A judge dismissed a lawsuit alleging the state health department, governor and her chief of staff worked to improperly award a dispensary license outside deadlines set in state law. Mason Cave, owner of Arizona Wellness Center Springerville, sued the Arizona Department of Health Services, Gov. Katie Hobbs, chief of staff Chad Campbell and rival marijuana company Sherri Dunn, LLC for alleged violations of state law and past court orders.
In a ruling from the bench, Judge Joseph Kreamer found Cave and his company lacked standing to file in the first place. And, even if successful in establishing standing, he rejected the allegation that a license awarded via a settlement violated the Gift Clause or any prior court order.
"I agree with the defendant's arguments down the line," Kreamer said. The voter measure legalizing adult-use cannabis in 2020 set off a statutory process to award dual-use licenses, which would allow existing medical marijuana dispensaries or an applicant operating a dispensary in a county with fewer than two existing dispensaries to sell to both medical and adult-use customers.
Under state law, the Department of Health Services could only accept applications for licenses from early applicants between Jan. 19, 2021, and March 9, 2021.
Read more at Arizona Capitol Times
