N.J. Stat. tit. 26, ch. 2L

in effect

N.J. Stat. § 26:2L-1 Short title

This act shall be known and may be cited as the "Controlled Dangerous Substances Therapeutic Research Act." L.1981, c. 72, s. 1, eff. March 23, 1981.

N.J. Stat. § 26:2L-2 Legislative findings and declarations

The Legislature finds and declares that recent medical research has shown that the therapeutic use of certain Schedule I controlled dangerous substances may alleviate the nausea and ill-effects of certain medical treatment, such as cancer chemotherapy, and, additionally, may alleviate the ill-effects of certain diseases, such as glaucoma. The Legislature further recognizes that there is a need for further therapeutic research with regard to the use of such controlled dangerous substances for these purposes under strictly controlled circumstances. It is for this purpose that the "Controlled Dangerous Substances Therapeutic Research Act" is hereby enacted. L.1981, c. 72, s. 2, eff. March 23, 1981.

N.J. Stat. § 26:2L-3 Definitions

As used in this act: a. "Board" means the Therapeutic Research Qualification Review Board established in section 5 of this act. b. "Commissioner" means the State Commissioner of Health. c. "Schedule I controlled dangerous substance" means a controlled dangerous substance having a high addiction liability; no accepted medical use in the United States; and listed in New Jersey Administrative Code 8:65-10.1. d. "Drugs" means drugs as defined in section 2 of P.L.1970, c. 226 (C. 24:21-2). e. "Practitioner" means a physician licensed to prescribe and administer drugs which are subject to the "New Jersey Controlled Dangerous Substances Act" (P.L.1970, c. 226). f. "Program" means the controlled dangerous substances therapeutic research program established in this act. L.1981, c. 72, s. 3, eff. March 23, 1981.

N.J. Stat. § 26:2L-4 Program; establishment; administration; rules and regulations; patients; certification; confidentiality of names and records

a. There is hereby established in the State Department of Health, the controlled dangerous substances therapeutic research program. The program shall be limited to therapeutic research programs presently conducted by the Bureau of Drugs in the Food and Drug Administration of the U.S. Department of Health and Human Services or its successor and shall be administered by the commissioner who shall promulgate rules and regulations necessary for the administration of this act, including but not limited to rules and regulations which may be necessary to require patients desiring certification pursuant to section 5 of this act to release their medical records for the purposes of certification and follow-up reports. In making such promulgations, the commissioner shall take into consideration all Federal controlled dangerous substances laws and rules adopted pursuant to such laws. b. The program shall be limited to patients who are certified to the board, established by section 5 of this act, by a practitioner as being involved in a life-threatening or sense-threatening situation and who are not responding to drugs or where the drugs administered have proven to be effective but where the patient has incurred severe side effects. c. The names and medical records of individual patients who have either requested certification or have been certified pursuant to section 5 of this act shall not be released in any form which identifies the individual, except that the names and records of such individuals shall be made available upon request for use in the enforcement of laws regarding controlled dangerous substances (P.L.1970, c. 226; C. 24:21-1 et seq.). L.1981, c. 72, s. 4, eff. March 23, 1981.

N.J. Stat. § 26:2L-5 Therapeutic research qualification review board; members; appointment; compensation; duties; certification of practitioners and patients

a. The commissioner, after consulting with the Medical Society of New Jersey, shall appoint a Therapeutic Research Qualification Review Board to serve at his pleasure. The board shall be comprised of physicians licensed to practice medicine and surgery in New Jersey and who are well qualified in their specialties. Members of the board may be reimbursed for their attendance at meetings at the rate of $35.00 per day. b. The board shall review all practitioners applying for participation in the program and certify their participation in the program. c. The board shall have the authority to approve for participation in the program any patient who is certified to it by a practitioner, pursuant to the provisions of section 4b. of this act. L.1981, c. 72, s. 5, eff. March 23, 1981.

N.J. Stat. § 26:2L-6 Schedule I controlled dangerous substance; agreement for receipt for purposes of act; transfer to certified practitioners for use; inapplicability of act to receipt from National Cancer Institute

a. The commissioner shall enter into an agreement with the National Institute on Drug Abuse for receipt of a Schedule I controlled dangerous substance for the purposes prescribed in this act, subject to the provisions of all Federal controlled dangerous substances laws and rules adopted pursuant to such laws. b. The commissioner shall provide for a Schedule I controlled dangerous substance received pursuant to subsection a. of this section to be transferred to those practitioners certified by the board to participate in the program. c. Patients and practitioners receiving Schedule I controlled dangerous substances through the National Cancer Institute's Investigational Drug Branch shall not be subject to the provisions of this act. L.1981, c. 72, s. 6, eff. March 23, 1981.

N.J. Stat. § 26:2L-7 Reports by participating practitioners

Participating practitioners shall submit to the commissioner reports on the use of Schedule I controlled dangerous substances received by their patients pursuant to this act. L.1981, c. 72, s. 7, eff. March 23, 1981.

N.J. Stat. § 26:2L-8 Review of reports; report by board and commissioner to legislature and Governor

The board shall review all reports of use of Schedule I controlled dangerous substances in such cases, and the commissioner, in conjunction with the board, shall report his findings and recommendations to the Legislature and Governor on an annual basis regarding the effectiveness of the program. L.1981, c. 72, s. 8, eff. March 23, 1981.

N.J. Stat. § 26:2L-9 Inapplicability of laws on controlled dangerous substances

Notwithstanding any laws to the contrary, nothing in the laws dealing with controlled dangerous substances shall be construed to prohibit a program of therapeutic research with regard to the use of certain Schedule I controlled dangerous substances in certain situations, as provided in section 4b. of this act. L.1981, c. 72, s. 9, eff. March 23, 1981.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.njleg.state.nj.us/legislative-activity/statutesFetched: 10/17/2026