Jacob Redmond
Well-Known Member
A Suffolk Superior Court judge's decision overturning the state's rejection of a medical marijuana dispensary license could have impacts for the handful of ongoing cases against the state.
Suffolk Superior Court Judge Mitchell Kaplan, in a decision issued Monday, said that the state cannot rescind the preliminary license for former Congressman William Delahunt's dispensary, Medical Marijuana of Massachusetts.
The dispensary was one of nine to have received a provisional license, only to see it clawed back when the state took another look at the 20 dispensaries it had approved. The company, which is no longer associated with Delahunt, is now proceeding with a license request for Mashpee and Plymouth.
The decision may set a precedent for the handful of ongoing cases against the Department of Public Health and its executives, bringing into question the landscape of medical marijuana dispensaries that may be allowed to move forward in coming months, and the finality of the state's rejection of licenses.
"What we have here in (with) Medical Marijuana of Massachusetts is a case that arises out of different facts, but the same kinds of detrimental alliance, and the same time of regulatory hat trick occurred in their case as in ours," said Andrea Nuciforo, an attorney representing Kind Medical Inc., an applicant for a license.
Attorneys differ on what kind of precedent the case may set.
Nuciforo said the case could be helpful for his client. Although Kind was not given a provisional license, Nuciforo said the Department of Public Health was not clear in why it ultimately rejected his client, and said his client followed the Department of Public Health's suggestions and regulations.
"The judge got it exactly right here, how fundamentally unfair this process was for people who played by the rules," said Nuciforo.
According to docket records, there are two other lawsuits against the state from applicants besides Kind that were rejected from provisional licenses.
But Thomas Bean, an attorney with Verrill Dana LLP that represented Medical Marijuana of Massachusetts, said the implications were more for the cases where licenses had been clawed back.
"For those applicants who were de-selected for a reason other than a material misrepresentation on the application, if they have pled as we have, this could make a difference for them," Bean said.
Brighton Health Advocates, which was given a provisional license and had it clawed back similar to Medical Marijuana of Massachusetts, is also suing the state, according to docket records.
According to docket information and attorneys, six other lawsuits have either been dismissed or settlements have been reached.
The state declined to comment on what kind of precedent the Suffolk Superior Court ruling might set, only saying that the agency was reviewing the decision.
News Moderator: Jacob Redmond 420 MAGAZINE ®
Full Article: Marijuana dispensary victory could set precedent for ongoing pot lawsuits - Boston Business Journal
Author: Jessica Bartlett
Contact: Contact Us - Boston Business Journal
Photo Credit: Creative Commons
Website: Business News - The Business Journals
Suffolk Superior Court Judge Mitchell Kaplan, in a decision issued Monday, said that the state cannot rescind the preliminary license for former Congressman William Delahunt's dispensary, Medical Marijuana of Massachusetts.
The dispensary was one of nine to have received a provisional license, only to see it clawed back when the state took another look at the 20 dispensaries it had approved. The company, which is no longer associated with Delahunt, is now proceeding with a license request for Mashpee and Plymouth.
The decision may set a precedent for the handful of ongoing cases against the Department of Public Health and its executives, bringing into question the landscape of medical marijuana dispensaries that may be allowed to move forward in coming months, and the finality of the state's rejection of licenses.
"What we have here in (with) Medical Marijuana of Massachusetts is a case that arises out of different facts, but the same kinds of detrimental alliance, and the same time of regulatory hat trick occurred in their case as in ours," said Andrea Nuciforo, an attorney representing Kind Medical Inc., an applicant for a license.
Attorneys differ on what kind of precedent the case may set.
Nuciforo said the case could be helpful for his client. Although Kind was not given a provisional license, Nuciforo said the Department of Public Health was not clear in why it ultimately rejected his client, and said his client followed the Department of Public Health's suggestions and regulations.
"The judge got it exactly right here, how fundamentally unfair this process was for people who played by the rules," said Nuciforo.
According to docket records, there are two other lawsuits against the state from applicants besides Kind that were rejected from provisional licenses.
But Thomas Bean, an attorney with Verrill Dana LLP that represented Medical Marijuana of Massachusetts, said the implications were more for the cases where licenses had been clawed back.
"For those applicants who were de-selected for a reason other than a material misrepresentation on the application, if they have pled as we have, this could make a difference for them," Bean said.
Brighton Health Advocates, which was given a provisional license and had it clawed back similar to Medical Marijuana of Massachusetts, is also suing the state, according to docket records.
According to docket information and attorneys, six other lawsuits have either been dismissed or settlements have been reached.
The state declined to comment on what kind of precedent the Suffolk Superior Court ruling might set, only saying that the agency was reviewing the decision.
News Moderator: Jacob Redmond 420 MAGAZINE ®
Full Article: Marijuana dispensary victory could set precedent for ongoing pot lawsuits - Boston Business Journal
Author: Jessica Bartlett
Contact: Contact Us - Boston Business Journal
Photo Credit: Creative Commons
Website: Business News - The Business Journals
