Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

NJ Senate Passes Bill Authorizing Medical Cannabis Patients to Use Telehealth

Author: Daniel T. McKillop

Date: April 9, 2020

Key Contacts

Back

The New Jersey Senate recently gave the green light to legislation that would make medical cannabis available via telehealth…

The New Jersey Senate recently gave the green light to legislation that would make medical cannabis available via telehealth. The bill (Senate Bill 619) is now under consideration by the Assembly Health Committee.

NJ Senate Passes Bill Authorizing Medical Cannabis Patients to Use Telehealth

The legislation represents the latest expansion of New Jersey’s Medical Marijuana Program, which has grown significantly under Gov. Phil Murphy in terms of patients and providers enrolled. The state has also enacted a series of reforms that make it easier for patients to access medical cannabis.

To help patients who may be too ill to visit the doctor or otherwise housebound, Senate Bill 619 permits patients to be authorized for medical cannabis and to have written instructions for medical cannabis issued to the patient using telemedicine and telehealth. “A lot of people who use medicinal marijuana are pretty ill with cancer,” said sponsor Sen. Declan O’Scanlon (R-Monmouth). “Forcing them to go out of the house for treatment — there’s no sense.” 

New Jersey Telemedicine Law

Telemedicine uses telecommunication and information technologies to provide clinical health care outside traditional medical facilities. Examples include writing a prescription after communicating with a patient via email, remotely monitoring vital signs, and providing mental health counseling via video conferencing. In 2017, New Jersey joined more than 30 other states in authorizing health care providers to remotely provide health care services to patients through the use of telemedicine and telehealth.

The New Jersey Telemedicine Law (N.J.S.A. 45:1-60-64) defines “telemedicine” as the delivery of a health care service using electronic communications, information technology, or other electronic or technological means to bridge the gap between a health care provider who is located at a distant site and a patient who is located at an originating site, either with or without the assistance of an intervening health care provider. Meanwhile, “telehealth” means the use of information and communications technologies, including telephones, remote patient monitoring devices, or other electronic means, to support clinical health care, provider consultation, patient and professional health-related education, public health, health administration, and other services.

Under the law, treatment and consultation recommendations made through the use of telemedicine or telehealth are subject to the same practice standards as are applicable to in-person settings. Healthcare providers may issue a prescription through telemedicine or telehealth. However, they may not do so based exclusively on the responses to an online questionnaire unless they have already established a relationship with the patient. In addition, providers may not prescribe Schedule II controlled substances without first evaluating the patient in-person. Going forward, providers must evaluate the patient every three months for the duration of time that the patient is being prescribed the Schedule II controlled dangerous substance.

Prescribing Medical Cannabis Via Telehealth

Senate Bill 619 seeks to clarify that medical cannabis may be prescribed using telemedicine and telehealth. Specifically, for a period of 270 days following the effective date of the bill, a health care practitioner may authorize a patient who is a resident of a long-term care facility, has a developmental disability, is terminally ill, is receiving hospice care from a licensed hospice care provider, or is housebound as certified by the patient’s physician, for the medical use of cannabis using telemedicine and telehealth.

Thereafter, a health care practitioner may authorize any patient for the medical use of cannabis using telemedicine and telehealth, provided that the patient has had at least one previous in-office consultation with the health care practitioner prior to the patient’s authorization for the medical use of cannabis. The legislation also allows written instructions for medical cannabis to be provided to or on behalf of a patient using telemedicine and telehealth. 

If approved by the Assembly and signed into law by Gov. Murphy, the law would take effect immediately. The attorneys of the Scarinci Hollenbeck Cannabis Law Group will continue to track the progress of Senate Bill 619 and provide updates.

If you have questions, please contact us

If you have any questions or if you would like to discuss the matter further, please contact me, Dan McKillop, or the Scarinci Hollenbeck attorney with whom you work, at 201-806-3364.

