jersey. Not all states have reciprocity with New Jersey although there is a growing number of states/territories that allow reciprocity. States or territories of the United States that allow reciprocity with the state of New Jersey are the following:

• Rhode Island
• District of Columbia
• California
• Colorado
• Nevada
• Arizona
• Hawaii
• Puerto Rico

Reciprocity may change and it is best advised that a person traveling to one these states/territories should check with the medical marijuana program in the state of New Jersey to see if reciprocity is still in effect and if other states have entered agreements with the state of New Jersey to allow reciprocity.

31. How is over the counter CBD different from CBD in medical marijuana?

Over the counter (OTC) CBD (cannabidiol) is sold by various entities and became legal in November of 2018 when President Donald J. Trump signed a bill into law allowing all 50 states of the United States to sell CBD oils. Over the counter CBD oils and products containing these CBD oils is derived from the hemp plant and not from the marijuana plant. Therefore, the potency of CBD derived from hemp is far less than CBD obtained from marijuana. Also, the FDA categorized CBD products as food supplements and restricted the strength of CBD that could be sold. The CBD content from hemp sold over the counter must be 3.5 % or less and since THC often accompanies CBD in products, THC potency was limited to 0.3% or less by the FDA. Both CBD and THC are much more potent when derived from medical marijuana and can contain as much as 20-30% of either of these compounds. Also, hemp plant growth is not highly regulated and therefore, the production of CBD products is also not highly regulated. The concerns with CBD from hemp growth can be great ranging from pesticide use on hemp during growth with CBD products being contaminated with pesticides or other chemicals, contamination of water or soil during growth with arsenic or other heavy metals and lastly, the concerns of legitimate CBD in products as manufacturers of CBD products have been found in the past to use other types of oils in products that have included vegetable oils and other types of industrial strength oils other CBD oil. Medical marijuana in the state of New Jersey is highly regulated by the Department of Health of New Jersey. Medical marijuana plants are regulated for contamination of soil and water containing the possibility of heavy metals such as arsenic, regulated for pesticide use which is not allowed for the growth of any plant in any dispensary, and infestation from bugs, mites, molds, and/or parasites. Any contaminated plant would be immediately discarded and never used for human consumption.

32. Is my medical information HIPAA protected when I enroll in the medical marijuana program?

Yes medical information is HIPAA protected. The state does not share or provide medical information about patients registered in the program to third parties or health care agencies. While law enforcement is allowed by law to look a patient up in the registry to see if a patient has purchased marijuana from a New Jersey medical marijuana dispensary, law enforcement cannot access the medical condition(s) of a patient, they are only allowed to access the patient’s purchase history.

33. Can I own a gun or purchase a gun once I have enrolled into the program?

The legal possession of guns within the state of New Jersey is allowed for members of the medical marijuana program provided the gun(s) were purchased before the patient was enrolled into the medical marijuana program. There is no cross referencing by the state to determine if the patient owns a gun. However, once a patient is enrolled into the medical marijuana program, there is cross refencing and gun purchases cannot be made.