New Jersey § 24:6i-6

§ 24:6i-6.

a. The provisions of N.J.S.2C:35-18 shall apply to any qualifying patient, designated caregiver, institutional caregiver, health care facility, medical cannabis cultivator, medical

cannabis manufacturer, medical cannabis dispensary, medical cannabis handler, health

care practitioner, academic medical center, clinical registrant, testing laboratory , or any other person acting in accordance with the provisions of P.L.2009, c. 307 ( C.24:6I-1 et al.) or P.L.2015, c. 158 ( C.18A:40-12.22 et al.). b. A qualifying patient, designated caregiver, institutional caregiver, health care facility, medical cannabis cultivator, medical

cannabis manufacturer, medical cannabis dispensary, medical cannabis handler, health

care practitioner, academic medical center, clinical registrant, testing laboratory , or any other person acting in accordance with the provisions of P.L.2009, c. 307 ( C.24:6I-1 et al.) or P.L.2015, c. 158 ( C.18A:40-12.22 et al.) shall not be subject to any civil or administrative penalty, or denied any

right or privilege, including, but not limited to, civil penalty or disciplinary action

by a professional licensing board, related to the medical use of cannabis as authorized under P.L.2009, c. 307 ( C.24:6I-1 et al.) or P.L.2015, c. 158 ( C.18A:40-12.22 et al.). c. Registration with the commission , or application for registration by the commission , shall not alone constitute probable cause to search the person or the property of

the registrant or applicant , or otherwise subject the person or the person's property to inspection by any governmental agency. d. The provisions of section 2 of P.L.1939, c. 248 ( C.26:2-82 ), relating to destruction of cannabis determined to exist by the commission , shall not apply if a qualifying patient , designated caregiver, or institutional caregiver is registered with the commission and is in possession of no more than the maximum amount of usable cannabis that may be obtained in accordance with section 10 of P.L.2009, c. 307 ( C.24:6I-10 ). e. No person shall be subject to arrest or prosecution for constructive possession,

conspiracy , or any other offense for simply being in the presence or vicinity of the medical

use of cannabis as authorized under P.L.2009, c. 307 ( C.24:6I-1 et al.) or P.L.2015, c. 158 ( C.18A:40-12.22 et al.). f. No custodial parent, guardian, or person who has legal custody of a qualifying

patient who is a minor shall be subject to arrest or prosecution for constructive

possession, conspiracy , or any other offense for assisting the minor in the medical use of cannabis as authorized under P.L.2009, c. 307 ( C.24:6I-1 et al.) or P.L.2015, c. 158 ( C.18A:40-12.22 et al.). g. For the purposes of medical care, including organ transplants, a qualifying patient's

authorized use of medical cannabis in accordance with the provisions of P.L.2009, c. 307 ( C.24:6I-1 et al.) and P.L.2015, c. 158 ( C.18A:40-12.22 et al.), shall be considered equivalent to the authorized use of any other medication

used at the direction of a health care practitioner, and shall not constitute the

use of an illicit substance or otherwise disqualify a qualifying patient from needed

medical care. h. No public or private school or institution of higher education may refuse to enroll

a person based solely on the person's status as a registrant with the commission,

unless failing to do so would result in the school or institution losing a monetary

or licensing-related benefit granted pursuant to federal law. No public or private school or institution of higher education shall be penalized

or denied any benefit under State law solely on the basis of enrolling a person who

is registered with the commission. i. No person shall refuse to rent, lease, or sublease any real property or part or

portion thereof, or discriminate in the terms, conditions, or privileges of the rental

or lease of any real property or part or portion thereof or in the furnishing of facilities

or services in connection therewith, based solely on the status of the prospective

tenant as a registrant with the commission, unless failing to do so would result in

the person losing a monetary or licensing-related benefit granted pursuant to federal

law. No such person shall be penalized or denied any benefit under State law solely on

the basis of renting or leasing real property to a person who is registered with the

commission. j. No person shall be denied, or subject to adverse action in connection with, any

license, certification, or permit issued pursuant to State law solely based on the

person's status as a registrant with the commission, unless issuance or continuance

of the license, certification, or permit would result in the licensing or permitting

agency losing federal certification, federal funding, or other benefits granted pursuant

to federal law. k. (1) Unless failing to do so would result in the health care facility losing a monetary

or licensing-related benefit granted pursuant to federal law, a health care facility

that employs or maintains a professional affiliation with a health care practitioner

shall not take adverse employment action against the health care practitioner or otherwise

limit, restrict, or terminate a professional affiliation with the health care practitioner

solely based on the health care practitioner engaging in conduct authorized under P.L.2009, c. 307 ( C.24:6I-1 et al.), including, but not limited to, authorizing patients for the medical use

of cannabis, issuing written instructions pursuant to section 10 of P.L.2009, c. 307 ( C.24:6I-10 ), and consulting with patients regarding the use of medical cannabis to treat the

patient's qualifying medical condition. (2) No health care facility shall be penalized or denied any benefit under State law

solely on the basis of employing or maintaining a professional affiliation with a

health care practitioner who engages in conduct authorized under P.L.2009, c. 307 ( C.24:6I-1 et al.). l . Unless failing to do so would result in the insurer or insurance association losing

a monetary or licensing-related benefit granted pursuant to federal law, an insurer

or insurance association authorized to issue medical malpractice liability insurance

in New Jersey shall not deny coverage to a health care practitioner, increase the

amount of premiums or deductibles under the policy, or charge any additional fees

in connection with the policy, solely based on the health care practitioner engaging

in conduct authorized under P.L.2009, c. 307 ( C.24:6I-1 et al.), including, but not limited to, authorizing qualifying patients for the medical

use of cannabis, issuing written instructions pursuant to section 10 of P.L.2009, c. 307 ( C.24:6I-10 ), and consulting with patients regarding the use of medical cannabis to treat a qualifying

medical condition. No insurer or insurance association shall be penalized or denied any benefit under

State law solely on the basis of providing medical malpractice liability insurance

to a health care practitioner who engages in conduct authorized under P.L.2009, c. 307 ( C.24:6I-1 et al.). m. A person's status as a registered qualifying patient, a designated or institutional

caregiver, or an owner, director, officer, or employee of a medical cannabis cultivator,

medical cannabis manufacturer, medical cannabis dispensary, clinical registrant, or

licensed testing laboratory, or as a certified medical cannabis handler, shall not

constitute the sole grounds for entering an order that restricts or denies custody

of, or visitation with, a minor child of the person. n. (1) No health care facility shall be penalized or denied any benefit under State

law solely for permitting or prohibiting the handling, administration, usage, or storage

of medical cannabis, provided that the facility's policies related to medical cannabis

are consistent with all other facility policies concerning medication handling, administration,

usage, or storage. (2) No health care facility shall be penalized or denied any benefit under State law

solely for prohibiting the smoking of medical cannabis on facility property in accordance

with the facility's smoke free policy. o . No action or proceeding by the Division of Child Protection and Permanency in the

Department of Children and Families shall be initiated against a pregnant woman or

against the parent or legal guardian of minor child on the sole grounds that the pregnant

woman or the parent or legal guardian is a registered qualifying patient, a designated

or institutional caregiver, an owner, director, officer, or employee of a medical

cannabis cultivator, medical cannabis manufacturer, medical cannabis dispensary, clinical

registrant, or licensed testing laboratory, or a certified medical cannabis handler;

provided, however, that nothing in this subsection shall preclude any action or proceeding

by the division based on harm or risk of harm to a child.