Mo Cann Do, Inc. Missouri Cases

MO CANN Do, Inc. appealed an administrative decision denying its application for a medical marijuana cultivation license because it failed to submit a certificate of good standing. The Administrative Hearing Commission and the circuit court affirmed the denial. On transfer, the Missouri Supreme Court affirmed the circuit court's judgment, holding that the application failed to meet minimum regulatory standards. The Court rejected arguments that the Department of Health and Senior Services waived the requirement or was equitably estopped from denying the application, emphasizing the high regulation of the marijuana industry.

MCD applied for a medical marijuana cultivation license, but the Missouri Department of Health and Senior Services (DHSS) denied the application, citing a missing certificate of good standing and low ranking. MCD appealed the denial, arguing that the DHSS failed to specify the missing document in its deficiency letter as required by its own regulation. The appellate court reversed the circuit court's affirmation of the Administrative Hearing Commission's decision, holding that the DHSS violated its regulation by not explicitly identifying the missing information. The case was remanded with directions to order the DHSS to grant MCD the cultivation facility license.