Authorizes home cultivation of medical cannabis.

A1674

ASSEMBLY, No. 1674

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblywoman VERLINA REYNOLDS-JACKSON

District 15 (Hunterdon and Mercer)

Co-Sponsored by:

Assemblyman Egan

SYNOPSIS

���� Authorizes home cultivation of medical cannabis.

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

An Act
concerning medical cannabis and amending and
supplementing P.L.2009, c.307.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.��� Section 3 of P.L.2009,
c.307 (C.24:6I-3) is amended to read as follows:

���� 3.��� As used in P.L.2009,
c.307 (C.24:6I-1 et al.) and
P.L.2015, c.158 (C.18A:40-12.22 et al.):

���� "Academic medical
center" means an entity located in New Jersey that, on the effective date
of P.L.2019, c.153 (C.24:6I-5.1 et al.), has an addiction medicine faculty
practice or is in the same health care system as another facility located in New
Jersey that offers outpatient medical detoxification services or inpatient
treatment services for substance use disorder; has a pain management faculty
practice or a facility-based pain management service located in New Jersey; has
graduate medical training programs accredited, or pending accreditation, by the
Accreditation Council for Graduate Medical Education or the American
Osteopathic Association in primary care and medical specialties; is the
principal teaching affiliate of a medical school based in the State; and has
the ability to conduct research related to medical cannabis.� If the entity is
part of a system of health care facilities, the entity shall not qualify as an
academic medical center unless the health care system is principally located
within the State.

���� "Adverse employment
action" means refusing to hire or employ an individual, barring or
discharging an individual from employment, requiring an individual to retire
from employment, or discriminating against an individual in compensation or in
any terms, conditions, or privileges of employment.

���� "Cannabis" has the
meaning given to "marihuana" in section 2 of the "New Jersey
Controlled Dangerous Substances Act,"
P.L.1970, c.226 (C.24:21-2).

���� "Clinical
registrant" means an entity that has a written contractual relationship
with an academic medical center in the region in which it has its principal
place of business, which includes provisions whereby the parties will engage in
clinical research related to the use of medical cannabis and the academic
medical center or its affiliate will provide advice to the entity regarding
patient health and safety, medical applications, and dispensing and managing
controlled dangerous substances, among other areas.

���� "Commission" means
the Cannabis Regulatory Commission established pursuant to section 31 of
P.L.2019, c.153 (C.24:6I-24).

���� "Commissioner" means
the Commissioner of Health.

���� "Common ownership or
control" means:

���� (1)�� between two for-profit
entities, the same individuals or entities own and control more than 50 percent
of both entities;

���� (2)�� between a nonprofit
entity and a for-profit entity, a majority of the directors, trustees, or
members of the governing body of the nonprofit entity directly or indirectly
own and control more than 50 percent of the for-profit entity; and

���� (3)�� between two nonprofit
entities, the same directors, trustees, or governing body members comprise a
majority of the voting directors, trustees, or governing body members of both
nonprofits.

���� "Department" means
the Department of Health.

���� "Designated
caregiver" means a resident of the State who:

���� (1)�� is at least 18 years
old;

���� (2)�� has agreed to assist
with a registered qualifying patient's medical use of cannabis, is not
currently serving as designated caregiver for more than one other qualifying
patient, and is not the qualifying patient's health care practitioner;

���� (3)�� subject to the
provisions of paragraph (2) of subsection c. of section 4 of P.L.2009, c.307
(C.24:6I-4), has never been convicted of possession or sale of a controlled
dangerous substance, unless such conviction occurred after the effective date
of P.L.2009, c.307 (C.24:6I-1 et al.) and was for a violation of federal law
related to possession or sale of cannabis that is 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.);

���� (4)�� has registered with the
commission pursuant to section 4 of P.L.2009, c.307 (C.24:6I-4), and, except in
the case of a designated caregiver who is an immediate family member of the
patient, has satisfied the criminal history record background check requirement
of section 4 of P.L.2009, c.307 (C.24:6I-4); and

���� (5)�� has been designated as
designated caregiver by the patient when registering or renewing a registration
with the commission or in other written notification to the commission.

