Natural Medical Inc. v. New Jersey Dep’t of Health and Senior Services, A-3406-10T1; Appellate Division; opinion by Parrillo, P.J.A.D.; decided and approved for publication October 4, 2012. Before Judges Parrillo, Sabatino and Fasciale. On appeal from the New Jersey Department of Health and Senior Services. DDS No. 01-2-xxxx [17 pp.]
Under the New Jersey Compassionate Use Medical Marijuana Act, N.J.S.A. 24:6I-1 to -16, the Department of Health is responsible for implementing the state’s medicinal marijuana program. Its duties include processing applications for permits to operate alternate treatment centers (ATCs), the entities that cultivate and distribute medicinal marijuana. The act charges the DOH with ensuring the availability of a sufficient number of ATCs and requires at least two each in the northern, central and southern regions of the state. It requires that the original six ATCs be operated by nonprofit entities. Subsequent permits may be issued to for-profit or nonprofit entities. Beyond the mandated minimum, the DOH has discretion to determine how many ATCs are needed and whether the issuance of a permit to a particular applicant would be consistent with the act’s purposes.
