A measure challenging the Christie Administration’s proposed rules for implementing the state’s medical marijuana law received final approval  in the Senate, starting the 30-day clock for the administration to amend the regulations.

The resolution (SCR-130/ACR-151) is part of a legislative process that would invalidate the Department of Health and Senior Services’ regulations as proposed and, ultimately, require the administration to rewrite the rules to bring them in line with the Legislature’s intent in creating the “New Jersey Compassionate Use Medical Marijuana Act.” Passage of the measure comes after the Governor’s announcement that he had reached a “compromise” with the Assembly on the regulations, and said he would relent on two points. The Senate sponsors, however, believe the regulations must still be revised.

The resolution sought to address four key areas of the regulations: (1) the number of cultivation and distribution centers to be established, (2) the conditions for which conventional medical treatments must be exhausted before medicinal marijuana is prescribed, (3) the potency of the marijuana to be used for medicinal purposes and (4) the time period that must elapse before new conditions could be considered for treatment. The Governor decided to relent on the first two provisions; the other concerns remain.

The measure approved today is the first step toward exercising legislative veto power, constitutional authority granted by voters in 1992 that gives the Legislature the ability to invalidate rules and regulations it finds to be inconsistent with its intent in creating the law.

The resolution (SCR-130) gives the Administration 30 days to withdraw or amend the regulations. If the Administration does not, either house of the Legislature would hold a public hearing on the invalidation or prohibition of the regulations. A transcript of the public hearing would be placed on the desks of each member of the Legislature. No sooner than 20 days after the public hearing transcript is placed on legislators’ desks, the full Legislature could adopt a second resolution to invalidate the regulations.

The bill cleared the full Senate by a vote of 22-16. It was approved in the Assembly in November by a vote of 48-22-7.

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