CCF applied for a stay of the process last year, too, after filing an objection appeal against the state which it contends “ignored a clear statutory mandate” and “flip-flopped on a prior standard it previously argued was ‘integral’ to the success of the medical marijuana program” – geographic diversity – by permitting MPX to locate their dispensary at 118 St. James Place in Atlantic City.
The New Jersey Department of Health’s decisions don’t explain why it would neglect to follow a statutory mandate or divert from prior policy, CCF contends.
The January 2019 stay was denied on the grounds that it would take a while for MPX to get up and running, so the issues could be worked out before it opens. At the time, the court told CCF to once again seek a stay if “circumstances change or advance to the point where the imminence of irreparable injury is presented.”
CCF reapplied for the stay Monday because circumstances have changed: The Botanist by CCF is open, the opening of MPX’s dispensary is imminent, and CCF’s case against the state still has not been heard.
“It’s not the fault of the dispensary, it’s the fault of the state. The State of New Jersey didn’t follow their own rules,” CCF Chair of the Board Dave Knowlton said.