www.njchiropractors.com I 7 Legislative Update Chiro TE Legal Q&A S C H O L ARSHIP WI N N E R S Q Are chiropractic physicians in New Jersey allowed to dispense CBD oil to patients in New Jersey? A It depends. Cannabidiol (CBD) oil should fall within the New Jersey chiropractic scope of practice which permits the recommending and dispensing of nutritional supple- ments to patients. However, any product containing Tetrahydrocan- nibinol (THC) may be prohibited by federal law. Thus, this is a grey area of the law which depends on the product and how it is made. Federal law prohibits U.S. farmers from growing hemp as a commer- cial crop, but allows for the sale of imported, low-THC, industrial hemp products. This is under the condition that the products are made from the seed or stalk of the plant, not from the leaves and flowers. Thus, if the product contains 0 percent THC and is made to abide by the federal law, it should be legal to dispense in NJ. There has been no official guidance on this topic to date so consult with your healthcare attorney prior to dispensing any such product. Q Is it true that the New Jersey medical marijuana law has expanded to include additional diagnoses? A Yes, New Jersey Governor Phil Murphy recently signed an executive order adding to the list of permissible medical conditions that a patient may be prescribed medical marijuana in New Jersey. Five new categories of medical conditions were added to the existing list of conditions that qualify: anxiety; migraine headaches; Tourette syndrome; chronic pain related to musculoskeletal disorders; and chronic visceral pain. However, to be able to prescribe medical marijuana, a healthcare provider must partici- pate in the state program. Presently, 18,574 patients, 536 physicians, and 869 caregivers participate in the program. Q What is required to participate as a healthcare provider in the New Jersey medical marijuana program? A Physicians are required to register with the Depart- ment of Health to ensure that they meet the requirements necessary to authorize medicinal marijuana to patients. Physicians who wish to participate in the program must: 1) hold an active New Jersey medical license in good standing issued by the New Jersey Board of Medical Examiners; 2) possess an active controlled dangerous substances registration issued by the NJ Divi- sion of Consumer Affairs that is not subject to limitation; and 3) practice within the State of New Jersey. As the current law requires a medical license and controlled dangerous substance registration, chiropractic physicians do not qualify to register with the Department of Health. Jeffrey Randolph, Esq. (the author of these two articles) is an independent person of the ANJC and his views are not authorized, sponsored, or otherwise approved by the ANJC. The information provided is for general guidance on matters of interest only and may not take into account particular facts relevant to your individual situation. The application and impact of laws and health care can vary widely based on the specific facts involved. Given the changing nature of laws, rules and regulations, there may be omissions or inaccuracies in information con- tained in these materials. Accord- ingly, the information you receive is provided with the understanding that the author and the ANJC are not herein engaged in rendering legal, accounting, tax, health care or other professional advice and ser- vices nor are they providing specific advice with regard to your practice, the treatment of any specific illness, disease, deformity or condition, or any other matter that affects trade, commerce, or legal rights of others. As such, this article should not be used as a substitute for consultation with professional accounting, tax, legal, health care, or other compe- tent advisers. Before making any decision or taking any action, you should consult an appropriately trained professional. By Jeffrey Randolph, Esq. ANJC Legal Counsel