Search Rutgers Law Library N.J. Court Opinions

1 STEVEN KADONSKY v. STEVE C. LEE -- rank: 1000

... passed the New Jersey Compassionate Use Medical Marijuana Act (CUMMA), N.J.S.A. 24:6I-1 to -16, in 2010, marijuana no longer satisfied ... that the substance 'has no accepted medical use in treatment,' N.J.S.A. 24:21-5(a). On January 9, 2015, the acting director ... see 21 U.S.C.A. § 812(c), and N.J.S.A. 24:21-3(c) requires that he 'similarly control the substance ... In 1971, the New Jersey Controlled Dangerous Substances Act (CDSA), N.J.S.A. 24:21-1 to -56, became effective and gave the Director ... or deleted as a controlled dangerous substance under Federal law.' N.J.S.A. 24:21-3(c). 6 A-3324-14T4 At the outset, we note a conflict between section (a) of N.J.S.A. 24:21-3, which appears to grant the Director the ...

docket:	a3324-14
court:	NJ Superior Court Appellate Division
decided:	2017-10-31
status:	published
citation:	452 N.J.Super. 198 172 A.3d 1090
Document Size:	119006

2 RICHARD CAPORUSSO v. NEW JERSEY DEPARTMENT OF HEALTH AND SENIOR SERVICES -- rank: 901

... the New Jersey Compassionate Use Medical Marijuana Act (the Act), N.J.S.A. 24:6I-1 to -16. The Act legalizes the production, sale ... is included as a controlled dangerous substance, as defined in N.J.S.A. 24:21-2, "[c]ompassion dictates that a distinction be made between medical and non-medical uses of marijuana." N.J.S.A. 24:6I-2(e). The Act broadly seeks "to protect from ... conditions to which the use of medicinal marijuana is permitted, N.J.S.A. 24:6I-3, the Act directs DOH to establish a registry ... qualifying patients and their caregivers and issue registry identification cards. N.J.S.A. 24:6I-4(a). Further, the Act proposes to license alternative treatment centers (ATC) to cultivate and distribute medicinal marijuana. N.J.S.A. 24:6I-7. The Act includes few details for its ...

docket:	a2266-12
court:	NJ Superior Court Appellate Division
decided:	2013-09-18
status:	published
citation:	434 N.J.Super. 88 82 A.3d 290
Document Size:	71176

3 STATE OF NEW JERSEY v. W.S.B. -- rank: 890

... Act'), N.J.S.A. 2C:35-30 to -31; N.J.S.A. 24:6J-1 to -6. The OPA, which the Legislature enacted ... perceived to be experiencing a 'drug overdose,' as defined by N.J.S.A. 24:6J- 3; or (2) who experience a drug overdose and ... witnesses and victims of drug overdoses to seek medical assistance.' N.J.S.A. 24:6J-2. The Act specifically aims to promote the wider ... acute condition' indicative of a 'drug overdose,' as defined in N.J.S.A. 24:6J-3. On appeal, the State argues that the trial ... a 'drug overdose' that the Legislature chose to adopt in N.J.S.A. 24:6J-3 does not turn on concepts of 'intoxication.' Instead ... the immunity, including the definition of a 'drug overdose' under N.J.S.A. 24:6J-3, are satisfied. The sparse record in this ...

docket:	a5569-16
court:	NJ Superior Court Appellate Division
decided:	2018-02-26
status:	published
citation:	453 N.J.Super. 206 180 A.3d 1168
Document Size:	140002

4 THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY v. THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY POLICE BENEVOLENT ASSOCIATION, INC. -- rank: 885

... awards, compare N.J.S.A. 2A:24-7, and N.J.S.A. 24-8, with N.Y. C.P.L.R. 7510, and ...

docket:	a3104-17
court:	NJ Superior Court Appellate Division
decided:	2019-05-28
status:	Published
citation:	459 N.J.Super. 278 209 A.3d 897
Document Size:	28485

