Middlesex Integrative Medicine, Inc. v. Massachusetts Department of Public Health

Full title: Middlesex Integrative Medicine, Inc. v. Massachusetts Department of Public Health No. 135846

Court: Superior Court of Massachusetts

Date published: Dec 19, 2016

Facts

In November 2012, Massachusetts voters approved a ballot initiative allowing for the medical use of marijuana for qualifying patients. After that, the Legislature enacted Chapter 369 of the Acts of 2012, known as ” An Act for the Humanitarian Medical Use of Marijuana” (Act). St. 2012, c. 369. The Act authorized the Department to register at least one, and up to five, RMDs in each Massachusetts county, up to a total of 35 statewide, during the first year after the law’s effective date (January 1, 2013). G.L.c. 94C, App. § 1-9.

Under the Act, the Department promulgated regulations (105 Code Mass.Regs. § 725.001 et seq.) which established, among other things, a two-phase application process. In Phase 1, the applicant paid a non-refundable fee and submitted basic information that the department reviewed. See 105 Code Mass.Regs. § 725.100(B)(1). If the applicant submitted all of the required information in a timely fashion, the applicant was notified that it could proceed to Phase 2. See id. at § 725.100(B)(2). In this phase, the applicant paid a non-refundable $30,000 fee and submitted an application containing much more detailed information about its proposed dispensary, after which the Department evaluated and scored the application. See id. at § 725.100(B)(3)-(5).

Issue

Decision

For the reason stated above, Middlesex Integrative Medicine, Inc.’s motion for judgment on the pleadings is DENIED and the Massachusetts Department of Public Health’s motion for judgment is ALLOWED.

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