Right to Farm Argument No Good For Missouri Medical Cannabis Licensing

Right to Farm Argument No Good For Missouri Medical Cannabis Licensing
Cannabtimes

<![CDATA[A southwest Missouri family that didn’t win one of the state’s 60 medical cannabis cultivation licenses awarded in December 2019 still does not have the right to farm, the Missouri Court of Appeals for the Western District ruled May 3.Paul Callicoat and his family members, who’d hoped to turn their 70-acre Sarcoxie property into a cannabis cultivation site, filed a lawsuit against the Missouri Department of Health and Senior Services (DHSS) shortly after their application was denied in late 2019. With more than 500 applications submitted for those 60 licenses, the family’s lawyer argued the state should allow the market to decide which cultivation businesses survive and criticized the “geographical bonuses” that favored applicants from ZIP codes with high unemployment rates.RELATED: Judge Denies Restraining Order Request in Missouri Medical Cannabis LawsuitRoughly a year later, Cole County Circuit Judge Patricia Joyce rejected those arguments that the state’s limit on cultivation licenses violated the family’s “right to farm” under the state Constitution, upholding Missouri’s medical cannabis rules that were adopted after voters approved an amendment in the November 2018 election. On Tuesday, Missouri Court of Appeals for the Western District Judge Alok Ahuja wrote an opinion that also dismissed the Callicoats’ (the appellants) case. All 11 judges in the judicial body concurred. “The [DHSS’s] regulations setting limits on the number of licensed medical marijuana-related facilities are consistent with, and expressly authorized by, the plain language of Article XIV,” Ahuja wrote, referencing the voter-approved medical cannabis amendment. “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 nonmedical uses, and ensuring the health and safety of Missourians,” Ahuja added in his conclusion. “The Right to…

Excerpt only …
READ MORE BELOW
Source : Right to Farm Argument No Good For Missouri Medical Cannabis Licensing

reposted by Cannabis News World

This site uses Akismet to reduce spam. Learn how your comment data is processed.