New Jersey Statutes 26:2H-12.86. Facility offering behavioral health care services, policy for use of medical cannabis by qualifying patient
Terms Used In New Jersey Statutes 26:2H-12.86
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- person: includes corporations, companies, associations, societies, firms, partnerships and joint stock companies as well as individuals, unless restricted by the context to an individual as distinguished from a corporate entity or specifically restricted to one or some of the above enumerated synonyms and, when used to designate the owner of property which may be the subject of an offense, includes this State, the United States, any other State of the United States as defined infra and any foreign country or government lawfully owning or possessing property within this State. See New Jersey Statutes 1:1-2
b. A policy adopted pursuant to subsection a. of this section shall, at a minimum:
(1) require the person receiving behavioral health care services be a qualifying patient authorized for the use of medical cannabis pursuant to P.L.2009, c.307 (C. 24:6I-1 et al.), and that the parent, guardian, or designated caregiver be authorized to assist the person with the medical use of cannabis pursuant to P.L.2009, c.307 (C. 24:6I-1 et al.);
(2) establish protocols for verifying the registration status and ongoing authorization pursuant to P.L.2009, c.307 (C. 24:6I-1 et al.) concerning the medical use of cannabis for the person and the parent, guardian, or designated caregiver;
(3) expressly authorize parents, guardians, and designated caregivers to administer medical cannabis to the person receiving behavioral health care services while the person is at the facility; and
(4) identify locations at the facility where medical cannabis may be administered.
c. Medical cannabis may be administered to a person receiving behavioral health care services at a facility that offers such services while the person is at the facility, provided that such administration is consistent with the requirements of the policy adopted pursuant to this section and the provisions of P.L.2009, c.307 (C. 24:6I-1 et al.).
d. Nothing in this section shall be construed to authorize medical cannabis to be smoked in any place where smoking is prohibited pursuant to N.J.S. 2C:33-13
e. As used in this section, “behavioral health care services” means procedures or services provided by a health care practitioner to a patient for the treatment of a mental illness or emotional disorder that is of mild to moderate severity. “Behavioral health care” and “behavioral health care services” shall not include procedures or services that are provided for the treatment of severe mental illness, severe emotional disorder, or any drug or alcohol use disorder.
L.2019, c.153, s.43.