Dispute clouds medical-marijuana application process in N.J.

TRENTON - Monday's deadline to apply to grow and sell marijuana legally to patients in New Jersey turned out to be busier with legal maneuvers than with applications.

A state appeals court rejected an effort to get the deadline delayed. Meanwhile, 20 organizations applied to operate alternative-treatment centers to grow and sell marijuana to patients with certain conditions, but several groups that had considered applying backed out because they believe the state's proposed regulations are too restrictive for the businesses to work.

They said it wasn't fair for them to have to decide whether to apply to the state, put up the $20,000 fee, and possibly expose details of their plans while the regulations could still be in flux.

The confusion and wrangling mean that a little over a year after the state became the 14th in the nation to legalize medical marijuana, patients who would qualify don't have legal access. Patients and some medical experts say the drug can ease pain and nausea for patients with conditions including glaucoma and multiple sclerosis.

The state's proposed rules, which have been delayed and revised over the past year, have not been finalized.

The state Legislature has declared that the rules drafted by Gov. Christie's administration do not follow the Legislature's intent. Through a rare constitutional action, lawmakers could void them. No vote to do so has been scheduled - and none can be until next week.

One organization made up of about 30 prospective alternative-treatment-center owners filed legal action to try to delay the deadline. The Association of Safe Access Providers was denied Monday, though.

There would be no irreparable harm to applicants if the state rules change later, partly because the state says applicants can amend their business plans if that happens, Appeals Court Judges Paulette Sapp-Peterson and Clarkson Fisher said.

"The goal is to get that pushed back until the state follows the law," Justin Alpert, a lawyer for the group, said before Monday's ruling.

Alpert said most of the would-be marijuana providers he knew had decided not to apply because of the confusion over which rules might be implemented, and the state of the current draft regulations. Those considering applying ranged from former pharmaceutical-industry executives to organic farmers.

Twenty nonprofit groups applied to run the centers, according to the state Department of Health and Senior Services. Their identities were not made public Monday because the state had not gone through their application materials.

The state plans to license six treatment centers spread across the state.

McKinley Brown and two partners want to open an alternative-treatment center in Newark, but say they're not applying. Their organization, CFM Jr., was a plaintiff in the effort to get Monday's deadline delayed.

Brown said his main objection to the proposed rules is a rule that none of the 13 other states with legal medical marijuana has imposed: capping the amount of THC, the main psychotropic substance in marijuana, at 10 percent.

"You invest $300,000, $400,000 into equipment," he said. "Your cap grows, and it's over 10 percent, they take it."

He said it could take up to four years to grow a crop that meets the state's proposed requirement.