5 STATE OF NEW JERSEY V. GEORGE A. MYERS -- rank: 883

... of the New Jersey Compassionate Use Medical Marijuana Act (CUMMA), N.J.S.A. 24:6I-1 to -16, the odor of marijuana can no ... marijuana")). "Marihuana" is still classified as a controlled dangerous substance. N.J.S.A. 24:21-5(e)(10). Thus, its possession is prohibited by ... be made between medical and non-medical uses of marijuana." N.J.S.A. 24:6I-2(e). The Legislature stated that "the purpose of ... by qualifying patients who obtain the appropriate registry identification card. N.J.S.A. 24:6I-6; N.J.S.A. 2C:35-18. The ... a physician pursuant to a bona fide physician-patient relationship." N.J.S.A. 24:6I-3; accord N.J.A.C. 8:64-1 ... to apply for registration for the medical use of marijuana." N.J.S.A. 24:6I-3; see N.J.A.C. 8:64- ...

docket:	a4295-12
court:	NJ Superior Court Appellate Division
decided:	2015-09-08
status:	published
citation:	442 N.J.Super. 287 122 A.3d 994
Document Size:	53472

6 IN THE MATTER OF THE APPLICATION FOR MEDICINAL MARIJUANA ALTERNATIVE TREATMENT CENTER FOR PANGAEA HEALTH AND WELLNESS, LLC -- rank: 883

... The Applicable Legislation. The Compassionate Use of Medical Marijuana Act, N.J.S.A. 24:6I-1 to -30, which was enacted on January 18 ... penalties in New Jersey for possessing marijuana for medical purposes. N.J.S.A. 24:6I-2(e).1 To qualify, a patient must suffer ... conditions or from any condition the Department establishes as debilitating. N.J.S.A. 24:6I-3. The Compassionate Use Act also protects those authorized ... process, and dispense marijuana pursuant to the statute's terms, N.J.S.A. 24:6I- 7, and charges the Department with implementing the State's Medicinal Marijuana Program (the Program), N.J.S.A. 24:6I-3. See Natural Med., Inc. v. N.J. Dep ... issuing permits for the operation of Alternative Treatment Centers (ATCs). N.J.S.A. 24:6I-4; N.J.S.A. 24:6I-7. ...

docket:	a2204-18
court:	NJ Superior Court Appellate Division
decided:	2020-11-25
status:	Published
citation:
Document Size:	125791

7 IN THE MATTER OF THE CANNABIS REGULATORY COMMISSION'S DISQUALIFICATION OF BLOOM MEDICINALS OF PA, LLC FROM FURTHER CONSIDERATION OF AWARD OF PERMIT TO OPERATE AN ALTERNATIVE TREATMENT CENTER UNDER THE 2018 REQUEST FOR APPLICATIONS PURSUANT TO COURT O -- rank: 878

... and analysis. I. The Compassionate Use of Medical Cannabis Act, N.J.S.A. 24:6I-1 to - 56 (the Act), provides qualifying patients and ... prosecution, and other penalties for possessing cannabis for medical purposes. N.J.S.A. 24:6I-2(e).1 To qualify, a patient must suffer ... Act or from any condition the CRC establishes as debilitating. N.J.S.A. 24:6I-3. The Act also protects those authorized to produce ... process, and dispense cannabis pursuant to the statute's terms. N.J.S.A. 24:6I-7. 1 All citations to the Act are to ... qualified patients and issuing permits for the operation of ATCs. N.J.S.A. 24:6I-4; N.J.S.A. 24:6I-7; Nat. Med., 428 N.J. Super. at ...

docket:	a0569-21
court:	NJ Superior Court Appellate Division
decided:	2023-05-04
status:	Unpublished
citation:
Document Size:	80123

