Missouri Court Dismisses Lawsuit Challenging Medical Marijuana Licensing Caps

Missouri Court Dismisses Lawsuit Challenging Medical Marijuana Licensing Caps
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“Appellants have failed to demonstrate that those regulations are arbitrary or capricious, or that they lack a rational relationship to the important governmental interests of ensuring reasonable patient access…” By Jason Hancock, Missouri Independent Missouri’s constitution gave state regulators the authority to limit the number of licenses issued to grow and sell medical marijuana, the Missouri Court of Appeals for the Western District ruled Tuesday. The Callicoats, a family from Sarcoxie, Missouri, sued the state in 2020 after their license to open a cultivation facility was denied. The lawsuit contended that the limit on the number of medical marijuana licenses and a “geographic bonus” that favored applicants in high-unemployment ZIP codes were unconstitutional, citing the state’s right to farm amendment. Those arguments were rejected by a Cole County judge, and were similarly dismissed Tuesday by the appeals court, which determined the constitutional amendment approved by voters in 2018 that legalized medical marijuana specifically authorized license caps. “Appellants have failed to demonstrate that those regulations are arbitrary or capricious, or that they lack a rational relationship to the important governmental interests of ensuring reasonable patient access to medical marijuana, preventing criminal trafficking in marijuana for non-medical uses, and ensuring the health and safety of Missourians,” the court’s opinion says. There were 582 applicants for a cultivation license, 1,218 for a dispensary license and 430 for an infused-product manufacturing license. The state initially issued 60 cultivation licenses, 192 dispensary licenses and 86 manufacturing licenses. Those caps have become a point of controversy, with critics arguing that caps tilted the process toward monied interests and created the appearance of corruption. Those concerns have been stoked by rumblings of an FBI investigation and revelations of problems with the scoring process set up to decide who received a license. The medical marijuana industry is bankrolling…

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Source : Missouri Court Dismisses Lawsuit Challenging Medical Marijuana Licensing Caps

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