In the wake of Governor Phil Murphy’s Executive Order 6 and subsequent issuance by the New Jersey Department of Health (the “Department”) of its report on the expansion of the State’s medical marijuana program, prospective New Jersey patients continue to seek entry into the existing framework. Currently, the State is attempting to serve approximately 22,000 patients via only five operating dispensaries (with a sixth to open in the near future, pending final approval from the Department). In an effort to meet seemingly exponential demand, many patients, lawmakers and medical professionals are focused on expanding access under the existing program – most recently evidenced by the introduction earlier this month of Senate Bill No. 2426 (the “Bill”), a bi-partisan bill sponsored by Senators Joseph Vitale (D-Middlesex), Nicholas Scutari (D-Union) and Declan O’Scanlon (R-Monmouth).
Through a combination of new regulations and amendments to the existing New Jersey Compassionate Use Medical Marijuana Act (the “Act”), the Bill seeks primarily to increase patient access to medical marijuana and to address increasing demand through the licensing of additional cultivation facilities and dispensaries across the State. With a specific eye toward expansion, the Bill proposes to increase the number of alternative treatment centers (“ATCs”) to 40 licensed medical marijuana dispensaries and 12 medical marijuana cultivator-processors, evenly distributed across the State. The Bill would also allow license holders to operate from more than one physical location, thereby increasing the scope of service of these facilities. Licenses would be valid for three years, renewable on a biennial basis, and would be transferrable upon Department approval of the proposed transferee.