���� "Dispense" means the
furnishing of medical cannabis to a registered qualifying patient, designated
caregiver, or institutional caregiver by a medical cannabis dispensary or
clinical registrant pursuant to written instructions issued by a health care
practitioner pursuant to the requirements of P.L.2009, c.307 (C.24:6I-1 et
al.).� The term shall include the act of furnishing medical cannabis to a
medical cannabis handler for delivery to a registered qualifying patient,
designated caregiver, or institutional caregiver, consistent with the
requirements of subsection i. of section 27 of
P.L.2019, c.153 (C.24:6I-20).

���� "Health care
facility" means a general acute care hospital, nursing home, long term
care facility, hospice care facility, group home, facility that provides
services to persons with developmental disabilities, behavioral health care
facility, or rehabilitation center.

���� "Health care
practitioner" means a physician, advanced practice nurse, or physician
assistant licensed or certified pursuant to Title 45 of the Revised Statutes
who:

���� (1)�� possesses active
registrations to prescribe controlled dangerous substances issued by the United
States Drug Enforcement Administration and the Division of Consumer Affairs in
the Department of Law and Public Safety;

���� (2)�� is the health care
practitioner responsible for the ongoing treatment of a patient's qualifying
medical condition, the symptoms of that condition, or the symptoms associated
with the treatment of that condition, provided, however, that the ongoing
treatment shall not be limited to the provision of authorization for a patient
to use medical cannabis or consultation solely for that purpose; and

���� (3)�� if the patient is a
minor, is a pediatric specialist.

���� "Immediate family"
means the spouse, domestic partner, civil union partner, child, sibling, or
parent of an individual, and shall include the siblings, parents, and children
of the individual's spouse, domestic partner, or civil union partner, and the
parents, spouses, domestic partners, or civil union partners of the
individual's parents, siblings, and children.

����
�Home cultivation of
medical cannabis� means the cultivation of medical cannabis, in the residence
of a registered qualifying patient or a designated caregiver of the patient,
for the patient�s personal medical use.� The term does not include the cultivation
of medical cannabis by an entity issued a medical cannabis cultivator or
clinical registrant permit.

���� "Institutional
caregiver" means a resident of the State who:

���� (1)�� is at least 18 years
old;

���� (2)�� is an employee of a
health care facility;

���� (3)�� is authorized, within
the scope of the individual's professional duties, to possess and administer
controlled dangerous substances in connection with the care and treatment of
patients and residents pursuant to applicable State and federal laws;

���� (4)�� is authorized by the
health care facility employing the person to assist registered qualifying
patients who are patients or residents of the facility with the medical use of
cannabis, including, but not limited to, obtaining medical cannabis for
registered qualifying patients and assisting registered qualifying patients
with the administration of medical cannabis;

���� (5)�� subject to the
provisions of paragraph (2) of subsection c. of section 4 of P.L.2009, c.307
(C.24:6I-4), has never been convicted of possession or sale of a controlled
dangerous substance, unless such conviction occurred after the effective date
of P.L.2009, c.307 (C.24:6I-1 et al.) and was for a violation of federal law
related to possession or sale of cannabis that is 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.); and

���� (6)�� has registered with the
commission pursuant to section 4 of P.L.2009, c.307 (C.24:6I-4).

���� "Integrated
curriculum" means an academic, clinical, or research program at an
institution of higher education that is coordinated with a medical cannabis
cultivator, medical cannabis manufacturer, or medical cannabis dispensary to
apply theoretical principles, practical experience, or both involving the
cultivation, manufacturing, dispensing, delivery, or medical use of cannabis to
a specific area of study, including, but not limited to, agriculture, biology,
business, chemistry, culinary studies, ecology, environmental studies, health
care, horticulture, technology, or any other appropriate area of study or
combined areas of study.� Integrated curricula shall be subject to approval by
the commission and the Office of the Secretary of Higher Education.

���� "Integrated curriculum
permit" or "IC permit" means a permit issued to a medical
cannabis cultivator, medical cannabis manufacturer, or medical cannabis
dispensary that includes an integrated curriculum approved by the commission
and the Office of the Secretary of Higher Education.

