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Proctor v. Krzanowski (U.S. Court of Appeals, Sixth Circuit, August 13, 2020): The Sixth Circuit rejected a Michigan doctor’s claim that his Fourteenth Amendment due process rights were violated when Michigan’s Department of Licensing and Regulatory Affairs (LARA) temporarily rejected all medical marijuana patient applications signed and certified by the doctor. The court explained there is no clearly established constitutionally protected liberty or property interest in practicing medicine or in having a medical license. Dr. Proctor may have objected when applications with his certification were rejected, but it did not deprive him of his right to practice medicine. Although doctors have a property interest in their medical licenses, the right to participate in a process that assists others in obtaining medical marijuana, a substance banned by federal law, has not been established by any court. Read the full opinion here.

View all cases in the Judicial Trends in Public Health – September 14, 2020.

View all cases under “Constitutional Rights & the Public’s Health.”