New Jersey

Navigating New Jersey State Laws:

Patients and Caregivers: Enrolling and Accessing Medical Cannabis

Medical Professionals: Procedures for recommending Medical Cannabis

Policymakers and Advocates: Actions Needed to Improve Laws for Patients

NOTICE: It can be challenging for patients to determine which businesses offering cannabis products are licensed and approved by the state. Review this list of medical cannabis retailers and/or a list of adult use retailers to find out where to purchase regulated cannabis in New Jersey. 

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Background on State Laws

Cannabis is legal to all adults over 21 in New Jersey; it is one of the few states that has not allowed home cultivation alongside recreational sales. Even patients and caregivers are not allowed to grow at home. As a registered patient in New Jersey, you will have an affirmative defense in court if you are arrested for the possession of cannabis. Patients report high prices and few dispensaries present barriers to access. Visitors from out of state with a valid medical cannabis card have all the benefits of New Jersey Patients for a period of six months. In 2019, the Jake Honig Compassionate Use Medical Cannabis Act extended cost-saving and flexibility provisions. Details on how these laws apply to patients and medical professionals can be found below.

In 2019, S4154 established the expungement of low-level cannabis crimes and set up an “automated clean slate process” to seal certain records. For more information refer to the website of the New Jersey Courts.

Here is a breakdown of how New Jersey fared in ASA’s Annual State of the States Report, which evaluates the effectiveness of each state cannabis program from a patient perspective and assigns a grade using a rubric that reflects the key issues affecting patient access. Medical cannabis laws are constantly changing, ASA’s policy recommendations for New Jersey can be found below. For policy updates Sign Up here or Take Action!

Patient Rights and Civil Protections	70/100
Arrest Protection 25/25 Affirmative Defense 20/20 Parental Rights Protections 0/20 DUI Protections 0/10 Employment Protections 20/20 Explicit Privacy Standards 5/5
Access to Medicine	55/100
Authorizes Retail Access 10/10 Alternative Accessibility Methods 20/20 - Authorizes Delivery 10/10 - Authorizes Curbside Pickup 10/10 Personal Cultivation 0/15 Collective Gardening 0/5 Sufficient Number of Licensed Retailers 5/30 Reciprocity 20/20
Program Functionality	76/100
Legal Protections Within Reasonable Time Frame 16/20 Reasonable Possession Limits 10/10 Reasonable Purchase Limits 5/10 Telemedicine for Physician Certifications 8/15 Patient and Physician Representation in Program Decision Making 15/20 Reasonable Caregiver Standards 2/5 - Background Checks 0/2 - Number of Caregivers 2/3 Reasonable Physician Standards 5/5 Access to Administration Methods 10/10 - Allows Dried Flower 5/5 - Allows Edibles, Concentrates, and Other Forms 5/5 Provides Access to Minors on School Grounds 5/5
Affordability	63/100
Sales Tax Break for Patients and Caregivers 16/20 Covered by State Insurance or Health Aid 7/20 Reasonable Registration Fees 20/20 Financial Hardship Waivers or Discounts 10/20 Donation Program 0/10 Allows Multi-Year Registrations 10/10
Health and Social Equity	58/100
State Program Protections 25/25 Housing Protections 0/25 Access for Minors 8/10 Access in Underserved Areas 2/10 List of Qualifying Conditions is Exhaustive or All Inclusive 9/10 Allows Patients to Medicate Where they Choose 4/10 Organ Transplants 5/5 Ownership or Employment Restrictions 5/5
Consumer Protection and Product Safety	151/200
Cultivation Operations 41/50 Quality Management Systems 10/10 Staff Training 10/10 Standard Operating Procedures 8/8 - Facility and Equipment Sanitation 1/1 - Workplace Safety 1/1 - Storage 1/1 - Batch and Lot Tracking 1/1 - Security 1/1 - Waste Disposal 1/1 - Water Management 1/1 - Records Management 1/1 Pesticide Usage Limitations 2/2 Environmental Impact Regulations 2/2 Required Testing 5/8 - Cannabinoids 1/1 - Terpenes 0/1 - Microbials 1/1 - Aflatoxins 0/1 - Pesticides 1/1 - Heavy Metals 1/1 - Foreign Matter 1/1 - Moisture Content/ Water Activity 0/1 Packaging and Labeling 1/3 - Cannabinoids 1/1 - Terpenes 0/1 - Pesticides 0/1 Complaints, Adverse Event Reporting, and Recall Protocol 3/7 Manufacturing Operations 41/50 Quality Management Systems 10/10 Staff Training 10/10 Standard Operating Procedures 7/7 - Facility and Equipment Sanitation 1/1 - Workplace Safety 1/1 - Storage 1/1 - Batch and Lot Tracking 1/1 - Security 1/1 - Waste Disposal 1/1 - Records Management 1/1 Environmental Impact Regulations 3/3 Required Testing 6/10 - Cannabinoids 1/1 - Terpenes 0/1 - Microbials 1/1 - Aflatoxins 0/1 - Pesticides 1/1 - Heavy Metals 1/1 - Residual Solvents 1/1 - Homogeneity 0/1 - Foreign Matter 1/1 - Water Activity 0/1 Packaging and Labeling 2/5 - Cannabinoids 1/1 - Terpenes 0/1 - Ingredients 1/1 - Allergens 0/1 - Nutritional Content 0/1 Complaints, Adverse Event Reporting and Recall Protocol 3/5 Dispensary Operations 34/50 Staff Training 20/20 Standard Operating Procedures 7/7 - Facility Sanitation 1/1 - Workplace Safety 1/1 - Storage 1/1 - Batch and Lot Tracking 1/1 - Security 1/1 - Waste Disposal 1/1 - Records Management 1/1 Product Testing 0/10 - Product Meets Requirements Before Sale 0/5 - COA Disclosure 0/5 Complaints, Adverse Event Reporting and Recall Protocol 7/13 Laboratory Operations 35/50 Independent or Third-Party 5/5 Laboratory Sampling 0/5 Method Validation 4/4 Quality Management Systems 5/5 Staff Training 10/20 Standard Operating Procedures 7/7 - Facility and Equipment Sanitation 1/1 - Equipment and Instrument Calibration 1/1 - Workplace Safety 1/1 - Sample Tracking 1/1 - Security 1/1 - Waste Disposal 1/1 - Records Management 1/1 Result Reporting 4/4
Score Penalties	20/100
Gives Regulatory Preference to Adult Use 20/20 Classifies Cannabis as a Medicine of Last Resort 0/15 Administrative or Supply Problems 0/15 Requires Vertical Integration 0/10 Creates New Criminal Penalties for Patients 0/10 Limits Patients to a Single Retailer 0/10 No System for Adding Qualifying Conditions 0/10 Imposes Bans or Limits on THC 0/5 Imposes Bans or Limits on CBD 0/5
Excerpted from ASA's 2022 State of the States Report.