���� "Medical cannabis
alternative treatment center" or "alternative treatment center"
means an organization issued a permit, including a conditional permit, by the
commission to operate as a medical cannabis cultivator, medical cannabis manufacturer,
medical cannabis dispensary, or clinical registrant. This term shall include
the organization's officers, directors, board members, and employees.

���� "Medical cannabis
cultivator" means an organization holding a permit issued by the
commission that authorizes the organization to: possess and cultivate cannabis
and deliver, transfer, transport, distribute, supply, and sell medical cannabis
and related supplies to other medical cannabis cultivators and to medical
cannabis manufacturers, clinical registrants, and medical cannabis
dispensaries, as well as to plant, cultivate, grow, and harvest medical
cannabis for research purposes.� A medical cannabis cultivator permit shall not
authorize the permit holder to manufacture, produce, or otherwise create
medical cannabis products, or to deliver, transfer, transport, distribute,
supply, sell, or dispense medical cannabis, medical cannabis products,
paraphernalia, or related supplies to qualifying patients, designated
caregivers, or institutional caregivers.

���� "Medical cannabis
dispensary" means an organization issued a permit by the commission that
authorizes the organization to: purchase or obtain medical cannabis and related
supplies from medical cannabis cultivators; purchase or obtain medical cannabis
products and related supplies from medical cannabis manufacturers; purchase or
obtain medical cannabis, medical cannabis products, and related supplies and
paraphernalia from other medical cannabis dispensaries and from clinical
registrants; deliver, transfer, transport, distribute, supply, and sell medical
cannabis and medical cannabis products to other medical cannabis dispensaries;
furnish medical cannabis, including medical cannabis products, to a medical
cannabis handler for delivery to a registered qualifying patient, designated
caregiver, or institutional caregiver consistent with the requirements of
subsection i. of section 27 of P.L.2019, c.153 (C.24:6I-20); and possess,
display, deliver, transfer, transport, distribute, supply, sell, and dispense
medical cannabis, medical cannabis products, paraphernalia, and related
supplies to qualifying patients, designated caregivers, and institutional
caregivers.� A medical cannabis dispensary permit shall not authorize the
permit holder to cultivate medical cannabis, to produce, manufacture, or
otherwise create medical cannabis products.

���� "Medical cannabis
manufacturer" means an organization issued a permit by the commission that
authorizes the organization to: purchase or obtain medical cannabis and related
supplies from a medical cannabis cultivator or a clinical registrant; purchase
or obtain medical cannabis products from another medical cannabis manufacturer
or a clinical registrant; produce, manufacture, or otherwise create medical
cannabis products; and possess, deliver, transfer, transport, distribute,
supply, and sell medical cannabis products and related supplies to other
medical cannabis manufacturers and to medical cannabis dispensaries and
clinical registrants.� A medical cannabis manufacturer permit shall not
authorize the permit holder to cultivate medical cannabis or to deliver,
transfer, transport, distribute, supply, sell, or dispense medical cannabis,
medical cannabis products, paraphernalia, or related supplies to registered
qualifying patients, designated caregivers, or institutional caregivers.

���� "Medical use of
cannabis" means the acquisition, possession, transport, or use of cannabis
or paraphernalia by a registered qualifying patient as authorized by P.L.2009,
c.307 (C.24:6I-1 et al.) and P.L.2015, c.158 (C.18A:40-12.22 et al.).

���� "Minor" means a
person who is under 18 years of age and who has not been married or previously
declared by a court or an administrative agency to be emancipated.

���� "Paraphernalia" has
the meaning given in N.J.S.2C:36-1.

���� "Pediatric
specialist" means a physician who is a board-certified pediatrician or
pediatric specialist, or an advanced practice nurse or physician assistant who
is certified as a pediatric specialist by an appropriate professional
certification or licensing entity.

���� "Primary care" means
the practice of family medicine, general internal medicine, general pediatrics,
general obstetrics, or gynecology.

