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Judge switches courts for case on NJ medical pot

Published on NewsOK Modified: January 24, 2013 at 4:53 pm •  Published: January 24, 2013

TRENTON, N.J. (AP) — A judge on Thursday shifted a lawsuit over New Jersey's medical marijuana program from a trial court to an appeals court in a procedural move that could delay an explanation from the state on why the program has been so slow to get off the ground.

Two would-be pot patients and a doctor sued the state Health Department last April, asking for a court to appoint a monitor to oversee the implementation of the program and for damages for would-be patients who had not been able to get marijuana legally yet.

Though New Jersey legalized medical marijuana in January 2010 in a law that called for dispensaries to be running in six months, none had opened when the suit was filed.

Now, just one of the six nonprofit groups selected by the state to grow and sell cannabis to patients with certain conditions is open. Two of the six groups do not have locations pinned down yet, and the other three are working out the details, but have not yet planted their first crops.

In court filings, the state says it's doing its part to manage the program.

But the Anne Davis, a lawyer for the plaintiffs told Superior Court Judge Mary Jacobson in a hearing Thursday that she believes the state is not doing all it can.

For instance, she said annual reports on the state of the program were due in 2011 and again last year, and neither has been delivered.

That's important, she said, because under the law that legalized medical pot, patients can petition to have the list of qualifying medical conditions expanded only after two annual reports have been issued.

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