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NATURAL MED. v. DEPT. OF HEALTH

Docket No. A-3406-10T1

52 A.3d 207 (2012)

428 N.J. Super. 259

NATURAL MEDICAL, INC. and Nir Shalit, Appellants, v. NEW JERSEY DEPARTMENT OF HEALTH AND SENIOR SERVICES and Poonam Alaigh, M.D., as Commissioner, Respondents.

Superior Court of New Jersey, Appellate Division.

Decided October 4, 2012.

Attorney(s) appearing for the Case

Neal E. Wiesner argued the cause for appellants.

Kimberly E. Jenkins , Deputy Attorney General, argued the cause for respondents ( Jeffrey S. Chiesa , Attorney General, attorney; Melissa H. Raksa , Assistant Attorney General, of counsel; Susan J. Dougherty , Deputy Attorney General, on the brief).

Before Judges PARRILLO, SABATINO and FASCIALE.

The opinion of the court was delivered by

PARRILLO, P.J.A.D.

At issue is whether the New Jersey Compassionate Use Medical Marijuana Act (Act), N.J.S.A. 24:6I-1 to -16, grants appellants, a for-profit corporation and its principal, an unqualified right to apply for permits to operate alternate treatment centers (ATCs) to cultivate and distribute marijuana and to have their applications processed and evaluated irrespective of need. Subsumed within this...

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