���� "Qualifying medical
condition" means seizure disorder, including epilepsy; intractable
skeletal muscular spasticity; post-traumatic stress disorder; glaucoma;
positive status for human immunodeficiency virus; acquired immune deficiency
syndrome; cancer; amyotrophic lateral sclerosis; multiple sclerosis; muscular
dystrophy; inflammatory bowel disease, including Crohn's disease; terminal
illness, if the patient has a prognosis of less than 12 months of life;
anxiety; migraine; Tourette's syndrome; dysmenorrhea; chronic pain; opioid use
disorder; or any other medical condition or its treatment that is approved by
the commission.

���� "Qualifying patient"
or "patient" means a resident of the State who has been authorized
for the medical use of cannabis by a health care practitioner.

���� "Registration with the
commission" means a person has met the qualification requirements for, and
has been registered by the commission as, a registered qualifying patient,
designated caregiver, or institutional caregiver.� The commission shall
establish appropriate means for health care practitioners, health care
facilities, medical cannabis dispensaries, law enforcement, schools, facilities
providing behavioral health services or services for persons with developmental
disabilities, and other appropriate entities to verify an individual's status
as a registrant with the commission.

���� "Significantly involved
person" means a person or entity who holds at least a five percent
investment interest in an entity issued, or applying for a permit to operate
as, a medical cannabis cultivator, medical cannabis manufacturer, medical cannabis
dispensary, or clinical registrant, or who is a decision making member of a
group that holds at least a 20 percent investment interest in an entity issued,
or applying for a permit to operate as, a medical cannabis cultivator, medical
cannabis manufacturer, medical cannabis dispensary, or clinical registrant, in
which no member of that group holds more than a five percent interest in the
total group investment interest, and the person or entity makes controlling
decisions regarding the operations of the entity issued, or applying for a
permit to operate as, a medical cannabis cultivator, medical cannabis
manufacturer, medical cannabis dispensary, or clinical registrant.

���� "Terminally ill"
means having an illness or condition with a prognosis of less than 12 months of
life.

���� "Usable cannabis"
means the dried leaves and flowers of cannabis, and any mixture or preparation
thereof, and does not include the seeds, stems, stalks, or roots of the plant.

(cf: P.L.2019, c.153, s.3)

���� 2.��� Section 4 of P.L.2009,
c.307 (C.24:6I-4) is amended to read as follows:

���� 4.� a.� The commission shall
establish a registry of qualifying patients and their designated caregivers and
shall establish a means of identifying and verifying the registration status of
patients and designated caregivers who are registered with the commission.�
Registration with the commission shall be valid for two years.� A patient or
designated caregiver shall be registered with the commission upon submitting
the following, in accordance with regulations adopted by the commission:

���� (1)�� documentation of a
health care practitioner's authorization for the patient for the medical use of
cannabis;

���� (2)�� an application or
renewal fee, which may be based on a sliding scale as determined by the
commission;

���� (3)�� the name, home address,
and date of birth of the patient and each designated caregiver, as applicable;

���� (4)�� the name, address, and
telephone number of the patient's health care practitioner;
[
and
]

���� (5)�� up to one alternate
address for the patient, which may be used for delivery of medical cannabis to
the patient pursuant to section 27 of P.L.2019, c.153 (C.24:6I-20)
; and

����
(6)�� an indication whether
the patient or a designated caregiver will home cultivate medical cannabis
.

���� Each qualifying patient may
concurrently have up to two designated caregivers.� A qualifying patient may
petition the commission for approval to concurrently have more than two
designated caregivers, which petition shall be approved if the commission finds
that allowing the patient additional designated caregivers is necessary to meet
the patient's treatment needs and is consistent with the provisions of
P.L.2009, c.307 (C.24:6I-1 et al.).

���� The commission shall establish
a registry of institutional caregivers and shall establish a means of
identifying and verifying the registration status of institutional caregivers
who are registered with the commission.� Registration with the commission shall
be valid for one year.� An institutional caregiver shall be registered with the
commission upon submitting the name, address, and telephone number of the
institutional caregiver and of the health care facility at which the individual
will be serving as institutional caregiver and a certification that meets the
requirements of subsection h. of this section.� The application or renewal fee
for the institutional caregiver shall be paid by the health care facility at
which the institutional caregiver will be serving as institutional caregiver.�
An institutional caregiver shall not be limited in the number of qualifying
patients for whom the institutional caregiver may serve as institutional
caregiver at one time, provided that each qualifying patient served by the
institutional caregiver is a current patient or resident at the health care
facility at which the institutional caregiver is authorized to serve as
institutional caregiver, and the number of qualifying patients served by the
institutional caregiver is commensurate with the institutional caregiver's
ability to fully meet the treatment and related needs of each qualifying
patient and attend to the institutional caregiver's other professional duties
at the health care facility without jeopardizing the health or safety of any
patient or resident at the facility.

