SCR151

A Concurrent Resolution prohibiting the adoption of certain Department of Health and Senior Services rules implementing the “New Jersey Compassionate Use Medical Marijuana Act.”

Whereas, Pursuant to Article V, Section IV, paragraph 6 of the Constitution of the State of New Jersey, the Legislature may review any rule or regulation proposed by an administrative agency to determine if it is consistent with the intent of the Legislature, and invalidate or prohibit the adoption of a proposed rule or regulation if it finds that the proposed rule or regulation is not consistent with legislative intent; and

Whereas, Upon finding that a proposed rule or regulation is not consistent with legislative intent, Article V, Section IV, paragraph 6 of the Constitution of the State of New Jersey provides that the Legislature shall transmit its findings in the form of a concurrent resolution to the Governor and the head of the Executive Branch agency which promulgated, or plans to promulgate, the rule or regulation, and the agency shall have 30 days from the time the concurrent resolution is transmitted to amend or withdraw the proposed rule or regulation; and

Whereas, If the agency does not amend or withdraw the proposed rule or regulation, Article V, Section IV, paragraph 6 of the Constitution of the State of New Jersey provides that the Legislature may prohibit the proposed rule or regulation from taking effect or may invalidate it, in whole or in part, following a public hearing held by either House on the invalidation or prohibition of the rule or regulation, the placement of a transcript of the public hearing on the desks of the members of each House of the Legislature in open meeting for at least 20 calendar days, and a vote of a majority of the authorized membership of each House in favor of a concurrent resolution prohibiting the adoption of, or invalidating, the rule or regulation; and

Whereas, On October 6, 2010, the Department of Health and Senior Services posted on its Internet website draft proposed rules to implement the “New Jersey Compassionate Use Medical Marijuana Act,” P.L.2009, c.307 (C.24:6I-1 et al.), pending publication of the proposed rules on November 15, 2010 in the New Jersey Register (PRN 2010-293), and subsequently published proposed new rules on February 22, 2011 in the New Jersey Register (PRN 2011-054); and

Whereas, The Legislature found in Senate Concurrent Resolution 130 and Assembly Concurrent Resolution No. 151 that certain provisions of the proposed rules issued on October 6, 2010 and published on November 15, 2010 were not consistent with the Legislature’s intent to provide relief to suffering patients in this State; and

Whereas, Senate Concurrent Resolution No. 130 was substituted by Assembly Concurrent Resolution No. 151, which was transmitted on December 15, 2011 to the Governor and the Commissioner of Health and Senior Services, and filed with the Secretary of State; and

Whereas, The Department of Health and Senior Services failed to amend or withdraw the proposed regulations within 30 days after the transmission of Assembly Concurrent Resolution No. 151 to the Governor and the Commissioner of Health and Senior Services on December 15, 2011, after which the Senate Health, Human Services and Senior Citizens Committee held a public hearing on January 20, 2011; and

Whereas, A transcript of the public hearing was laid on the desk of each member of the Senate on January 31, 2011 and on the desk of each member of the Assembly on February 3, 2011; and

Whereas, Proposed N.J.A.C. 8:64-10.6(c)5, issued on October 6, 2010, published on November 15, 2010, and proposed anew on February 22, 2011, arbitrarily limits the cannabinoid profile of the medicinal marijuana to no more than 10%, and such limitations are inconsistent with the Legislature’s intent to provide relief to suffering patients in this State; and

Whereas, Proposed N.J.A.C. 8:64-10.7, issued on October 6, 2010, and published on November 15, 2010, and proposed anew on February 22, 2011, arbitrarily prohibit alternative treatment centers from cultivating more than three strains of medicinal marijuana; and

Whereas, N.J.A.C. 8:64-12.1 - 12.4 of the proposed rules issued on October 6, 2010 and published on November 15, 2010, provided for residential delivery services, but N.J.A.C. 8:64-10.12 of the proposed new rules published on February 22, 2011 would prohibit residential delivery of medicinal marijuana, and such a prohibition is not consistent with the Legislature’s intent to provide relief to suffering patients; now, therefore,

Be It Resolved by the Senate of the State of New Jersey (the General Assembly concurring):

1. The Legislature prohibits the adoption of proposed N.J.A.C. 8:64-10.6(c)5, which would limit the cannabinoid profile of the medicinal marijuana to no more than 10%.

2. The Legislature prohibits the adoption of proposed N.J.A.C. 8:64-10.7, which would prohibit alternative treatment centers from cultivating more than three strains of medicinal marijuana.

3. The Legislature prohibits the adoption of the proposed new rule that prohibits residential delivery of medicinal marijuana, published on February 22, 2011 as N.J.A.C. 8:64-10.12.

4. The Clerk of the General Assembly and the Secretary of the Senate shall transmit a duly authenticated copy of this concurrent resolution to the Governor and the Commissioner of Health and Senior Services.

STATEMENT

Pursuant to Article V, Section IV, paragraph 6 of the Constitution of the State of New Jersey, this concurrent resolution prohibits the adoption of the following proposed rules of the Department of Health and Senior Services to implement the “New Jersey Compassionate Use Medical Marijuana Act,” P.L.2009, c.307 (C.24:6I-1 et al.):

· N.J.A.C. 8:64-10.7, which would prohibit alternative treatment centers from cultivating more than three strains of medicinal marijuana;

· N.J.A.C. 8:64-10.6(c)5, which would limit the cannabinoid profile of the medicinal marijuana to no more than ten percent; and

· N.J.A.C. 8:64-10.12 published on February 22, 2011, which would prohibit home delivery of medicinal marijuana, previously permitted by N.J.A.C. 8:64-12.1 - 12.4 of the proposed rules issued on October 6, 2010 and published on November 15, 2010.

The resolution directs the Clerk of the General Assembly and the Secretary of the Senate to transmit a duly authenticated copy of this concurrent resolution to the Governor and the Commissioner of Health and Senior Services.