Ohio's medical marijuana licensing procedures have not been going smoothly. Along the way, there have been many errors and many fixes, likely with more to come.
One of the key elements of the process is the right of a business to appeal a denied license when there is indication that it was denied wrongfully. A recent case shows that the appeals process may be working as it should, even if other parts of the process still need tweaking.
Denied For Not Having Enough Points
According to an article from Cleveland.com, a medical marijuana business was denied a grow license for not having a high enough score in the security portion of the application, even though the business's overall score was very high. The security portion of the application ascertains whether a medical marijuana cultivation business can keep the product safe and secure, which has been particularly important to regulators.
The business pursued an administrative appeal. At a hearing, the business argued that it indeed had the necessary security measures in place, including a lockbox and fencing, but that the scorer had failed to grant it points for these measures. The scorer claimed that he had discarded his notes about how he had determined the score. After listening to both sides, the hearing officer ordered that the business be licensed to cultivate medical marijuana.
Ideally, the business would have been granted its medical marijuana grower license upon initial application. However, this case at least demonstrates that the appeals process can work the way that it is supposed to in order to remedy errors, so businesses that face denied licenses should not give up hope before pursuing this option.