8 Vincent Hager v. MK Construction -- rank: 878

... J.S.A. 34:6I-14. The Compassionate Use Act, N.J.S.A. 24:6I-1 to -30, was enacted by the New Jersey ... a government medical assistance program or private health insurer.” N.J.S.A. 24:6I-14 (emphasis added). (pp. 13-15) 2. Based that ... compensation court’s determination, affirmed by the Appellate Division, that N.J.S.A. 24:6I-14 does not apply to M&K. The Court ... recognition of the potential health benefits of medical marijuana. See N.J.S.A. 24:6I-2(e). That reading, further, is supported by the ... expressly recognized by the Legislature in the Compassionate Use Act. N.J.S.A. 24:6I-2(a), -3. Thus, competent evidence relating to medical ... law based claims. 12 IV. A. The Compassionate Use Act, N.J.S.A. 24:6I-1 to -30, was enacted by the New ...

docket:	a-64-19
court:	NJ Supreme Court
decided:	2021-04-13
status:
citation:
Document Size:	106406

9 NATURAL MEDICAL, v. NEW JERSEY DEPARTMENT OF HEALTH AND SENIOR SERVICES -- rank: 864

... 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 ... October 1, 2010. L. 2010, c. 36, § 1. See N.J.S.A. 24:6I-1 (discussing the amendment in the historical and statutory ... the responsibility for implementing the State's medicinal marijuana program. N.J.S.A. 24:6I-1 to -16. These responsibilities include establishing a registry of qualified patients and primary caregivers, N.J.S.A. 24:6I-4, and processing applications for permits to operate ATCs, N.J.S.A. 24:6I-7. The Legislature authorized ATCs as the entities to ... and distribute medicinal marijuana to qualifying patients and their caregivers. N.J.S.A. 24:6I-7(a); N.J.S.A. 24:6I- ...

docket:	a3406-10
court:	NJ Superior Court Appellate Division
decided:	2012-10-04
status:	published
citation:	428 N.J.Super. 259 52 A.3d 207
Document Size:	40816

10 IN THE MATTER OF CURIO HOLDINGS NJ, LLC'S APPLICATION FOR A PERMIT TO OPERATE A VERTICALLY INTEGRATED ALTERNATIVE TREATMENT CENTER IN THE CENTRAL REGION OF NEW JERSEY -- rank: 858

... the Jake Honig Compassionate Use Medical Cannabis Act (the Act), N.J.S.A. 24:6I-1 to -30. See In re Application for Med ... CR Commission 'in, but not of, the Department of Treasury.' N.J.S.A. 24:6I-24. When it was formed, the CR Commission 'assume ... had previously been assigned to the Department of Health (DOH). N.J.S.A. 24:6I-24(a)(1). The Act directed the CR Commission ... to adopt regulations to effectuate the purpose of the Act. N.J.S.A. 24:6I-7(i) and -16. Accordingly, the CR Commission has ... permits to certified minority, women's, and disabled veterans' businesses.' N.J.S.A. 24:6I-7.2(g); see also N.J.S.A. 24:6I-25; N.J.A.C. 17:30A-6. ...

docket:	a0947-21
court:	NJ Superior Court Appellate Division
decided:	2023-08-30
status:	Unpublished
citation:
Document Size:	61601

11 STATE OF NEW JERSEY v.. DIANE O'BRIEN -- rank: 848

... treatment under section 27 of P.L. 1970, c. 226 [ N.J.S.A. 24:21-27], shall not be eligible for supervisory treatment under ... a program of pretrial intervention or conditionally discharged pursuant to N.J.S.A. 24:21-27 or N.J.S.A. 2C:36A-1 ... treatment under section 27 of P.L. 1970, c.226 [ N.J.S.A. 24:21-27], shall not be eligible for [PTI]." Similarly, under ... a program of pretrial intervention or conditionally discharged pursuant to N.J.S.A. 24:21-27 or N.J.S.A. 2C:36A-1 ... from admission into PTI who previously received supervisory treatment under N.J.S.A. 24:21-27, the predecessor to N.J.S.A. 2C ... either previously enrolled in PTI or conditionally discharged pursuant to N.J.S.A. 24:21-27 or N.J.S.A. 2C:36A- ...

docket:	a4190-09
court:	NJ Superior Court Appellate Division
decided:	2011-02-10
status:	published
citation:	418 N.J. Super. 428 14 A.3d 56
Document Size:	44956

