TRENTON - A Superior Court judge refused a request from two patients to appoint a monitor to supervise the state's stalled medical marijuana program Thursday and instead sent their case to the Appellate Division.
Richard Caporusso of Medford Lakes and Caroline Glock, now deceased, of Toms River sued the state Department of Health last year, saying they were denied medication because the department took nearly three years to get the program under way. Their lawyers sought a monitor and court orders compelling corrective action.
Instead, Judge Mary C. Jacobson ordered the case transferred to an appeals panel, which she said normally hears legal challenges stemming from the "actions and inactions" of administrative agencies. She denied the state's motion to dismiss the case and questioned why the department had missed several deadlines.