Court: Medical marijuana program can proceed as legal battle continues


The state's prime courtroom dominated Friday that the medical cannabis fee can challenge remaining licenses to firms to develop the drug even as legal challenges to the program's rollout proceed.


The Court of Appeals held up a case from continuing in Baltimore Circuit Court final week wherein an organization that did not win a profitable license to develop medical cannabis argues the Maryland Medical Cannabis Commission ignored a state regulation that requires candidates' racial range to be thought of when awarding preliminary licenses.



Ownership of the corporate that filed the lawsuit, Alternative Medicine Maryland, is 84 p.c African-American.


Maryland's excessive courtroom halted the case after firms with preliminary licenses to develop medical marijuana appealed Circuit Judge Barry Williams' denial of their request to testify within the case. On Friday, the Court of Appeals scheduled oral arguments on that enchantment for July 27.



Cannabis fee officers mentioned they believed the panel was capable of legally challenge licenses earlier than Friday's ruling, however selected to not as a result of they weren't clear on the courtroom's intent when it stopped the Circuit Court case final week. Williams had briefly halted the issuance of ultimate licenses, however his order expired Sunday.


Paul Davies, chairman of the fee, and Patrick Jameson, its director, declined to remark additional whereas workers and legal professionals reviewed the excessive courtroom's ruling.


The growers looking for to intervene, organized as the Maryland Wholesale Medical Cannabis Trade Association, have been happy by the courtroom's order.


"We are gratified by the Court's swift disposition of the restraining order, thus allowing this critically-important public health program to proceed," mentioned Alan Rifkin, the group's lawyer.



John Pica, an lawyer representing Alternative Medicine Maryland, mentioned the courtroom's ruling was one other "round in a championship fight."



Pica believes his consumer has a robust case, and that the fee and different rising firms could also be taking a threat shifting ahead with licenses as the legal battle continues.


"If licenses are granted and companies begin to grow, they do so at their own risk," Pica mentioned. "It's our firm position that these licenses were awarded unlawfully. We have shown clearly that the state did not follow the law."


The growers have argued that they've collectively invested greater than $200 million in getting their companies up and operating, and subsequently ought to have a voice in Alternative Medicine Maryland's lawsuit. They've argued that any additional delays within the medical cannabis program will deprive sufferers of a drug they want.


Williams, nevertheless, had dominated that firms with out remaining licenses weren't permitted to have a say in whether or not your complete licensing course of must be stopped.


Once the Court of Appeals decides whether or not to permit the businesses to intervene, then the courts will weigh the deserves of the underlying lawsuit.


So far, only one firm has acquired a remaining license to open a cannabis rising facility, ForwardGro in Anne Arundel County. None of the 15 firms chosen for rising licenses is led by African-Americans.


Maryland's medical cannabis program has been plagued with issues.


State lawmakers first legalized medical cannabis in 2013. But that regulation required the drug to be allotted by educational establishments, and none signed up.


Lawmakers retooled the program, opening it as much as personal firms to develop, course of and dispense the drug. The cannabis fee got here beneath hearth final 12 months when it bumped two high-ranking candidates down and elevated two others to attain geographic range, however didn't think about racial range in deciding on preliminary license winners.


State lawmakers thought of modifying the program through the General Assembly session that concluded in April. One invoice would have awarded new licenses in a manner that might have favored minority-owned firms, and one other would have created these new licenses as nicely as two others for the businesses that have been bumped for geographic causes.


The laws failed on the ultimate day of the annual 90-day session.


Members of the Legislative Black Caucus of Maryland have referred to as for a particular session to rethink the cannabis laws.


pwood@baltsun.com


twitter.com/pwoodreporter





Court: Medical marijuana program can proceed as legal battle continues

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