���� b.��� Before registering an
individual, the commission shall verify the information contained in the
application or renewal form submitted pursuant to this section.� In the case of
a designated or institutional caregiver, the commission shall provisionally approve
an application pending the results of a criminal history record background
check, if the caregiver otherwise meets the requirements of P.L.2009, c.307
(C.24:6I-1 et al.).� The commission shall approve or deny an application or
renewal and complete the registration process for successful applicants within
30 days of receipt of the completed application or renewal.� The commission may
deny an application or renewal only if the applicant fails to provide the
information required pursuant to this section, or if the commission determines
that the information was incorrect or falsified or does not meet the
requirements of P.L.2009, c.307 (C.24:6I-1 et al.).� Denial of an application
shall be a final agency decision, subject to review by the Superior Court, Appellate
Division.

���� c.� (1)� The commission shall
require each applicant seeking to serve as a designated or institutional
caregiver to undergo a criminal history record background check; except that no
criminal history record background check shall be required for an applicant
seeking to serve as a designated caregiver if the applicant is an immediate
family member of the patient, and no criminal history record background check
shall be required for an applicant seeking to serve as an institutional
caregiver if the applicant completed a criminal history record background check
as a condition of professional licensure or certification.� The commission is
authorized to exchange fingerprint data with and receive criminal history
record background information from the Division of State Police and the Federal
Bureau of Investigation consistent with the provisions of applicable federal
and State laws, rules, and regulations.� The Division of State Police shall
forward criminal history record background information to the commission in a
timely manner when requested pursuant to the provisions of this section.

���� An applicant seeking to serve
as a designated or institutional caregiver who is required to complete a
criminal history record background check pursuant to this section shall submit
to being fingerprinted in accordance with applicable State and federal laws,
rules, and regulations.� No check of criminal history record background
information shall be performed pursuant to this section unless the applicant
has furnished the applicant's written consent to that check.� An applicant who
is required to complete a criminal history record background check pursuant to
this section who refuses to consent to, or cooperate in, the securing of a
check of criminal history record background information shall not be considered
for inclusion in the registry as a designated or institutional caregiver.� An
applicant shall bear the cost for the criminal history record background check,
including all costs of administering and processing the check.

���� (2)�� The commission shall not
approve an applicant seeking to serve as a designated or institutional
caregiver who is required to complete a criminal history record background
check pursuant to this section if the criminal history record background
information of the applicant reveals a disqualifying conviction.� For the
purposes of this section, a disqualifying conviction shall mean a conviction of
a crime involving any controlled dangerous substance or controlled substance
analog as set forth in chapter 35 of Title 2C of the New Jersey Statutes except
paragraph (4) of subsection a. of N.J.S.2C:35-10, or any similar law of the
United States or of any other state.

���� (3)�� Upon receipt of the
criminal history record background information from the Division of State
Police and the Federal Bureau of Investigation, the commission shall provide
written notification to the applicant of the applicant's qualification or
disqualification for serving as a designated or institutional caregiver.

���� If the applicant is
disqualified because of a disqualifying conviction pursuant to the provisions
of this section, the conviction that constitutes the basis for the
disqualification shall be identified in the written notice.

���� (4)�� The Division of State
Police shall promptly notify the commission in the event that an individual who
was the subject of a criminal history record background check conducted
pursuant to this section is convicted of a crime or offense in this State after
the date the background check was performed.� Upon receipt of that
notification, the commission shall make a determination regarding the continued
eligibility of the applicant to serve as a designated or institutional
caregiver.

