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A1023
ASSEMBLY, No. 1023
STATE OF NEW JERSEY
222nd LEGISLATURE
�
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Assemblyman BALVIR SINGH
District 7 (Burlington)
SYNOPSIS
���� Requires workers' compensation, PIP, and health
insurance coverage for the medical use of cannabis under certain circumstances.
CURRENT VERSION OF TEXT
���� Introduced Pending Technical Review by Legislative
Counsel.
��
An Act
concerning
the
medical
use of cannabis
and insurance coverage,
amending P.L.2009, c.307, and supplementing various parts of the statutory law.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.��� Section 16 of P.L.2009,
c.307 (C.24:6I-14) is amended to read as follows:
���� 16.�
a.
�� Nothing in
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 be construed to require a government medical assistance program or
private health insurer to reimburse a person for costs associated with the
medical use of cannabis, or to restrict or otherwise affect the distribution,
sale, prescribing, and dispensing of any product that has been approved for
marketing as a prescription drug or device by the federal Food and Drug
Administration.
����
b.��� Notwithstanding the
provisions of subsection a. of this section, an employer or workers�
compensation insurance carrier or private passenger automobile insurance
carrier shall provide coverage for costs associated with the medical use of
cannabis pursuant to P.L.��� , c.��� (C.������ ) (pending before the
Legislature as this bill) except that an employer or carrier shall not be
required to provide coverage for costs associated with the medical use of
cannabis upon intervention by the federal government to enforce the "Controlled
Substances Act" (21 U.S.C. s.801 et seq.).
(cf: P.L.2019, c.153, s.22)
���� 2.��� (New section)� The
Legislature finds and declares that scientific data indicate that medical cannabis
has significant medical value when used in the treatment of certain injuries
and diseases, including pain relief, control of nausea and vomiting, and
appetite stimulation.� Cannabis also has potential therapeutic value from
effects such as anxiety reduction, sedation, and euphoria.� Scientific studies
have found that cannabis is effective in relieving some of the symptoms of
HIV/AIDS, cancer, glaucoma, and multiple sclerosis.� Other studies have
suggested that medical cannabis legalization may lead to decreased prescription
opioid abuse.
���� Although medical cannabis has
many useful therapeutic benefits, its use is limited because its costs are not
covered by insurance.� By requiring coverage for medical cannabis under
workers� compensation and private passenger automobile insurance, access to
these benefits will be expanded.� Additionally, medical cannabis may lower
costs for insurers by providing a more economical alternative to more expensive
and risky drugs such as opioids.
���� 3.��� (New section)��� a.�� Personal
injury protection benefits provided pursuant to section 4 of P.L.1972, c.70
(C.39:6A-4) or section 4 of P.L.1998, c.21 (C.39:6A-3.1) shall include coverage
for costs associated with the medical use of cannabis provided that the
insured
is a qualifying patient authorized for the medical use of cannabis pursuant to
P.L.2009, c.307 (C.24:6I-1 et al).
���� b.��� A private passenger
automobile insurer shall not be required to provide coverage for costs
associated with the medical use of cannabis upon intervention by the federal
government to enforce the "Controlled Substances Act" (21 U.S.C.
s.801 et seq.).
���� c.��� Notwithstanding any
provision of the insurance policy to the contrary, if for any reason payment by
the insurer to the medical cannabis dispensary is not feasible, the insurer
shall remit directly to the insured the costs for any benefits associated with
the medical use of cannabis upon proof of payment by the insured to the medical
cannabis dispensary.
���� 4.��� (New section)� a.� Workers�
compensation benefits paid by any employer or a workers' compensation insurance
carrier of an employer for an injury to an employee under R.S.34:15-1 et seq.
shall include coverage for costs associated with the medical use of cannabis provided
that the employee is a qualifying patient authorized for the medical use of cannabis
pursuant to P.L.2009, c.307 (C.24:6I-1 et al).
���� b.��� An employer or workers�
compensation insurance carrier shall not be required to provide coverage for
costs associated with the medical use of cannabis upon intervention by the
federal government to enforce the "Controlled Substances Act" (21 U.S.C.
s.801 et seq.).
���� c.��� Notwithstanding any
provision of the employer�s plan or insurance policy to the contrary, if for
any reason payment by the employer or carrier to the medical cannabis
dispensary is not feasible, the employer or carrier shall remit directly to the
employee the costs for any benefits associated with the medical use of cannabis
upon proof of payment by the employee to the medical cannabis dispensary.
����� 5.�� (New
section)�� a.�� A carrier that offers a health benefits plan in this State
shall provide coverage for costs associated with the medical use of cannabis
provided that the covered person is a qualifying patient authorized for the
medical use of cannabis pursuant to P.L.2009, c.307 (C.24:6I-1 et al).
����� b.�� A
carrier shall not be required to provide coverage for costs associated with the
medical use of cannabis upon intervention by the federal government to enforce
the "Controlled Substances Act" (21 U.S.C. s.801 et seq.).
����� c.�� Notwithstanding
any provision of the health benefits plan to the contrary, if for any reason
payment by the carrier to the medical cannabis dispensary is not feasible, the
carrier shall remit directly to the covered person the costs for any benefits
associated with the medical use of cannabis upon proof of payment by the
covered person to the medical cannabis dispensary.
����� d.�� As
used in this section:
����� "Carrier"
means an insurance company, health service corporation, hospital service
corporation, medical service corporation, or health maintenance organization
authorized to issue health benefits plans in this State or any entity
contracted to administer health benefits in connection with the State Health
Benefits Program or School Employees' Health Benefits Program.
���� 6.��� This act shall take
effect on the 90th day next following enactment.
STATEMENT
���� This bill requires workers�
compensation, personal injury protection (PIP), and health insurance coverage
for the medical use of cannabis under certain circumstances.
���� The bill provides that
personal injury protection automobile insurance benefits, workers� compensation
benefits, and health benefits plans must include coverage for costs associated
with the medical use of cannabis, provided that the insured, employee, or
covered person is a qualifying patient authorized for the medical use of
cannabis pursuant to the �Jake Honig Compassionate Use Medical Cannabis Act,�
P.L.2009, c.307 (C.24:6I-1 et al).
���� In addition, the bill provides
that an employer or workers� compensation insurance carrier, private passenger
automobile insurance carrier, or health insurance carrier is not required to
provide coverage or benefits for costs associated with the medical use of cannabis
upon intervention by the federal government to enforce of the federal "Controlled
Substances Act" (21 U.S.C. s.801 et seq.).
���� Lastly, the bill provides that
an employer, insurer, or health insurance carrier shall, if for any reason
payment by the employer, insurer, or health insurance carrier to the medical
cannabis dispensary is not feasible, remit directly to the insured, employee,
or covered person the costs for any benefits associated with the medical use of
cannabis upon proof of payment by the insured, employee, or covered person to
the medical cannabis dispensary.