One court in New Jersey has enforced that provision to compel a mental health treatment provider to continue providing medical treatment. In the case of L.G. v. High Focus Centers, after the defendant informed the patient that it would stop providing intensive outpatient mental health treatments for his anxiety, depression and suicidal thoughts because he had obtained his medical marijuana card, the Morris County Chancery court, relying on the clear protection in the CUMMA, issued an emergent temporary order compelling the facility to continue to provide the life sustaining treatments.
That case was resolved by the parties soon after it was started, but it potentially raises a significant conflict between the CUMMA and a recent pronouncement by a federal agency.
At the end of last year, the Federal Substance Abuse and Mental Health Services Agency (SAMHSA), which oversees the distribution of federal funds to treat substance abuse and mental health disorders, began requiring that all grant recipients certify that all programs receiving SAMHSA funds comply with the following statement:
“SAMHSA grant funds may not be used to […] [d]irectly or indirectly, purchase, prescribe, or provide marijuana or treatment using marijuana. Treatment in this context includes the treatment of opioid use disorder. Grant funds also cannot be provided to any individual who or organization that provides or permits marijuana use for the purposes of treating substance use or mental disorders.”