���� (5)�� Notwithstanding the
provisions of paragraph (2) of this subsection to the contrary, no applicant
shall be disqualified from serving as a designated or institutional caregiver
on the basis of any conviction disclosed by a criminal history record background
check conducted pursuant to this section if the individual has affirmatively
demonstrated to the commission clear and convincing evidence of
rehabilitation.� In determining whether clear and convincing evidence of
rehabilitation has been demonstrated, the following factors shall be
considered:

���� (a)�� the nature and
responsibility of the position which the convicted individual would hold, has
held, or currently holds;

���� (b)�� the nature and
seriousness of the crime or offense;

���� (c)�� the circumstances under
which the crime or offense occurred;

���� (d)�� the date of the crime or
offense;

���� (e)�� the age of the
individual when the crime or offense was committed;

���� (f)�� whether the crime or
offense was an isolated or repeated incident;

���� (g)�� any social conditions
which may have contributed to the commission of the crime or offense; and

���� (h)�� any evidence of
rehabilitation, including good conduct in prison or in the community,
counseling or psychiatric treatment received, acquisition of additional
academic or vocational schooling, successful participation in correctional
work-release programs, or the recommendation of those who have had the
individual under their supervision.

���� d.��� A verification of
registration issued by the commission shall contain the following information:

���� (1)� (a)� in the case of a
patient or designated caregiver registration, the name, address, and date of
birth of the patient and each designated caregiver, if applicable
, along
with an indication as to whether the patient or designated caregiver is
authorized for home cultivation of medical cannabis
; and

���� (b)�� in the case of an
institutional caregiver, the caregiver's name and date of birth and the name
and address of the health care facility at which the caregiver is serving as
institutional caregiver;

���� (2)�� the expiration date of
the registration;

���� (3)�� photo identification of
the registrant; and

���� (4)�� such other information
that the commission may specify by regulation.

���� e.� (1)� A patient who has
been registered by the commission shall notify the commission of any change in
the patient's name, address, or health care practitioner
[
or
]
, of any
change in who is authorized to home cultivate medical cannabis for the patient,
and of any
change in status of the patient's qualifying medical condition,
within 10 days of such change, or the patient's registration shall be deemed
null and void.

���� (2)�� A designated caregiver
who has been registered by the commission shall notify the commission of any
change in the caregiver's name or address within 10 days of such change, or the
caregiver's registration shall be deemed null and void.

���� (3)�� An institutional
caregiver who has been registered by the commission shall notify the commission
of any change in the caregiver's name, address, employment by a health care
facility at which the caregiver is registered to serve as institutional
caregiver, or authorization from the health care facility to assist qualifying
patients with the medical use of cannabis, within 10 days of such change, or
the caregiver's registration shall be deemed null and void and the individual
shall be deemed ineligible to serve as an institutional caregiver for a period
of not less than one year.

���� f.���� The commission shall
maintain a confidential list of the persons registered with the commission.�
Individual names and other identifying information on the list, and information
contained in any application form, or accompanying or supporting document shall
be confidential, and shall not be considered a public record under P.L.1963,
c.73 (C.47:1A-1 et seq.), P.L.2001, c.404 (C.47:1A-5 et al.), or the common law
concerning access to government records, and shall not be disclosed except to:

���� (1)�� authorized employees of
the commission and the Division of Consumer Affairs in the Department of Law
and Public Safety as necessary to perform official duties of the commission and
the division, as applicable; and

���� (2)�� authorized employees of
State or local law enforcement agencies, only as necessary to verify that a
person who is engaged in the suspected or alleged medical use of cannabis is
lawfully registered with the commission.

���� g.��� Applying for
registration or being registered by the commission does not constitute a waiver
of the qualifying patient's practitioner-patient privilege.

