The judgement was handed down Friday 20 April 2018
Precis
An applicant for one of the dispensary permits did not get what they wanted, and in this case was asking for a revision to the process that would have re-started everything and would derail the state medical marijuana program for everyone else and what they have been working on to date.
Josh Horn – Fox Rotschild – Commentary
The Commonwealth Court got it right. Keystone ReLeaf failed to pursue the correct avenue for the remedy it sought. The dismissal of the case effectively rebuked an attack on the entire system and ensures that Pennsylvanians’ can receive treatment for their serious medical conditions without interruption from a disgruntled applicant.
Additional Commentary – Josh Horn – Fox Rotschild 23 April 2018
It remains to be seen what will come out of Keystone ReLeaf’s administrative appeals, but I anticipate that the Commonwealth Court will have to revisit this matter down the road. For many applicants, the process can be frustrating, but that’s how government works in this country. Unless the design of a system is changed, you have to operate within the system. Each state has a process for when you have an adverse finding by a government agency, and you have to pursue a remedy through the agency first before you go to court.
The Judgement
PO Sus. Compl PR Dis-C2-C3
