Judge rules against ADHS in medical marijuana licensing requirement

medical marijuanaA Maricopa County Superior Court judge ruled on Wednesday that the Arizona Department of Health Services’s requirement that medical marijuana Registration Certificate holders (dispensaries) must get an approval to operate within one year in order to renew their certificates is unreasonable.

Due to Judge Randall Warner’s ruling ADHS director, Will Humble, says that his department is “going to accept renewal requests for all the current dispensaries in the state, whether they’re open or not.” The initial year for dispensaries is over next week.

Many of those who had been awarded dispensary licenses last August have been struggling to make the old deadline due to state, county and municipal administrative procedures, which have delayed the opening of their dispensaries.

“The ruling also means we’ll need to rewrite our rules – but that’s not a simple process,” says Humble. “We’ll begin the process of adjusting our regulations to be in accordance with the ruling, but it will likely take several months to have everything in line.”

Humble says that the ruling will also delay the department’s decision about how to proceed with “year 2” dispensary applications.

Thirty-seven license holders have not yet received state approval under the old requirement.

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