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Monday, January 13, 2014

RICHARD CAPORUSSO, ET AL. VS. NEW JERSEY DEPARTMENT OF HEALTH

 RICHARD CAPORUSSO, ET AL. VS. NEW JERSEY
DEPARTMENT OF HEALTH AND SENIOR SERVICES, ET AL.
 A-2266-12T3

Plaintiffs' action, submitted directly pursuant to
Rule 2:2-3(a)(2), seeks "injunctive and/or declaratory
relief" to compel the Department of Health to comply with
the Legislature's directives set forth in the New Jersey
Compassionate Use Medical Marijuana Act (the Act), N.J.S.A.
24:6I-1 to -16. Further, we consider whether plaintiffs
have set forth an actionable constitutional challenge.

Following our review, we conclude DOH must complete
its reporting requirements, set forth in N.J.S.A. 24:6I-
12(a)(1), (2) and (c), within forty-five days of the date
of this opinion. All other requests for relief were
denied. 01/13/14