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Appeals Court Keeps Medical Marijuana Moving

marijuana-1281540_1280-300x225A recent Maryland Court of Appeals order likely prevented months of further delays to the medical marijuana program, and now registered patients may have access to cannabis by the end of the summer. The high court order blocked a Baltimore City judge from conducting a hearing about whether to stop the state medical cannabis commission from issuing more final grow licenses. Only one of the fifteen approved growers currently has a final license that allows the legal commencement of the cultivation process. The other fourteen were not able to secure a final license under the Baltimore City Circuit Court judge’s temporary restraining order, which was requested by minority owned grow companies that were not one of the fifteen to receive preliminary licenses to operate. The restraining order was supposed to expire on the date of the hearing, but now there will be no hearing and the order has expired.

The Court of Appeals did not release a full opinion on the matter, but rather stayed the restraining order portion of the lawsuit that is challenging whether the licensing process took race into account as required by law. The disgruntled growers requested the restraining order after arguing they would suffer greater harm should the medical marijuana program be allowed to proceed before their lawsuit is resolved. The Baltimore judge had barred the fourteen growers awaiting final licenses from participating in the restraining order hearing, which raised issues of fairness and standing, and may have prompted the Court of Appeals to issue the emergency order. Another issue the high court likely considered was the amount of money the licensed growers invested and stood to lose if the growing process was halted indefinitely. Lawyers argued that the companies who received preliminary licenses invested over $150 million in final preparation to begin growing and distributing.

Over the last four years most of the news headlines pertaining to medical marijuana here in Maryland have focused on incompetence, delays and corruption. News of the recent order by the Court of Appeals appears to buck this trend, and we could finally be approaching the home stretch where the first dose of medical cannabis reaches a patient in need. Estimates of the program officially becoming active in late summer are cautiously optimistic, but at this point there does not appear to be any impending issues that could threaten this timeline. There is always the risk that the federal government could somehow get involved, though this appears unlikely. The state’s highest court has spoken rather loudly that it believes medical marijuana should proceed without further delay. Whether the program could abruptly be halted sometime again in the future is another question, and one that will constantly be hanging over the heads of the licensed growers, distributors and patients. It has been argued that the licensing process was unconstitutional at its core, and this issue will be resolved in court or by way of negotiated settlement. A settlement however would likely have to involve the legislature granting additional license to the aggrieved parties, which is a long shot and would have legal issues of its own. For now though the medical cannabis program steams ahead and the Blog will continue to follow any more potential hiccups.

Benjamin Herbst is a criminal attorney in Maryland that specializes in drug charges, theft, assault and jailable traffic citations for adults and juveniles.  Contact Benjamin anytime to discuss your case free of charge.

Resources

Maryland’s highest court stops medical marijuana hearing, baltimoresun.com.