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.
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.
Why Compliance Monitoring Matters for NY and NJ Businesses
Compliance programs are no longer judged by how they look on paper, but by how they function in the real world. Compliance monitoring is the ongoing process of reviewing, testing, and evaluating whether policies, procedures, and controls are being followed—and whether they are actually working. What Is Compliance Monitoring? In today’s heightened regulatory environment, compliance […]
When Are New Jersey Business Owners Personally Liable for Corporate Debt?
New Jersey personal guaranty liability is a critical issue for business owners who regularly sign contracts on behalf of their companies. A recent New Jersey Supreme Court decision provides valuable guidance on when a business owner can be held personally responsible for a company’s debt. Under the Court’s decision in Extech Building Materials, Inc. v. […]
Commercial real estate trends in 2026 are being shaped by shifting economic conditions, technological innovation, and evolving tenant demands. As the market adjusts to changing interest rates, capital flows, and workplace models, investors, owners, tenants, and developers must understand how these trends are influencing opportunities and risk in the year ahead. Overall Outlook for Commercial […]
One Big Beautiful Bill: New Tip Income Tax Rules Employers & Workers Need to Know
Part 2 – Tips Excluded from Income Certain employees and independent contractors may be eligible to deduct tips from their income for tax years 2025 through 2028 under provisions included in the One Big Beautiful Bill. The deduction is capped at $25,000 per year and begins to phase out at $150,000 of modified adjusted gross […]
One Big Beautiful Bill: New Overtime Tax Rules Employers and Employees Need to Know
Part 1 – Overtime Pay and Income Tax Treatment Overview This Firm Insights post summarizes one provision of the “One Big Beautiful Bill” related to the tax treatment of overtime compensation and related employer wage reporting obligations. Overtime Pay and Employee Tax Treatment The Fair Labor Standards Act (FLSA) generally requires that overtime be paid […]
New York’s FAIR Business Practices Act: What the New Consumer Protection Measure Means for Your Business
In 2025, New York enacted one of the most consequential updates to its consumer protection framework in decades. The Fostering Affordability and Integrity through Reasonable Business Practices Act (FAIR Act) significantly expands the scope and strength of New York’s long-standing consumer protection statute, General Business Law § 349, and alters the compliance landscape for New York […]
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!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!
