NJ Governor Conditionally Vetoes Medical Marijuana Telehealth Bill

New Jersey Governor Phil Murphy has rejected a telehealth bill recently approved by the state’s Legislature because it doesn’t go far enough.

Murphy conditionally vetoed SB 619 and A 1635, which would have allowed providers to use connected health channels to prescribe medical marijuana. The bill, which was passed in the state Assembly by a 68-6-3 vote and in the Senate by a 33-1 vote, allows for telehealth prescriptions for people who face barriers to in-person care, including children in long-term care facilities and patients who are developmentally disabled, housebound, terminally ill or in hospice care, but it first requires an in-person exam for most others and wouldn’t take effect until 270 days after its date of enactment.

The concerned Murphy, who noted in a statement that it would disrupt care for people who are now using telehealth under an emergency rule established to deal with the coronavirus pandemic.

“I commend the bill’s sponsors for working to facilitate access to medical cannabis for those who need it and I agree that telehealth authorization should continue even after the emergencies in response to COVID-19 are lifted,” he wrote. “I am concerned, however, that the bill places undue limitations on the use of telehealth in this context that are overly restrictive and unnecessary for patient safety.”

“For example, the bill would immediately, and for a period of nine months, disqualify many patients who have been successfully utilizing telehealth and telemedicine services in accordance with the authorization provided by the Director’s Administrative Order,” he added. “These patients would subsequently be required to submit to mandatory in-person office visits when their eligibility resumes. I do not agree with resurrecting old barriers to access, particularly as the pandemic continues.”

Murphy recommended changes to the bill that would gain his approval. He wants the 270-day waiting period eliminated, and replaced with wording that would allow providers to use telehealth instead of an in-person visit as long as it’s consistent with the standard of care. Providers would be able to continue using telehealth whenever in-person visits weren’t necessary.

The governor’s action was supported by some medical marijuana activists.

Jessie Gill, a nurse and cannabis activist, told NJBIZ that the conditional veto was necessary to prevent a law that would have reversed the advances that telehealth has seen.

“At the start of the pandemic, Murphy’s move to expand telehealth for medical cannabis aptly increased accessibility for countless New Jersey patients. Telehealth makes patients’ lives easier and safer,” she said.

The bill “would have once again required many patients to have in-person visits to obtain a medical cannabis recommendation. Many of the qualifying conditions, like chronic pain and anxiety, cannot be confirmed or refuted by one in-person visit,” she added. “Requiring patients to risk their lives with an in-person visit just to obtain medication is absurd. We need legislation that permanently allows telehealth for ALL medical cannabis patients.”