Appealing a Denial of a Medical Marijuana Facility License
Many applicants were left feeling gut-punched after being conditionally denied a medical marijuana cultivation license by the Missouri Department of Health and Senior Services (DHSS). You may have been among those who brought significant talent, investment, experience, and potential to the table; and are now left wondering what more you could have possibly done to be approved.
Know that it’s not over yet. As you likely know, DHSS will grant licenses to those who prevail on appeal, and under 19 CSR 30-95.025(6)(C), DHHS may grant licenses to settle appeals. It is a near certainty that more licenses will be issued.
If you want to pursue a license in “round two”, you have 30 days from the denial to file a complaint with the Missouri Administrative Hearing Commission. Once you file a complaint, you can request discovery from DHSS to build your case. You will have the burden of proof, so it’s important your complaint is well-written (and can survive a motion to dismiss) and to collect and present the best evidence for your hearing.
Every appeal has one of three outcomes; win, lose, or settle. Two out of three of these outcomes will have you harvesting. If you lose, you would have to decide whether to continue pursuing a license ultimately in the Missouri Courts.
Yes, an appeal means you are going to spend more money. We handle appeals on a fixed rate; so, while you can’t avoid the uncertainty of the outcome, you can avoid the uncertainty of the cost.
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