Rule Proposal

VOLUME 49, ISSUE 5
ISSUE DATE: MARCH 6, 2017
RULE PROPOSALS
LAW AND PUBLIC SAFETY
DIVISION OF CONSUMER AFFAIRS
STATE BOARD OF MEDICAL EXAMINERS

Proposed Amendment: N.J.A.C. 13:35-7A.2

Compassionate Use Medical Marijuana Definitions
 
Authorized By: Board of Medical Examiners, William Roeder, Executive Director.
 
Authority: N.J.S.A. 45:9-2 and 24:6I-1 et seq.
 
Calendar Reference: See Summary below for explanation of exception to calendar requirement.
 
Proposal Number: PRN 2017-033.
 
Submit comments by May 5, 2017, to:b
 
   William Roeder, Executive Director
   Board of Medical Examiners
   140 East Front Street, 2nd Floor
   PO Box 183
   Trenton, NJ 08625
  
The agency proposal follows:
 
Summary

The New Jersey Compassionate Use Medical Marijuana Act, N.J.S.A. 24:6I-1 et seq. (Act), authorizes the use of marijuana to treat or alleviate pain or other symptoms associated with certain specifically identified debilitating medical conditions. P.L. 2016, c. 53, amended the definition of "debilitating medical condition" in the Act, so that post-traumatic stress disorder could be deemed a debilitating medical condition. The Board of Medical Examiners (Board) proposes to amend N.J.A.C. 13:35-7A.2 to amend the definition of "debilitating medical condition" to reflect the amended statutory definition.

The Board has provided a 60-day comment period for this notice of proposal. Therefore, this notice is excepted from the rulemaking calendar requirement pursuant to N.J.A.C. 1:30-3.3(a)5.
 
Social Impact

The Board believes that the proposed amendment may benefit individuals who suffer from post-traumatic stress disorder, in that the amendment recognizes that such individuals could be qualified to obtain and use marijuana for medicinal purposes.
 
Economic Impact

The Board believes that the proposed amendment will have a positive economic impact on medical marijuana dispensaries, in that they may see an increase in sales due to more individuals qualifying to purchase marijuana for medical purposes.
 
Federal Standards Analysis

Under existing Federal law, the manufacture, possession, sale, or distribution of marijuana is prohibited. See 21 U.S.C. §§ 841 et seq. States, however, are not required to enforce Federal law. In enacting the New Jersey Compassionate Use Medical Marijuana Act, N.J.S.A. 24:6I-1 et seq., the New Jersey Legislature found that compliance with the Act does not put the State of New Jersey in violation of Federal law. See N.J.S.A. 24:6I-2. Because the standards established in these rules conflict with requirements imposed under Federal law, a Federal standards analysis is required.

The amendment is proposed because P.L. 2016, c. 53 revised the definition of "debilitating medical condition" to include post-traumatic stress disorder and would permit individuals who suffer from post-traumatic stress disorder to qualify to obtain and use marijuana for medicinal purposes. Although possession and use of marijuana is a violation of Federal law, the New Jersey Legislature drew a distinction between medical and non-medical use of marijuana, and determined that the medical use of marijuana is beneficial in treating or alleviating pain and symptoms associated with certain debilitating medical conditions. See N.J.S.A. 24:6I-2.
 
Jobs Impact

The Board does not believe that proposed amendment will result in the creation or loss of jobs in the State.
 
Agriculture Industry Impact

The proposed amendment will have no impact on the agriculture industry in the State.
 
Regulatory Flexibility Statement

Since licensed physicians are individually licensed by the Board under the Regulatory Flexibility Act (the Act), N.J.S.A. 52:14B-16 et seq., they may be considered "small businesses" for the purposes of the Act. A regulatory flexibility analysis is not required as the proposed amendment will not impose any costs, will not require licensed physicians to employ any professional services to comply with the proposed amendment, and will not impose any compliance, recordkeeping, or reporting requirements.
 
Housing Affordability Impact Analysis

The proposed amendment will have an insignificant impact on the affordability of housing in New Jersey and there is an extreme unlikelihood that the proposed amendment would evoke a change in the average costs associated with housing because the proposed amendment concerns debilitating conditions that may qualify an individual to obtain and use marijuana for medicinal purposes.
 
Smart Growth Development Impact Analysis

The proposed amendment will have an insignificant impact on smart growth and there is an extreme unlikelihood that the proposed amendment would evoke a change in housing production in Planning Areas 1 or 2, or within designated centers, under the State Development and Redevelopment Plan in New Jersey because the proposed amendment concerns debilitating conditions which may qualify an individual to obtain and use marijuana for medicinal purposes.
 
Full text of the proposal follows (additions indicated in boldface thus):
 
SUBCHAPTER 2.    COMPASSIONATE USE MEDICAL MARIJUANA
 
13:35-7A.2 Definitions
 
The following words and terms when used in this subchapter shall have the following meanings, unless the context indicates otherwise.
 
...
 
"Debilitating medical condition" means:
 
1. One of the following conditions, if resistant to, or if the patient is intolerant to, conventional medical therapy: seizure disorder, including epilepsy; intractable skeletal muscular spasticity; post-traumatic stress disorder; or glaucoma;
 
2.-5. (No change.)