12 State v. Richard Gomes -- rank: 832

... similar fashion to the regulation of alcohol for adults.” N.J.S.A. 24:6I-32(a). The statute broadly includes fourteen other findings ... interpretation is consistent with the litany of findings expressed in N.J.S.A. 24:6I-32(a) through (o), which reflect a clear legislative ... supervisory treatment under section 27 of L. 1970, c. 226 ([ N.J.S.A.] 24:21-27), a conditional discharge pursuant to N.J.S ... the Cannabis Regulatory Commission created by L. 2019, c. 153 ([ N.J.S.A.] 24:6I-5.1 et al.), or any successor to that ... N.J.S.A. 2C:35-5 to -10 and N.J.S.A. 24:6I-24. The other two adopted bills are Chapter 19 ... similar fashion to the regulation of alcohol for adults.” N.J.S.A. 24:6I-32(a). The statute broadly includes fourteen other ...

docket:	a-64-65-21
court:	NJ Superior Court Appellate Division
decided:	2023-02-14
status:
citation:
Document Size:	87794

13 STATE OF NEW JERSEY v. LOUIS V. GREEN -- rank: 828

... Make Law is Non- Delegable. A-3676-17 7 ii. [ N.J.S.A.] 24:21-3 and the Corresponding Administrative Code Unconstitutionally Grant Federal ... and in the New Jersey Controlled Dangerous Substances Act (CDSA), N.J.S.A. 24:21-1 to -56. The criminal law does so by ... IV, and V' to mean the 'schedules set forth in [ N.J.S.A. 24:21-5 to -8.1] and as modified by any ... pursuant to the [D]irector's authority as provided in [N.J.S.A. 24:21-3],' N.J.S.A. 2C:35-2. Under N.J.S.A. 24:21-3, the Director may affirmatively add a substance to ... Nicolas, 461 N.J. Super. 207, 211 (App. Div. 2019), ' N.J.S.A. 24:21-3(a) permits the Director to control a ...

docket:	a3676-17
court:	NJ Superior Court Appellate Division
decided:	2021-10-08
status:	Unpublished
citation:
Document Size:	68667

14 STATE OF NEW JERSEY v. ANGELO CUCULINO -- rank: 828

... as scheduling of items pursuant to the Administrative Code and [N.J.S.A.] 24:21-3.' It deemed Wetzel's testimony to be candid ... ALPHA-PVP UNDER [NEW JERSEY] LAW. THE COURTS INTERPRETATION OF N.J.S.A. 24:21-3(c) IS INCORRECT, THIS VIOLATES THE NEW JERSEY ... 2, N.J.S.A. 2C:24-21-2 [sic], N.J.S.A. 24:21-3(c), (d), [AND] N.J.S.A 24:21-31(b)(1), (2), (3) WARRANTING DISMISSAL OF THE ...

docket:	a1864-21
court:	NJ Superior Court Appellate Division
decided:	2023-06-14
status:	Unpublished
citation:
Document Size:	68054

15 JUSTIN WILD v. CARRIAGE FUNERAL HOLDINGS, INC. -- rank: 828

... permitted by the New Jersey Compassionate Use Medical Marijuana Act, N.J.S.A. 24:6I-1 to -16, as part of his cancer treatment ... require[s]' an employer to accommodate a medical marijuana user, N.J.S.A. 24:6I-14. Based on that provision, defendants argued – and ... such a requirement might not be imposed by other legislation. N.J.S.A. 24:6I-14. In short, like the first law of thermodynamics ... pain or other symptoms associated with certain debilitating medical conditions,' N.J.S.A. 24:6I-2(a), and so it enacted the Compassionate Use ... those who are authorized to produce marijuana for medical purposes. [N.J.S.A. 24:6I-2(e).] Consistent with these purposes, the Compassionate Use ... shields qualifying users from civil penalties and other administrative actions. N.J.S.A. 24:6I-6(b). But the Compassionate Use Act expressly ...

docket:	a3072-17
court:	NJ Superior Court Appellate Division
decided:	2019-03-27
status:	Published
citation:	458 N.J.Super. 416 205 A.3d 1144
Document Size:	44036