This article is a part of a series pertaining to cannabis legalization in New Jersey and the United States at large. Prior articles in this series are below:

Disclaimer: Possession, use, distribution, and/or sale of cannabis is a Federal crime and is subject to related Federal policy. Legal advice provided by Scarinci Hollenbeck, LLC is designed to counsel clients regarding the validity, scope, meaning, and application of existing and/or proposed cannabis law. Scarinci Hollenbeck, LLC will not provide assistance in circumventing Federal or state cannabis law or policy, and advice provided by our office should not be construed as such.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
Guardianships in New Jersey: When a Loved One Can No Longer Manage Personal or Financial Affairs post image

Guardianships in New Jersey: When a Loved One Can No Longer Manage Personal or Financial Affairs

When a family member can no longer make important decisions for themself, the question is often not whether the family will step in, but whether they have the legal authority to do so. A spouse may manage household finances, or an adult child may arrange medical care and pay bills. Still, informal assistance does not […]

Author: Marc J. Comer

Link to post with title - "Guardianships in New Jersey: When a Loved One Can No Longer Manage Personal or Financial Affairs"
New Jersey’s Revised UHAC Regulations: What Residential Developers Need to Know About Affordable Housing Commitments post image

New Jersey’s Revised UHAC Regulations: What Residential Developers Need to Know About Affordable Housing Commitments

New Jersey residential developers with affordable housing obligations should carefully review their existing approvals, development agreements, and proposed deed restrictions in light of the State’s revised UHAC regulations (Uniform Housing Affordability Controls). The regulations, which took effect on November 6, 2025, significantly change the administration and physical requirements for affordable housing units. For developers with […]

Author: Wendy Rubinstein Quiroga

Link to post with title - "New Jersey’s Revised UHAC Regulations: What Residential Developers Need to Know About Affordable Housing Commitments"
“No Comment” Culture: Why Silence Is Often the Riskiest Legal Strategy post image

“No Comment” Culture: Why Silence Is Often the Riskiest Legal Strategy

A “no comment” response is sometimes the right call when a legal problem arises. As a blanket policy, however, it lets allegations go unanswered, deadlines pass, evidence disappear, and manageable disputes grow into expensive litigation. The businesses that fare best are usually the ones that say little publicly while acting decisively behind the scenes. When […]

Author: Sean M. Pena

Link to post with title - "“No Comment” Culture: Why Silence Is Often the Riskiest Legal Strategy"
Utility-Scale Battery Storage Projects: A Legal Roadmap for Developers, Property Owners and Other Stakeholders post image

Utility-Scale Battery Storage Projects: A Legal Roadmap for Developers, Property Owners and Other Stakeholders

Utility-scale battery energy storage systems (BESS) are becoming an increasingly important component of the electric grid throughout New Jersey, New York, and Pennsylvania. As renewable generation expands, electricity demand increases and grid operators seek greater flexibility, battery storage can help balance supply and demand while providing additional capacity and reliability. For developers, battery storage presents […]

Author: Nicholas Wall

Link to post with title - "Utility-Scale Battery Storage Projects: A Legal Roadmap for Developers, Property Owners and Other Stakeholders"
Navigating Disputes: Hire a Partnership Dispute Lawyer post image

Navigating Disputes: Hire a Partnership Dispute Lawyer

A falling out between partners can be disastrous for any business. In many cases, the partnership will not survive. If you are in an unworkable situation with your partners, it may be time to consult a partnership dispute lawyer experienced in handling partnership breakups and dissolutions before the situation deteriorates any further. It is easy […]

Author: Jay McDaniel

Link to post with title - "Navigating Disputes: Hire a Partnership Dispute Lawyer"
Section 363 Sales in Bankruptcy: What Businesses, Lenders, and Buyers Need to Know post image

Section 363 Sales in Bankruptcy: What Businesses, Lenders, and Buyers Need to Know

When a company enters Chapter 11 bankruptcy, many assume the process will culminate in a lengthy reorganization plan. However, distressed businesses are increasingly being sold through a different mechanism — a sale under Section 363 of the United States Bankruptcy Code. A Section 363 sale allows a company, as a debtor-in-possession in bankruptcy, to sell […]

Author: John D. Giampolo

Link to post with title - "Section 363 Sales in Bankruptcy: What Businesses, Lenders, and Buyers Need to Know"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.
“If you would like to submit a file, please email it directly to info@sh-law.com.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!