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Home >> Medical Marijuana: How to Be Eligible for Treatment

May 27, 2016 by Fred Sisto

Medical Marijuana: How to Be Eligible for Treatment

Medical Marijuana Criminal Attorney

Receiving a prescription for medical marijuana is much different from any other prescription.  This medical practice is fairly new in the eyes of the state and as a result, there are many rules and regulations regarding the use of medical marijuana.  The new process is as follows:

Step 1: A patient must visit a caregiver, that is registered by the state, to receive a medical marijuana prescription in order to treat a legitimate medical disorder.

Step 2: The patient that receives the prescription must then register with the state by sending in an application, along with a fee, in order to be added to the registry of individuals qualified to receive and carry medical marijuana.

Step 3: The patient must be approved and receive their registry identification card prior to acquiring the medical marijuana prescribed to them.  The registry identification card must be renewed after 2 years if the patient is still in need of medical marijuana treatments.

For more information, please reference the statute below:

C.24:61-4 Registry of qualifying patients, primary caregivers.

  1. a. The department shall establish a registry of qualifying patients and their primary caregivers, and shall issue a registry identification card, which shall be valid for two years, to a qualifying patient and primary caregiver, if applicable, who submits the following, in accordance with regulations adopted by the department:

(1) a certification that meets the requirements of section 5 of this act;

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

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

(4) the name, address and telephone number of the patient’s physician.

b. Before issuing a registry identification card, the department shall verify the information contained in the application or renewal form submitted pursuant to this section. In the case of a primary caregiver, the department shall provisionally approve an application pending the results of a criminal history record background check, if the caregiver otherwise meets the requirements of this act. The department shall approve or deny an application or renewal within 30 days of receipt of the completed application or renewal, and shall issue a registry identification card within five days of approving the application or renewal. The department may deny an application or renewal only if the applicant fails to provide the information required pursuant to this section, or if the department determines that the information was incorrect or falsified or does not meet the requirements of this act. Denial of an application shall be a final agency decision, subject to review by the Superior Court, Appellate Division.

Filed Under: Blog, Criminal Law, Drug Crime, Marijuana

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