N.J. Admin. Code § 17:30A-5.3

Current through Register Vol. 56, No. 24, December 18, 2024

Section 17:30A-5.3 - Addition of qualifying debilitating medical condition

(a) For a petition to be accepted for processing, a petitioner shall send a letter by certified mail to the Commission that contains the following information:

1. The extent to which the condition is generally accepted by the medical community and other experts as a valid, existing medical condition;

2. If one or more treatments of the condition, rather than the condition itself, are alleged to be the cause of the patient's suffering, the extent to which the treatments causing suffering are generally accepted by the medical community and other experts as valid treatments for the condition;

3. The extent to which the condition itself and/or the treatments thereof cause severe suffering, such as severe and/or chronic pain, severe nausea and/or vomiting, or otherwise severely impair the patient's ability to carry on activities of daily living;

4. The availability of conventional medical therapies other than those that cause suffering to alleviate suffering caused by the condition and/or the treatment thereof;

5. The extent to which evidence that is generally accepted among the medical community and other experts supports a finding that the use of marijuana alleviates suffering caused by the condition and/or the treatment thereof; and

6. Letters of support from physicians or other licensed health care professionals knowledgeable about the condition.

(b) Upon review of materials submitted pursuant to (a) above, the Commission shall make a final determination as to whether:

1. The petition is frivolous and, if so, to deny a petition without further review; or

2. The petition is bona fide and, if so, to accept the petition for further review.

(c) If the petition is accepted, the Commission may refer the written petition to the review panel established pursuant to N.J.A.C. 17:30A-5.2.

(d) The Commission will make a final determination on the petition within 180 days of receipt of the petition.

N.J. Admin. Code § 17:30A-5.3

Amended by R.2019 d.049, effective 5/20/2019.
See: 50 N.J.R. 1398(a), 51 N.J.R. 732(a).
Rewrote the section..