New Jersey § 24:6i-10

§ 24:6i-10.

a. A health care practitioner shall provide written instructions for a registered

qualifying patient or the patient's designated caregiver, or an institutional caregiver

acting on behalf of the patient, to present to a medical cannabis dispensary or a

clinical registrant concerning the total amount of usable cannabis that a patient

may be dispensed, in weight, in a 30-day period, which amount shall not exceed the

maximum amount that may be authorized for the patient pursuant to subsection f. of

this section. b. A health care practitioner may issue multiple written instructions at one time

authorizing the patient to receive a total of up to a one-year supply, provided that

the following conditions are met: (1) Each separate set of instructions shall be issued for a legitimate medical purpose

by the health care practitioner, as provided in P.L.2009, c. 307 ( C.24:6I-1 et al.); (2) Each separate set of instructions shall indicate the earliest date on which a

dispensary or clinical registrant may dispense the cannabis, except for the first

dispensation if it is to be filled immediately; and (3) The health care practitioner has determined that providing the patient with multiple

instructions in this manner does not create an undue risk of diversion or abuse. c. A registered qualifying patient or the patient's designated caregiver, or an institutional

caregiver acting on behalf of a qualifying patient, shall present verification of

the patient's or caregiver's registration with the commission, as applicable, and

these written instructions to any medical cannabis dispensary or clinical registrant

at the time the patient or caregiver requests the dispensing or delivery of medical

cannabis, which medical cannabis dispensary or clinical registrant shall verify and

log the documentation presented. An institutional caregiver shall additionally present an authorization executed

by the patient certifying that the institutional caregiver is authorized to obtain

medical cannabis on behalf of the patient. A health care practitioner may provide a copy of a written instruction by electronic

or other means, including, but not limited to, telemedicine and telehealth, as determined by the commission, directly to a medical cannabis dispensary or a clinical

registrant on behalf of a registered qualifying patient. The dispensation of medical cannabis pursuant to any written instructions shall occur

within one year of the date that the instructions were written or become eligible

for dispensing, whichever is later, or the instructions are void. d. (Deleted by amendment, P.L.2019, c. 153 ) e. Prior to dispensing medical cannabis to a qualifying patient, the patient's designated

caregiver, or an institutional caregiver, the medical cannabis dispensary or clinical

registrant shall access the system established pursuant to section 11 of P.L.2009, c. 307 ( C.45:1-45.1 ) to ascertain whether medical cannabis was dispensed to or on behalf of the patient

by any medical cannabis dispensary or clinical registrant within the preceding 30

days. Upon dispensing medical cannabis to a qualifying patient, the patient's designated

caregiver, or an institutional caregiver, the medical cannabis dispensary or clinical

registrant shall transmit to the patient's health care practitioner information concerning

the amount, strain, and form of medical cannabis that was dispensed. f. (1) Except as provided in paragraph (2) of this subsection, for a period of 18

months after the effective date of P.L.2019, c. 153 ( C.24:6I-5.1 et al.), 1 the maximum amount of usable cannabis that a patient may be dispensed, in weight,

in a 30-day period, shall be three ounces. Commencing 18 months after the effective date of P.L.2019, c. 153 ( C.24:6I-5.1 et al.), the maximum amount of usable cannabis that a patient may be dispensed shall

be prescribed by the commission by regulation. (2) The monthly limits set forth in paragraph (1) of this subsection shall not apply

to patients who are terminally ill or who are currently receiving hospice care through

a licensed hospice, which patients may be dispensed an unlimited amount of medical

cannabis. Qualifying patients who are not receiving hospice care or who are not terminally

ill may petition the commission, on a form and in a manner as the commission shall

require by regulation, for an exemption from the monthly limits set forth in paragraph

(1) of this paragraph, which petition the commission shall approve if the commission

finds that granting the exemption is necessary to meet the patient's treatment needs

and is consistent with the provisions of P.L.2009, c. 307 ( C.24:6I-1 et al.). g. The commission shall establish, by regulation, curricula for health care practitioners

and for staff at medical cannabis dispensaries and clinical registrants: (1) The curriculum for health care practitioners shall be designed to assist practitioners

in counseling patients with regard to the quantity, dosing, and administration of

medical cannabis as shall be appropriate to treat the patient's qualifying medical

condition. Health care practitioners shall complete the curriculum as a condition of authorizing

patients for the medical use of cannabis; and (2) The curriculum for employees of medical cannabis dispensaries and clinical registrants

shall be designed to assist the employees in counseling patients with regard to determining

the strain and form of medical cannabis that is appropriate to treat the patient's

qualifying medical condition. Employees of medical cannabis dispensaries and clinical registrants shall be required

to complete the curriculum as a condition of registration with the commission. Completion of the curriculum may constitute part of the annual training required

pursuant to paragraph (1) of subsection j. of section 7 of P.L.2009, c. 307 ( C.24:6I-7 ). h. Commencing July 1, 2020, the amount of the sales tax that may be imposed under

the “Sales and Use Tax Act,” P.L.1966, c. 30 ( C.54:32B-1 et seq. ) on medical cannabis dispensed by a medical cannabis dispensary or clinical registrant

shall not exceed four percent. Commencing July 1, 2021, the amount of the sales tax that may be imposed under the

“Sales and Use Tax Act,” P.L.1966, c. 30 ( C.54:32B-1 et seq. ) on medical cannabis dispensed by a medical cannabis dispensary or clinical registrant

shall not exceed two percent. Commencing July 1, 2022, medical cannabis dispensed by a medical cannabis dispensary

or clinical registrant shall not be subject to any tax imposed under the “Sales and

Use Tax Act,” P.L.1966, c. 30 ( C.54:32B-1 et seq. ). Any revenue collected pursuant to a tax imposed on the sale of medical cannabis under

the “Sales and Use Tax Act,” P.L.1966, c. 30 ( C.54:32B-1 et seq. ), shall be exclusively appropriated to programs for the treatment of mental health

and substance use disorders. i. A municipality in which a medical cannabis dispensary is located may adopt an ordinance

imposing a transfer tax on any medical cannabis dispensed by the dispensary, including

medical cannabis that is furnished by the dispensary to a medical cannabis handler

for delivery to a registered qualifying patient or the patient's caregiver. The rate of a transfer tax established pursuant to this subsection shall be at the

discretion of the municipality, except that in no case shall the rate exceed two percent

of the purchase price of the medical cannabis. 1

L.2019, c. 153, eff. July 2, 2019.