Ohio unveiled its medical marijuana program. The Ohio Department of Commerce collected applications from dozens of prospective cultivators. Few of the businesses that applied were actually granted cultivator licenses. Most were rejected on the basis that they did not pass the state's complex scoring system. Now, the battle has begun.
Is Ohio Failing To Follow Its Own Rules?
According to an article from Cleveland.com, six businesses are suing the Ohio Department of Commerce over rejected cultivator applications, claiming the Department did not follow its own rules for processing applications.
The lawsuit alleges that more than a dozen of the applications were scored incorrectly. Furthermore, it claims that several of the businesses that were granted licenses to cultivate medical marijuana did not actually meet the pass-fail criteria and should have been rejected on that basis.
Perhaps the most telling complaint that shows flaws in the system is that some of the consultants hired to score applications actually had ties to the businesses granted cultivator licenses, demonstrating a clear conflict of interest.
Businesses Need To Know That A Rejected Application Is Not The End
Many of the businesses that applied for licenses to cultivate medical marijuana in Ohio put a great deal of effort into the venture ahead of time. If anything, this lawsuit shows that there are good reasons not to give up on the endeavor and to push back when an application is rejected.
Businesses that have been denied cultivator licenses may pursue an administrative appeal. This may be sufficient to remedy or clarify the issue and obtain a license. When it does not, businesses may take the matter to a higher level and file a lawsuit.