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A state appeals court today ruled the state Health Department must produce a report within 45 days that explains how New Jersey's medical marijuana program has been implemented, the status of dispensaries that have not yet opened, and whether there are enough growers to meet patient demand. The decision, however, is only a partial win for the patients and physician who sued the Christie administration in 2012 for intentionally delaying the program. The plaintiffs wanted the court to nullify the health department's choice of three nonprofits that have yet to have their plans for dispensaries approved nearly three years later.
The plaintiffs did not produce evidence the health department ignored its responsibilities or intentionally delayed the opening of any dispensaries, according to the ruling. Just three of the of six dispensaries, also known as alternative treatment centers, are open, including two that just opened in the last four months. A health department spokeswoman has said the others are close to securing their necessary land use approvals and passing background checks, although there is no indication when that will happen.
"Although plaintiffs are not satisfied with the pace of (dispensary) openings, we cannot conclude the delay results from (the Department of Health's) failure to perform its regulatory responsibilities," according to the decision. The panel rejected the assertion that the department "has engaged in arbitrary conduct amounting to an abuse of discretion in authorizing " medical marijuana dispensaries. But requiring the Christie administration to comply with the law and file a progress report with the legislature is a significant win, Anne Davis, the patient's attorney said. The first report should have been issued in 2011, she said. And after two years, the health department was required to entertain suggestions to expand the number of medical conditions that would deem someone eligible for participation.
The reports "will show they have not taken action, when other states have had no problems getting their programs up and running." Davis said. "We alleged there is corruption on this inside but we can't get the documents to prove it." The Department of Health "admits no formal report has ever been compiled and offers no justification for the delay in completing this task," according to the ruling. "Instead, the agency seeks to rely on its general public communications and annual report submittal during the legislative budget process. We conclude these communications are insufficient."
Health Department spokeswoman Donna Leusner said the report will be produced. "We appreciate the court's recognition that the Department acted appropriately and responsibly in adopting rules for the program, approving applications for dispensaries expeditiously and establishing legitimate steps for permitting and operation of the Alternative Treatment Centers," Leusner said. "The Department has provided updates to the Legislature through the annual budget process and now that three Alternative Treatment Centers are open, we can provide a more comprehensive report and will work to do so," Leusner said.
In the lawsuit, the attorneys for patients Richard Caporusso, Caroline Glock and physician Jeffrey Pollack were seeking wider and speedier access to medical marijuana, which the state Legislature approved in 2010 under Democratic Gov. Jon Corzine. Openly critical of the law he inherited, Christie's administration adopted stricter rules than lawmakers had sought. Christie has said repeatedly that with only about 1,600 registered patients, demand for the program is weak. His critics contend the state's slow roll-out of the law's implementation and Christie's resistance to make changes to ease patient access have deterred people from applying.
The court also denied the request to appoint the community group, the Coalition for Medical Marijuana of New Jersey, as a monitor for the program's progress. "Other than its omission of required progress reports, we do not agree (the Department of Health) has ignored its responsibilities or refused to comply with the legislative mandate to implement the medical marijuana program," according to the ruling. The open dispensaries are Greenleaf Compassion Center, Montclair; Compassionate Care Foundation, Egg Harbor; and Garden State Dispensary, Woodbridge.
The three dispensaries that have yet to open are Breakwater Alternative Treatment Center, planned for central Jersey; Foundation Harmony, planned for north Jersey; and Compassionate Sciences, planned for south Jersey. Representatives for these centers could not immediately be reached for comment.
News Moderator - The General @ 420 MAGAZINE ®
Source: Nj.com
Author: Susan K. Livio
Contact: Contact Us - NJ.com
Website: N.J. health department must produce progress report on medical marijuana program, court says | NJ.com
The plaintiffs did not produce evidence the health department ignored its responsibilities or intentionally delayed the opening of any dispensaries, according to the ruling. Just three of the of six dispensaries, also known as alternative treatment centers, are open, including two that just opened in the last four months. A health department spokeswoman has said the others are close to securing their necessary land use approvals and passing background checks, although there is no indication when that will happen.
"Although plaintiffs are not satisfied with the pace of (dispensary) openings, we cannot conclude the delay results from (the Department of Health's) failure to perform its regulatory responsibilities," according to the decision. The panel rejected the assertion that the department "has engaged in arbitrary conduct amounting to an abuse of discretion in authorizing " medical marijuana dispensaries. But requiring the Christie administration to comply with the law and file a progress report with the legislature is a significant win, Anne Davis, the patient's attorney said. The first report should have been issued in 2011, she said. And after two years, the health department was required to entertain suggestions to expand the number of medical conditions that would deem someone eligible for participation.
The reports "will show they have not taken action, when other states have had no problems getting their programs up and running." Davis said. "We alleged there is corruption on this inside but we can't get the documents to prove it." The Department of Health "admits no formal report has ever been compiled and offers no justification for the delay in completing this task," according to the ruling. "Instead, the agency seeks to rely on its general public communications and annual report submittal during the legislative budget process. We conclude these communications are insufficient."
Health Department spokeswoman Donna Leusner said the report will be produced. "We appreciate the court's recognition that the Department acted appropriately and responsibly in adopting rules for the program, approving applications for dispensaries expeditiously and establishing legitimate steps for permitting and operation of the Alternative Treatment Centers," Leusner said. "The Department has provided updates to the Legislature through the annual budget process and now that three Alternative Treatment Centers are open, we can provide a more comprehensive report and will work to do so," Leusner said.
In the lawsuit, the attorneys for patients Richard Caporusso, Caroline Glock and physician Jeffrey Pollack were seeking wider and speedier access to medical marijuana, which the state Legislature approved in 2010 under Democratic Gov. Jon Corzine. Openly critical of the law he inherited, Christie's administration adopted stricter rules than lawmakers had sought. Christie has said repeatedly that with only about 1,600 registered patients, demand for the program is weak. His critics contend the state's slow roll-out of the law's implementation and Christie's resistance to make changes to ease patient access have deterred people from applying.
The court also denied the request to appoint the community group, the Coalition for Medical Marijuana of New Jersey, as a monitor for the program's progress. "Other than its omission of required progress reports, we do not agree (the Department of Health) has ignored its responsibilities or refused to comply with the legislative mandate to implement the medical marijuana program," according to the ruling. The open dispensaries are Greenleaf Compassion Center, Montclair; Compassionate Care Foundation, Egg Harbor; and Garden State Dispensary, Woodbridge.
The three dispensaries that have yet to open are Breakwater Alternative Treatment Center, planned for central Jersey; Foundation Harmony, planned for north Jersey; and Compassionate Sciences, planned for south Jersey. Representatives for these centers could not immediately be reached for comment.
News Moderator - The General @ 420 MAGAZINE ®
Source: Nj.com
Author: Susan K. Livio
Contact: Contact Us - NJ.com
Website: N.J. health department must produce progress report on medical marijuana program, court says | NJ.com
