Opinion
ED110329
02-28-2023
MO CANN DO, INC., Appellant, v. MISSOURI DEPARTMENT OF HEALTH AND SENIOR SERVICES, Respondent.
Attorney for Appellant: Eric Walter, Paul L. Brusati, and Jeffery T. McPherson Attorney for Respondent: Jason K. Lewis
Appeal from the Circuit Court of St. Louis County 20SL-CC05846, Honorable Thomas C. Albus, J.
Attorney for Appellant: Eric Walter, Paul L. Brusati, and Jeffery T. McPherson
Attorney for Respondent: Jason K. Lewis
Kelly C. Broniec, P.J., Philip M. Hess, J., and James M. Dowd, J.
OPINION
James M. Dowd, J.
Appellant MO CANN Do, Inc. (MCD) appeals respondent Missouri Department of Health and Senior Services' (DHSS) denial of MCD's application for a medical marijuana cultivation facility license because, inter alia, MCD failed to meet the minimum application requirements of 19 C.S.R. 30-95.040(2) by not including in its application a certificate of good standing from the Missouri Secretary of State.
MCD's dispositive third point claims that the denial was unauthorized by law because DHSS failed to notify MCD in the deficiency letter issued pursuant to 19 C.S.R. 30-95.040(1)(B).4 that MCD's initial application was missing a certificate of good standing.
REVERSED.
DIVISION IV HOLDS: The DHSS violated 19 C.S.R. 30-95.040(1)(B).4, its own regulation, when it failed to specify in the deficiency letter that MCD's initial application was incomplete in part because it was missing a certificate of good standing. We direct the circuit court to enter judgment reversing the Administrative Hearing Commission's decision and to remand the case for a new decision consistent with this opinion in which the DHSS is ordered to grant to MCD a cultivation facility license under 19 C.S.R. 30-95.025(6)(C).
Philip M Hess, J, concurs and Judge Kelly C. Broniec dissents in separate opinion.