NJ Marijuana Patients Can Qualify Virtually In COVID Pandemic

NEW JERSEY — New Jersey residents don’t have to visit a doctor’s office in person to be approved for medical marijuana or other controlled substances during the coronavirus pandemic, state officials announced Tuesday.

Effective immediately, New Jersey health care professionals can use virtual appointments to authorize medical cannabis or prescribe a controlled dangerous substance (CDS) such as painkillers.

According to the Division of Consumer Affairs (DCA), the new policy is the agency’s latest effort to comply with Gov. Phil Murphy’s directive to increase access to telemedicine in order to reduce the spread of COVID-19.

Attorney General Gurbir Grewal said doctors will still be held to the same standards as they are during in-person visits, including when it comes to opioid drugs.

Under state law, health care professionals must discuss the risks and benefits of opioid medications and alternatives, check the Prescription Monitoring Program, adhere to the five-day limit for the treatment of acute pain, and “tailor subsequent prescribing to the patient’s actual needs.”

“New Jersey health care practices are again offering in-person services, but telehealth remains an important option for patients and providers,” Grewal said. “Today, we’re making it easier for patients to choose telehealth services for any reason, including to avoid an in-person visit due to the continuing risk of COVID-19.”

DCA spokespeople said the order is consistent with guidance from the Drug Enforcement Agency (DEA), which has issued a temporary waiver that allows practitioners to prescribe a schedule II drug through telemedicine without an initial in-person exam, as long as a few conditions are met:

• The prescription is issued for a “legitimate medical purpose”
• The communications are conducted using a real-time, audio-visual, two-way interactive system
• The telemedicine encounter is “consistent with the standard of care”

The state's new policy will remain in effect until whichever of the following occurs first:

• The end of the state of emergency or public health emergency declared by the governor in Executive Order 103, whichever is later
• The end of the telemedicine allowance designated by the United States Secretary of Health and Human Services on March 16, based upon the public health emergency declared by the secretary on Jan. 31, 2020

“This action temporarily removes barriers to providing patients with the medications they need to treat chronic pain and other diseases during the COVID-19 crisis,” said Paul Rodríguez, acting director of the DCA.

“This will ensure that those in need of vital prescriptions are able to get them, without unnecessarily putting themselves, fellow patients and their healthcare providers at risk of exposure to COVID-19,” Rodríguez said.

• See related article: NJ Bill Would Stop Thousands Of Low-Level Marijuana Arrests
• See related article: NJ Marijuana Patients Can't Be Fired For Failing Drug Test, Court Says
• See related article: NJ Voters Will Decide Whether To Legalize Recreational Marijuana

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