Equally frustrating for NJ MMP patients and potential business owners is the stay on the 2019 request for medical cannabis applications by the Appellate Division – The intermediary court in New Jersey that has jurisdiction over administrative agency decisions.
To review the timeline:
- In August 2019, Valley Wellness applied for a medical dispensary permit in central New Jersey
- In November 2019, The Department of Health disqualified a handful of applicants for technical reasons. Those disqualified have 30 days under law to appeal. Some did appeal.
- In December 2019 the appellate division entered a temporary injunction, which then turned into a complete stay of the 2019 “RFA” process.
- In June 2020, the department of health sought permission from the court to re-start scoring of the remaining (non-disqualified) applications. The court denied this request.
There is no court date set.
- On October 20, 2020, the appellate division heard oral arguments on the 2018 RFA appeals. This might give some idea of the time frame that we could be looking at with a decision from the court on the 2019 RFA.
The only way that the 2019 RFA process gets kick-started again is:
- The court sets a date for argument, renders a decision, or remands the case for an administrative hearing at The Department of Health.
- The Department of Health agrees to score the disqualified applicants that appealed.
- The disqualified applicants withdraw their request for relief.
All of the above options have been on the table for a while now. The case is briefed and there have been settlement conferences, where neither party was willing to settle. So we are still at a standstill. . . Going on 15 months since applicants, like myself, applied to open up shop.