Sponsored by:
Assemblywoman VERLINA REYNOLDS-JACKSON
District 15 (Hunterdon and Mercer)
SYNOPSIS
Establishes program to subsidize purchase price of medical cannabis for registered qualifying patients enrolled in Medicaid or NJ FamilyCare programs.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning medical cannabis, amending P.L.2021, c. (passed both Houses on December 17, 2020 as Assembly Bill No. 21(2R) of 2020/2021), and supplementing P.L.2009, c.307 (C.24:6I-1 et al.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 41 of P.L.2021, c. (C. ) (passed both Houses on December 17, 2020 as Assembly Bill No. 21(2R) of 2020/2021) is amended to read as follows:
41. Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Fund.
a. All fees and penalties collected by the commission, and all tax revenues on retail sales of cannabis items, and all tax revenues collected pursuant to the provisions of the Jake Honig Compassionate Use Medical Cannabis Act, P.L.2009, c.307 (C.24:6I-1 et al.), except for amounts credited to the Property Tax Reform Account in the Property Tax Relief Fund pursuant to paragraph 7 of Section I of Article VIII of the New Jersey Constitution, as well as all revenues, if any, collected for the Social Equity Excise Fee pursuant to section 39 of P.L.2021, c. (C. ) (passed both Houses on December 17, 2020 as Assembly Bill No. 21(2R) of 2020/2021), shall be deposited in a special nonlapsing fund which shall be known as the Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Fund.
b. Monies in the fund, other than any monies derived from the Social Equity Excise Fee to be appropriated annually in accordance with subsection d. of this section, shall be appropriated annually as follows:
(1) at least 70 percent of all tax revenues on retail sales of cannabis items shall be appropriated for investments, including through grants, loans, reimbursements of expenses, and other financial assistance, in municipalities defined as an impact zone pursuant to section 3 of P.L. , c. (C. ) (passed both Houses on December 17, 2020 as Assembly Bill No. 21(2R) of 2020/2021), as well as provide direct financial assistance to qualifying persons residing therein as recommended by the commission; and
(2) the remainder of the monies in the fund shall be appropriated by the Legislature to include the following:
(a) to oversee the development, regulation, and enforcement of activities associated with the personal use of cannabis pursuant to P.L.2021, c. (C. ) (passed both Houses on December 17, 2020 as Assembly Bill No. 21(2R) of 2020/2021), and assist with assuming responsibility from the Department of Health for the further development and expansion, regulation, and enforcement of activities associated with the medical use of cannabis pursuant to the Jake Honig Compassionate Use Medical Cannabis Act, P.L.2009, c.307 (C.24:6I-1 et al.) and P.L.2015, c.158 (C.18A:40-12.22 et al.);
(b) to reimburse the expenses incurred by any county or municipality for the training costs associated with the attendance and participation of a police officer from its law enforcement unit, as those terms are defined in section 2 of P.L.1961, c.56 (C.52:17B-67), in a program provided by an approved school, also defined in that section, which trains and certifies the police officer, including a police officer with a working dog as that term is defined in section 1 of P.L.2006, c.88 (C.10:5-29.7), as a Drug Recognition Expert for detecting, identifying, and apprehending drug-impaired motor vehicle operators, and pay for the same training costs incurred by the Division of State Police in the Department of Law and Public Safety for the training of a State police officer or trooper, including an officer or trooper with a working dog, as a Drug Recognition Expert, as well as its costs in furnishing additional program instructors to provide Drug Recognition Expert training to police officers, troopers, and working dogs. A municipality or county seeking reimbursement shall apply to the commission, itemizing the costs, with appropriate proofs, for which reimbursement is requested and provide a copy of the certificate issued to the police officer to indicate the successful completion of the program by the police officer, and that officer s working dog, if applicable; [and]
(c) for further investments, including through grants, loans, reimbursements of expenses, and other financial assistance, in municipalities defined as an impact zone pursuant to section 3 of P.L. , c. (C. ) (passed both Houses on December 17, 2020 as Assembly Bill No. 21(2R) of 2020/2021), as well as provide direct financial assistance to qualifying persons residing therein as recommended by the commission; and
(d) to reimburse medical cannabis dispensaries and clinical registrants for subsidies applied to the purchase price of medical cannabis and medical cannabis products pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill).
The monies appropriated pursuant to paragraph (1) of this subsection shall be offset by any revenue constitutionally dedicated to municipalities defined as an impact zone pursuant to section 3 of P.L. , c. (C. ) (passed both Houses on December 17, 2020 as Assembly Bill No. 21(2R) of 2020/2021).
c. Any remaining available monies, after the appropriation of those monies in the fund in accordance with subsection b. of this section, shall be deposited in the State s General Fund.
d. (1) (a) Not less than 60 days prior to the first day of each State fiscal year, the commission shall consult and make recommendations to the Governor and Legislature for making social equity appropriations based upon the amount of any revenues collected during the current fiscal year for the Social Equity Excise Fee pursuant to section 39 of P.L. , c. (C. ) (passed both Houses on December 17, 2020 as Assembly Bill No. 21(2R) of 2020/2021), or, if the commission has not imposed or adjusted the excise fee in the current fiscal year pursuant to that section, then appropriations to be made from the General Fund in an amount equal to the revenues that would have been collected had it imposed or adjusted the fee, in order to invest, through grants, loans, reimbursements of expenses, and other financial assistance, in private for-profit and non-profit organizations, public entities, including any municipality defined as an impact zone pursuant to section 3 of P.L. , c. (C. ) (passed both Houses on December 17, 2020 as Assembly Bill No. 21(2R) of 2020/2021), as well as provide direct financial assistance to qualifying persons as determined by the commission, in order to create, expand, or promote educational and economic opportunities and activities, and the health and well-being of both communities and individuals.
(b) Not less than 30 days prior to submitting its recommendations to the Governor and Legislature pursuant to subparagraph (a) of this paragraph, the commission shall hold at least three regional public hearing throughout the State, with a