Frantz Ward’s client, Greenleaf Gardens, LLC was granted summary judgment in an Order from the Common Pleas Court in Franklin County, finding that the method used to issue Level I medical marijuana cultivator licenses is unconstitutional on its face.
The Department of Commerce initially issued twelve Level I cultivator licenses. Greenleaf Gardens was the twelfth highest-scoring applicant, but did not receive a license because the Department was required, by statute, to issue not less than fifteen percent of licenses to entities owned and controlled by members of economically disadvantaged groups. The Court found this set-aside to be unconstitutional.
After receiving a copy of the Order, Greenleaf’s CEO, David Neundorfer, has provided this statement:
“We are obviously pleased with the Court’s ruling in this case, and we value the relationships that our team has built with the Ohio Department of Commerce and Board of Pharmacy. While we look forward to ultimately receiving a license to cultivate medical marijuana, we are actively engaged in bringing our five dispensary licenses and processing license to operational status.
We remain committed to working with the Department and the Board to ensure that Ohio’s patients have access to the safest and most effective medical marijuana as soon as possible.”
For questions, please call Frantz Ward attorney Tom Haren at (216) 515-1664.
To view a copy of the ruling please click here.