Why do you think there are no new patients? The Government itself is projecting ten-fold growth over the next ten years. Many in the industry see it happening faster than that, based on Colorado's experience.
Of the 40,000 current patients, not all of them have been growing their own - a little over half have. Any new patients are not permitted to grow their own, notwithstanding the injunction - it only applies to past permitted growers. And of course there will be some who choose not to gamble that the injunction will stand, and opt to go mainstream with their supplier - and have far greater choice available (80+ strains?!? you couldn't do that for yourself, legally).
Let's alos consider that while not legalized, the new regulations will open up the market for use of the product to treat not only chronic pain, MS, glaucoma, but I suspect stress, anxiety, insomnia, and similar afflictions that a vast market of investment bankers, lawyers, and yes, even doctors, might suffer from, and obtain prescriptions for.