���� h.��� An applicant seeking to
serve as an institutional caregiver shall submit with the application a
certification executed by the director or administrator of the health care
facility employing the applicant attesting that:

���� (1)�� the facility has
authorized the applicant to assist registered qualifying patients at the
facility with the medical use of cannabis, including obtaining medical cannabis
from a medical cannabis dispensary, accepting deliveries of medical cannabis on
behalf of registered qualifying patients, and assisting registered qualifying
patients with the administration of medical cannabis;

���� (2)�� the facility has
established protocols and procedures and implemented security measures to
ensure that any medical cannabis obtained by an institutional caregiver that is
transported by the caregiver to the facility is transported in a safe and
secure manner that prevents theft, diversion, adulteration, and access by
unauthorized individuals, and that any medical cannabis present at the facility
is stored in a safe and secure manner that prevents theft, diversion,
adulteration, and access by unauthorized individuals;

���� (3)�� the facility has
established protocols and procedures to review the medications and treatment
plans of registered qualifying patients at the facility to ensure that the
patient's medical use of cannabis will not result in adverse drug interactions,
side effects, or other complications that could significantly jeopardize the
health or safety of the patient;

���� (4)�� the facility will not
charge a registered qualifying patient for medical cannabis obtained on the
registered qualifying patient's behalf in an amount that exceeds the actual
cost of the medical cannabis, plus any reasonable costs incurred in acquiring
the medical cannabis;

���� (5)�� the facility has
established protocols and procedures concerning whether, and to what extent,
designated caregivers are permitted to assist registered qualifying patients
with the medical use of cannabis while at the facility; and

���� (6)�� the facility will
promptly notify the commission in the event that:

���� (a)�� an institutional
caregiver registered with the commission pursuant to this section ceases to be
employed by the facility or ceases to be authorized by the facility to assist
registered qualifying patients with the medical use of cannabis, in which case,
upon receipt of the notification, the commission shall immediately revoke the
institutional caregiver's registration; or

���� (b)�� an institutional
caregiver registered with the commission pursuant to this section, who
completed a criminal history record background check as a condition of
professional licensure or certification, is convicted of a crime or offense in
this State after the date the criminal history background check was performed,
in which case, upon receipt of that notification, the commission shall make a
determination regarding the continued eligibility of the applicant to serve as
an institutional caregiver.

���� Nothing in this section shall
be deemed to require any facility to authorize any employee of the facility to
serve as an institutional caregiver or to issue a certification that meets the
requirements of this subsection.

(cf: P.L.2019, c.153, s.4)

���� 3.��� (New section)� a.� A
registered qualifying patient who is 21 years of age or older, or a designated
caregiver for the patient, shall be authorized to cultivate and possess up to
four mature cannabis plants and up to four immature cannabis plants for the patient�s
personal medical use upon providing notice to the commission as provided in
subsection b. of this section.� Any medical cannabis that is home cultivated
pursuant to this section shall be cultivated in the residence of the patient or
the patient�s designated caregiver, as applicable, at the address indicated in
the individual�s current registry information.

���� b.��� (1)� A registered
qualifying patient who seeks to home cultivate medical cannabis, either
directly or using a designated caregiver, shall, prior to commencing the home
cultivation of medical cannabis, provide notice to the commission of the
patient�s intent to home cultivate medical cannabis.� The notice provided to
the commission shall specify the individual who will be authorized to home
cultivate medical cannabis for the patient.� In no case may more than one
individual home cultivate medical cannabis for a registered qualifying patient
at one time.

���� (2)�� Upon providing at least
10 days� notice to the commission, a registered qualifying patient shall be
authorized to change which individual will be authorized to home cultivate
medical cannabis for the patient.� No less than 10 days and no more than 30 days
after providing notice of a change in authorization to home cultivate medical
cannabis, the individual formerly cultivating medical cannabis for the patient
may transfer any mature and immature medical cannabis plants in that
individual�s possession to the individual to whom authorization was
transferred.� Any medical cannabis plants that are not transferred to the
subsequent home cultivator by the former home cultivator shall be promptly
surrendered by the former home cultivator to law enforcement for destruction.

���� c.���� Upon receiving notice
of a change in a registered qualifying patient�s intent to home cultivate
medical cannabis or of a change in who is authorized to home cultivate medical
cannabis for a registered qualifying patient, the commission shall promptly update
the registration information for the patient and for any of the patient�s
designated caregivers who are affected by the change.

���� d.��� Notwithstanding the
provisions of subsection b. of this section to the contrary, any designated
caregiver of a registered qualifying patient who elects to home cultivate
medical cannabis shall be authorized to possess, transport, and assist the
patient with the administration of home-cultivated medical cannabis in dried
form or in any other consumable form, regardless of whether the designated
caregiver is the individual who is specifically authorized to home cultivate
medical cannabis for the patient.

