Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

New Jersey Medical Marijuana Program Adds Opioid Addiction as Qualifying Condition

Author: Daniel T. McKillop

Date: February 14, 2019

Key Contacts

Back

Opioid Addiction is Now an Eligible Condition Under New Jersey’s Medicinal Marijuana Program

Opioid addiction is now an eligible condition under New Jersey’s Medicinal Marijuana Program (MMP). Gov. Phil Murphy made the announcement while unveiling several new initiatives aimed to combat the opioid epidemic. In 2018, more than 3,000 individuals in New Jersey died due to overdoses.

New Jersey Medical Marijuana Program Adds Opioid Addiction as Qualifying Condition
Photo courtesy of GJB Miller (Pixabay.com)

NJ Adds Opioid Addiction as Qualifying Condition

Previously, individuals addicted to opioids could only qualify for medical cannabis if they became dependent while seeking to treat chronic pain associated with a musculoskeletal disorder. Medical cannabis can now be used as an adjunct to Medication Assisted Treatment (MAT) for all patients that suffer from opioid addiction. According to New Jersey public health officials, doctors may immediately begin recommending cannabis for opioid addiction.

“We are pleased to announce that, as of today, opioid use disorder is a condition for which physicians can recommend medical marijuana to patients,” Health Commissioner Dr. Shereef Elnahal said in a press statement. “We are also taking steps to ensure that these patients will be on MAT for their addiction, in addition to marijuana. Finally, DOH is doubling down on syringe access programs and initiatives to reduce opioid prescribing, proven methods for reducing the impact of opioid addiction.”

NY Adds Opioid Replacement as Qualifying Condition

Last summer, New York took similar action. The state enacted emergency regulations authorizing registered practitioners to certify patients to use medical marijuana as a replacement for opioids, provided that the precise underlying condition for which an opioid would otherwise be prescribed is stated on the patient’s certification. Adding opioid replacement as a qualifying condition allows patients with severe pain that doesn’t meet the definition of chronic pain to use medical marijuana as a replacement for opioids.

“Medical marijuana has been shown to be an effective treatment for pain that may also reduce the chance of opioid dependence,” said New York State Health Commissioner Dr. Howard Zucker. “Adding opioid replacement as a qualifying condition for medical marijuana offers providers another treatment option, which is a critical step in combatting the deadly opioid epidemic affecting people across the state.”

Studies Show Access to Cannabis Eases Opioid Epidemic

The availability of medical cannabis has been shown to reduce opioid prescribing and addiction. A study published last summer found that medical marijuana laws were associated with an almost 30 percent reduction in the amount of Schedule III opioids prescribed to Medicaid enrollees. “[I]f all the states had legalized medical cannabis by 2014, Medicaid annual spending on opioid prescriptions would be reduced by 17.8 million dollars,” the study projected.

Another recent study found that counties with medical marijuana dispensaries experience six to eight percent fewer opioid overdose deaths overall and 10 percent fewer heroin overdose deaths. “Importantly, these effects are limited to counties where dispensaries opened and do not apply to non-dispensary counties in states with that have legalized medical cannabis,” the researchers explained. That is, “while legalizing medical cannabis is not associated with lower levels of opioid overdose mortality, the presence of dispensaries has a large negative impact on the number of opioid-related deaths.”

Key Takeaway

The addition of opioid addiction/replacement as a qualifying condition is good news for everyone, including patients, medical cannabis dispensaries, and the public. Of course, both New Jersey and New York are now considering whether to legalize recreational cannabis. While the efforts are advancing in New York, legislation has stalled again in New Jersey as lawmakers hash out the final details, including oversight and taxing.

If you have any questions, please contact us

If you have any questions or if you would like to discuss the matter further, please contact me, Dan McKillop, 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
Smart Contract Legal Issues: Drafting Agreements for Blockchain post image

Smart Contract Legal Issues: Drafting Agreements for Blockchain

Smart contracts feature a unique blend of legal agreement and technical code. This innovation has the potential to reshape how business is conducted. At the same time, smart contract legal issues around enforceability, jurisdiction, identity, and compliance are common. The legal framework for these self-executing agreements is still evolving. What Are Smart Contracts? Smart contracts, […]

Author: Bryce S. Robins

Link to post with title - "Smart Contract Legal Issues: Drafting Agreements for Blockchain"
Are Stay Interviews the Key to Retaining Top Talent? post image

Are Stay Interviews the Key to Retaining Top Talent?

Retaining top talent continues to be one of the greatest challenges facing employers today. Even in an employer’s market, the loss of a key employee can disrupt operations and result in significant costs. While compensation plays a role, long-term retention often depends on workplace culture, communication, and employee engagement. One increasingly popular strategy for improving […]

Author: Angela A. Turiano

Link to post with title - "Are Stay Interviews the Key to Retaining Top Talent?"
Why Secured Transactions Are Important post image

Why Secured Transactions Are Important

Secured transactions form the backbone of a wide range of business dealings, including business loans, mortgages, and inventory financing. Because the stakes are often high and relatively minor oversights can have drastic consequences, lenders and borrowers should thoroughly understand how to form an enforceable security agreement that protects their legal rights. What Is a Secured […]

Author: Dan Brecher

Link to post with title - "Why Secured Transactions Are Important"
Don’t Cash a “Paid in Full” Check Without Understanding the Legal Implications post image

Don’t Cash a “Paid in Full” Check Without Understanding the Legal Implications

Cashing a check marked “paid in full” can be a risky endeavor, particularly if you don’t fully understanding the legal implications. If you are owed more than the amount of the check you accept and deposit, you may waive your right to collect the full disputed amount. That is why you should consider either rejecting […]

Author: Dan Brecher

Link to post with title - "Don’t Cash a “Paid in Full” Check Without Understanding the Legal Implications"
Changes to Qualified Small Business Stock Will Benefit Startup Founders and Investors post image

Changes to Qualified Small Business Stock Will Benefit Startup Founders and Investors

The One Big Beautiful Bill Act of 2025 (OBBBA) significantly impacts federal taxes, credits, and deductions. A key change relating to Qualified Small Business Stock (QSBS) allows greater tax-free gains for investments in startups and other qualifying small businesses. Company founders and other investors should understand how the enhanced tax strategy works or risk missing […]

Author: Dan Brecher

Link to post with title - "Changes to Qualified Small Business Stock Will Benefit Startup Founders and Investors"
Corporate Consolidation and Antitrust Issues in Mergers post image

Corporate Consolidation and Antitrust Issues in Mergers

Corporate consolidation involves two or more businesses merging to become a single larger entity. The result is often a stronger and more competitive company that can better navigate today’s competitive marketplace. What Is Corporate Consolidation? Corporate consolidation closely resembles a basic merger transaction. The primary difference is that a consolidation creates an entirely new business […]

Author: Dan Brecher

Link to post with title - "Corporate Consolidation and Antitrust Issues in Mergers"

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.

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