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Judicial Trends Source and Scope of Public Health Legal Powers

Mo Cann Do Inc. v. Missouri Dept. of Health and Human Services


Mo Cann Do Inc. v. Missouri Dept. of Health and Senior Services (Mo. Ct. App., Feb. 28, 2023): After the Missouri Department of Health and Senior Services (DHSS) denied Mo Cann Do Inc.’s (MCD) application for a medical marijuana cultivation facility license, MCD appealed. DHSS had denied the license because MCD failed to include a certificate of good standing from the Missouri Secretary of State with its application, a requirement for licensure in Missouri. MCD argued that the denial was unauthorized by law because DHSS’ deficiency letter to MCD only generally noted that the application was incomplete, and failed to specifically notify MCD that the initial application did not include the requisite certificate. The Missouri Court of Appeals held that the license denial was unauthorized because DHSS violated its own regulations in failing to notify the facility that its application was missing the certificate. Read the full decision here.

View all cases in Judicial Trends and Public Health – May 16, 2023

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