TRENTON — The state Assembly voted today to throw out the proposed rules Gov. Chris Christie's administration wrote for New Jersey's fledgling medical marijuana program, but the Senate delayed action because it could not muster enough support.

Sen. Nicholas Scutari (D-Union) said he pulled the item he sponsored from the agenda after learning he did not have enough votes — with Sen. Loretta Weinberg (D-Bergen) absent and Sen. Brian Stack (D-Hudson) informing him he would vote no.

"It's very frustrating,'' Scutari said of Stack's reversal, noting Stack had voted for the legislation that legalized medical marijuana earlier this year. Scutari said he suspects Stack, also the mayor of financially-strapped Union City, did not want to cross the governor.

Stack's spokesman Mark Albeiz said the senator remains supportive of the law, and would support Scutari's resolution if it "clarified" how marijuana distributors were screened and how many distribution sites would be allowed. "These concerns are not unreasonable for a senator who represents a congested urban district,'' Albeiz said.

The resolution (SCR130) will be voted on at the Senate voting Dec. 13, Scutari said.

Scutari and Assembly sponsor Reed Gusiciora (D-Mercer) said the resolution is necessary because the administration's rules are so restrictive, patients would be too sick to overcome the program's many barriers.

The resolution passed in the Assembly by a 48-22 vote with seven abstentions.

Democrats object to the administration's decision to restrict the number of growers to two and the nonprofit retail sites to four with the opportunity for the owners to each open on more a year later. The law called for an initial six nonprofit grower-sellers to open - two each in the northern, central and southern parts of the state, with the potential for more at the discretion of the state health department.

Restricting the growers would mean the drug would need to be delivered by truck, which could pose security problems, Gusciora said, adding he could envision a "21st Century Jesse James" heist happening.

The lawmakers also object to the 10 percent potency limit imposed on all medical pot sold.

These and other "restrictions are clearly outside the legislative intent," Gusciora said.

"If we relax the regulations the thing will go back to being about patient care."

Christie and Health and Senior Services Commissioner Poonam Alaigh said the rules are necessary to ensure only the sickest patients get the drug, and that the law does not fuel underground illegal activity.

At a town hall meeting earlier today in Hackettstown, Christie said Democrats in the Legislature are trying to make this a political issue by undoing his regulations. He said the result is that the process gets dragged out and keeps the marijuana away from those with a legitimate need.



"If they get rid of the regulations I have, then I have to go back and rewrite those regulations," Christie said. "I want this to be finished. I want to implement it and be done with it."

Statehouse Bureau reporter Ginger Gibson contributed to this report.

Previous coverage:

• Proposed medical marijuana rules again face scrutiny from N.J. lawmakers

• Star-Ledger Guest Columnist: Snuffing out medical marijuana

• N.J. doctors required to 'make reasonable efforts' to wean patients off medical marijuana

• N.J. Senate, Assembly committees approve repealing medical marijuana rules

• N.J. Assembly to consider resolution to force change of medical marijuana rules

• N.J. lawmakers to consider medical marijuana rules at hearing today

• Complete coverage of the New Jersey medical marijuana legislation