Be Prepared to Have your Medical Marijuana Cultivator Application Denied
Published: May 09, 2017 by John IzzoThe Ohio State Bar Association hosted a Medical Marijuana Rules continuing legal education course on May 2, 2017. John Izzo and Levi Tkach of Graff & McGovern attended. Speakers included Steven W. Schierholt, Executive Director, State of Ohio Board of Pharmacy; Justin Hunt, Chief Operating Officer, Ohio Medical Marijuana Control Program, Ohio Department of Commerce; Kimberly Anderson, Chief Legal Counsel, State Medical Board of Ohio; and Erin Reed, Senior Legal Counsel, State of Ohio Board of Pharmacy.
During the program Mr. Hunt stressed that the Department of Commerce has met its first challenge. The cultivator rules were adopted on May 6, 2017. Applications for the two distinct cultivator licenses will be taken in June 2017. Late applications will not be accepted, so it is important for applicants to know which day their application is due. Applications will be graded on an undisclosed rubric. Only the top twelve Level I and Level II applicants will receive a license. The Department will summarily deny all other applicants.
Anyone denied an application for a cultivator’s license will receive notice of the denial and have the opportunity to challenge the Department’s decision at an administrative hearing. Administrative hearings are not like trials in court. While hearings and trials share some similarities, the rules and procedures are distinct. For example, many clients are shocked to hear that there is no discovery in an administrative hearing.
It is generally advisable for applicants who receive a Notice of Opportunity for Hearing regarding their application to retain qualified and experienced counsel to represent them. The failure to request or appear at a hearing permits the Department to issue an order of denial without ever considering your evidence.
The members of Graff & McGovern have the legal experience and qualifications to assist you in the Administrative Hearing process and before the Department. We are not generalists. Three of the eight specialists in administrative agency law are at Graff & McGovern.
If you have any questions about medical marijuana in Ohio, including the application and licensing process, you should consider contacting an attorney at Graff & McGovern. John Izzo of Graff & McGovern can be reached at 614-228-5800, extension 5.