Missouri must issue a medical cannabis cultivation license to an applicant who was not informed that a key piece of paperwork was missing from its submission, the Eastern District Court of Appeals ruled Tuesday, February 28.
Mo Cann Do Inc., which sought a license for a growing facility in Cuba, is one of the rare instances where a challenge to a cannabis licensing decision has prevailed. In December 2021, the Missouri Administrative Hearing Commission directed the Department of Health and Senior Services to issue a cultivation license to NWGMO LLC in Marceline.
There have been numerous other appeals to the state’s initial licensing decisions. It is the first time a court has ordered the department to issue a license it had previously denied, spokeswoman Lisa Cox said. Mo Cann Do submitted an application for a cultivation license in August 2019 as the department was implementing the medical cannabis program authorized by voters in November 2018. It also submitted applications for five dispensary licenses.
The department rejected the application because it did not include a “certificate of good standing,” a document issued by the Secretary of State’s office showing a business is properly registered. The department’s regulations require it to include specific details about why it is denying a license if the denial is based on missing information, Judge James Dowd wrote in his majority opinion.
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