���� e.���� In addition to any
other civil or criminal penalties as may apply, any individual in possession of
home-cultivated medical cannabis in the form of a mature or immature plant or
in any consumable form, who sells, donates, or furnishes the home-cultivated medical
cannabis to any individual who is not authorized to be in possession of the
home-cultivated medical cannabis as provided in this section, shall be liable
to a civil penalty of up to $1,000, which shall be collected by and in the name
of the commission in summary proceedings before a court of competent
jurisdiction pursuant to the provisions of the �Penalty Enforcement Law of
1999,� P.L.1999, c.274 (C.2A:58-10 et seq.).� In addition, the individual�s
registration with the commission shall be deemed null and void, and the
individual shall be permanently ineligible for re-registration with the
commission as a qualifying patient, a designated caregiver, or an institutional
caregiver.

���� 4.��� This act shall take
effect immediately.

STATEMENT

���� This bill authorizes the home
cultivation of medical cannabis for a registered qualifying patient�s personal
medical use.

���� Specifically, the bill
provides that a registered qualifying patient who is 21 years of age or older
who provides notice to the Cannabis Regulatory Commission of the intent to home
cultivate medical cannabis will be allowed to either home cultivate medical
cannabis himself or herself, or authorize a designated caregiver to home
cultivate medical cannabis on the patient�s behalf.� A home cultivator will be
allowed to cultivate and possess up to four mature cannabis plants and up to
four immature cannabis plants.� Medical cannabis may only be home cultivated at
the residence of the authorized home cultivator that is on file with the
commission.

���� The notice of intent to home
cultivate medical cannabis provided to the commission is to specify which
individual will home cultivate the medical cannabis.� In no case may more than
one individual home cultivate medical cannabis for a registered qualifying
patient at one time.�

���� A patient may change the
designated home cultivator upon providing 10 days� notice to the commission.�
At least 10 days after providing the notice of change, but no more than 30 days
after providing notice, any medical cannabis plants in the former home cultivator�s
possession may be transferred to the new designated home cultivator.� Any
plants that are not transferred to the new home cultivator are to be promptly
surrendered to law enforcement for destruction.� The failure to provide notice
of a change in designated home cultivator will result in the patient�s
registration with the commission being deemed null and void.

���� The commission will be
required to promptly update the registry information for the patient and any
affected designated caregiver upon receiving notice of the patient�s intent to
home cultivate medical cannabis or of a change in who is authorized to home
cultivate medical cannabis for the patient.

���� Any designated caregiver of a
patient who elects to home cultivate medical cannabis will be authorized to
possess, transport, and assist the patient with the administration of
home-cultivated medical cannabis in dried form or in any other consumable form,
regardless of whether the designated caregiver is designated as the patient�s
home cultivator.

���� In addition to any other civil
or criminal penalties as may apply, any individual in possession of
home-cultivated medical cannabis in the form of a mature or immature plant or
in any consumable form, who sells, donates, or furnishes the home-cultivated medical
cannabis to any individual who is not authorized to be in possession of the
home-cultivated medical cannabis under the bill, will be liable to a civil
penalty of up to $1,000.� In addition, the individual�s registration with the
commission will be deemed null and void, and the individual will be permanently
ineligible for re-registration with the commission as a qualifying patient, a
designated caregiver, or an institutional caregiver.

���� It is the sponsor�s intent to
expand access to medical cannabis for registered qualifying patients who may
find the medical cannabis that is available through a medical cannabis
dispensary unaffordable, or who may otherwise benefit from the convenience of
home cultivation or the ability to readily access medical cannabis in the
strain and form appropriate to the patient�s individual treatment needs.� Of
the 36 states that have approved a comprehensive medical cannabis program, 17,
or nearly half, currently allow for home cultivation of medical cannabis:�
Alaska, Arizona, California, Colorado, Hawaii, Maine, Massachusetts, Michigan,
Missouri, Montana, Nevada, New Mexico, Oklahoma, Oregon, Rhode Island, Vermont,
and Washington.