It has been awhile since my last blog. As you may have guessed, I am working hard on MMC/MIP compliance issues, including numerous meetings with the new director of the Medical Marijuana Enforcement Division, Mr. Dan Hartman.
Over the last several months working with Mr. Hartman and his predecessor, Mr. Matt Cook, I have developed an insight into how MMED may address each situation. This allows me to understand how MMED is “thinking” and to help predict future rules and changes.
In any event, there are times when we must stand up for our rights and challenge the laws as written and as interpreted by MMED.
Accordingly, in December, I filed the first lawsuit against MMED based on its denial of a client’s MMC business application. The lawsuit was over whether an applicant must file an MMC business application by 8/1/10 or “within 30 days of receiving local approval.” The statute provided for both, alternative, filing deadlines. MMED determined that only the 8/1/10 filing deadline was applicable and issued a cease and desist order.
However, “the law is the law” and MMED entered into a settlement which accepted the application filing and my client was permitted to open their business.
While not every case will be successful, it is always important to try.