Missouri’s marijuana regulator is asking a court to throw out a February decision that granted medical marijuana cultivation licenses to related businesses Heya Kirksville and Heya Excello.
The two businesses’ cultivation license applications originally were rejected by the Missouri Department of Health and Senior Services (DHSS) in an application process overseen by a third-party contractor.
In February, however, the Missouri Administrative Hearing Commission awarded the cultivation licenses after Heya argued that its application answers were the same as those given by successful applicants.
But on March 24, the DHSS petitioned Missouri’s Circuit Court of Cole County to throw out the commission’s decision, Law360 reported.
“The DHSS said the commission’s decision is ‘arbitrary, capricious or unreasonable, ‘a violation of constitutional provisions,’ and ‘involves an abuse of discretion,’ among other things,” the legal news website reported.
Since launching MMJ sales last October, the Missouri program has been beset with disputes, including:
- A memo alleging regulatory obstruction of a government oversight committee.
- An unsuccessful legal challenge to cultivation license caps.
- A court battle over Metrc tracking tag fees.
Despite all the issues, the medical marijuana program has reached almost $25 million in sales.