Missouri’s medical marijuana license caps withstand appeal

The Missouri Western District Court of Appeals has affirmed a December 2020 decision by a Cole County judge who threw out a lawsuit alleging limitations on the number of medical marijuana licenses issued by the state were unconstitutional.

Sarcoxie Nursery Cultivation Center LLC, Sarcoxie Nursery Infusion LLC, Missouri Medical Manufacturing LLC, Missouri Medical Products LLC and GVMS Inc. appealed the ruling by then-Judge Pat Joyce after they unsuccessfully applied for licenses from the Department of Health and Senior Services to cultivate, manufacture, and/or dispense marijuana and marijuana-infused products for medicinal purposes.

After their license applications were denied, a lawsuit was filed by Paul Callicoat and his family, who hoped to be named among groups that received medical marijuana production, distribution and manufacturing licenses. They planned to do business under the names mentioned above.

In the lawsuit, the attorneys representing the Callicoats challenged the regulations which limit the total number of medical marijuana facility licenses the department will issue.

Joyce rejected the challenges by the Callicoats and upheld the department’s numerical limits on licenses. The Callicoats appealed Joyce’s ruling to the appeals court, which then affirmed the ruling by Joyce.

Joyce ruled the regulations at the heart of the lawsuit were “properly promulgated and are in compliance with Missouri’s laws and Constitution.” [Read more at News Tribune]