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CAPORUSSO v. NJ DEPT. OF HEALTH

DOCKET NO. A-2266-12T3

82 A.3d 290 (2014)

434 N.J. Super. 88

Richard CAPORUSSO and Jill Caporusso, Caroline Glock and Others Similarly Situated; Jeffrey S. Pollack, M.D., Plaintiffs-Appellants, v. NEW JERSEY DEPARTMENT OF HEALTH AND SENIOR SERVICES, Defendant-Respondent, and Mary E. O'Dowd, MPH, or Successor Commissioner of the New Jersey Department of Health and Senior Services; John H. O'Brien, Jr., or Successor Director of the New Jersey Compassionate Use Medical Marijuana Program, Defendants.

Superior Court of New Jersey, Appellate Division.

Decided January 13, 2014.

Attorney(s) appearing for the Case

Anne M. Davis and William H. Buckman , Moorestown, argued the cause for appellants.

Michael J. Kennedy , Deputy Attorney General, argued the cause for respondent ( John J. Hoffman , Acting Attorney General, attorney; Melissa H. Raksa , Assistant Attorney General, of counsel; Mr. Kennedy, on the brief).

Before Judges LIHOTZ, MAVEN and HOFFMAN.

The opinion of the court was delivered by

LIHOTZ, J.A.D.

Plaintiffs Richard Caporusso, Jill Caporusso, Caroline Glock and Jeffrey S. Pollack, M.D., filed this action against defendants, the New Jersey Department of Health and Senior Services, which is now known as the Department of Health (DOH);1 Mary E. O'Dowd, MPH, DOH's Commissioner (Commissioner); and John H. O'Brien, Jr., the Director of the Medicinal Marijuana Program (MMP...

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