PRESS RELEASE: Trenton- Today a lawsuit was filed against the State of New Jersey over the failure to implement the Compassionate Use Medical Marijuana Act. Named in the suit are the Department of Health and Senior Services (DHSS) Commissioner Mary O’Dowd and the newly appointed director of the Medicinal Marijuana Program John O’Brien.
Civil rights attorneys William H. Buckman of Moorestown and Anne M. Davis of Brick brought the suit on behalf of a New Jersey medical patient who would qualify for cannabis access. The suit also represents one of the few medical doctors who have registered with NJ to recommend medical marijuana.
The compassionate use law was passed in January 2010 with a six-month implementation timeline. But since 2010 a series of politically motivated regulatory, legislative and bureaucratic delays have kept the program from operating at all. None of the six approved Alternative Treatment Centers have been fully permitted by DHSS to open.
“We represent a patient who suffered actual damages as a result of these delays,” said Anne Davis, “He cannot utilize the cannabis because New Jersey’s lack of a working program means he could lose his disability pension if he tested positive for cannabis.Davis continued, “Our neighbors with AIDS, cancer, MS and the worst of medical conditions have testified before the legislature and changed the law. Now, patients and doctors have to go to court to win the rights that they should have already been afforded.”
The lawsuit gathers more than two years of facts demonstrating that those in charge of the implementation process for New Jersey’s medical marijuana program have been unable or unwilling to put the law into place.
“Today we are filing suit to require the DHHS to do what every other citizen must do – follow the law,” said William Buckman, “We are also insisting that pursuant to the legislature’s will, sick people have access to medical marijuana without fear of arrest.”
