Citing lack of jurisdiction, superior courts dismiss challenges to rulings in Cannabis Commission cases  

Judge Stephanie Howells was appointed to adjudicate 21 challenges to the Medical Cannabis Commission’s awarding of licenses to six vendors to grow, manufacture, and sell low THC oil in the State of Georgia.  These proceedings were conducted under the Commission’s own procedures, rather than the Administrative Procedure Act (“APA”).

In decisions issued September 16, 2022, Judge Howells rejected all 21 challenges.  Several of the challengers subsequently filed pleadings in superior court, seeking various types of relief.  As of November 2, 2022, superior courts have dismissed six of those challenges for lack of jurisdiction, stating that the APA does not apply to these cases.

The superior court orders are available below.

UPDATE as of November 2022:  The Georgia Court of Appeals has granted applications for review in all 6 matters.  

ACC, LLC v. Georgia Access to Medical Cannabis Commission, No. 22-CI-0488 (Sup. Ct. of Murray Cnty., Oct. 21, 2022)

ACC, LLC v. Georgia Access to Medical Cannabis Commission, et al., No. 22-CI-0487 (Sup. Ct. of Murray Cnty., Oct. 21, 2022)

Aspire Medical Partners, LLC v. Georgia Access to Medical Cannabis Commission, et al., No. 22CV0095 (Sup. Ct. of Warren Cnty., Oct. 20, 2022)

Symphony Medical, LLC v. Fed GA Holdings, LLC, et al., No. SUV2022000109 (Sup. Ct. of McIntosh Cnty., Oct. 20, 2022)

GA Bioscience Research, Inc., et al. v. Botanical Sciences, LLC, et al., No. 2022CV0364 (Sup. Ct. of Tift Cnty., Oct. 18, 2022)

Pure Peach Organic, Inc. v. Fed GA Holdings, LLC, et al., No. SUCV2022000948 (Sup. Ct. of Dougherty Cnty., Sept. 29, 2022)