New Jersey OKs Medical Marijuana Prescriptions Via Telehealth

New Jersey state officials have expanded telehealth guidelines to enable providers to remotely prescribe medical marijuana during the coronavirus pandemic.

An Administrative Order issued this week by the state Attorney’s General’s Division of Consumer Affairs temporarily waives the requirement for an in-person exam before providers can use connected health channels to prescribe, dispense or administer certain controlled dangerous substances (CDS), such as medical marijuana, for the treatment of chronic pain. The order remains in effect for the duration of the public health emergency.

“New Jersey health care practices are again offering in-person services, but telehealth remains an important option for patients and providers,” Attorney General Gurbir S. Grewal said in a press release. “Today, we are 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.  Doctors who use telemedicine to prescribe CDS or authorize medical marijuana will be held to the same professional standards as for in-person visits and must comply with all of the important safeguards we have adopted to prevent diversion and misuse.”

The order also allows providers to use telehealth to satisfy regulatory requirements when issuing a certificate to use medical marijuana.

“Physicians may utilize telemedicine to conduct a comprehensive medical history and an evaluation, as appropriate, to make a diagnosis and manage the treatment of a qualifying condition, as long as the telemedicine encounter is conducted using an audio-visual, real-time, two-way interactive communication system, and is consistent with the standard of care,” the order states.

It also allows providers to use telehealth to conduct assessments and care management reviews with patients being prescribed CDS for the management of chronic pain.

“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,” Paul R. Rodríguez, Acting Director of the Division of Consumer Affairs, said in the release. “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.”

New Jersey is among a handful of states taking a proactive approach toward the use of telehealth to prescribe medical marijuana. Delaware, Louisiana and Washington DC – as well as Jamaica – have included the service in its telehealth guidelines during the COVID-19 emergency.

Last year, lawmakers saw a bill introduced that would have allowed providers to prescribe medical marijuana via telehealth, but that bill died in committee. A new bill was introduced this spring and is making its way theough the Legsilature.

The state is now preparing for a referendum vote later this year on the legalization of cannabis for adult use.

Some states, such as Virginia, Arkansas, Colorado, Illinois and Washington, have drafted telehealth legislation specifically banning providers from prescribing or dispensing medical marijuana through a virtual visit. Others, like New Mexico and Hawaii, allow telehealth to be used after the provider and patient have met in person, while New York allows for telehealth without a prior meeting.

California, which legalized medical marijuana in 1996 and has since seen the development of a multi-million-dollar industry, also takes a lenient approach.

“The initial examination for the condition for which marijuana is being recommended must be an appropriate prior examination and meet the standard of care,” the state’s statute cites. “Telehealth, in compliance with Business and Professions Code section 2290.5, is a tool in the practice of medicine and does not change the standard of care.”