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SAGUARO HEALING LLC v. STATE

No. CV-19-0129-PR.

470 P.3d 636 (2020)

SAGUARO HEALING LLC, Plaintiff/Appellant, v. STATE of Arizona, et al. Defendants/Appellees.

Supreme Court of Arizona.

Filed August 20, 2020.

Attorney(s) appearing for the Case

Mark Brnovich , Arizona Attorney General, O.H. Skinner , Solicitor General, Louis Caputo (argued), Aubrey Joy Corcoran , Assistant Attorneys General, Phoenix, Attorneys for the State of Arizona, et al.

Ryan J. Lorenz (argued), Sean M. Carroll , Andrew B. Turk , Christopher T. Curran , Clark Hill PLC, Scottsdale, Attorneys for Saguaro Healing, LLC.

JUSTICE BEENE authored the Opinion of the Court, in which VICE CHIEF JUSTICE TIMMER and JUSTICES BOLICK, GOULD, LOPEZ, and PELANDER (RETIRED) joined. JUSTICE MONTGOMERY concurred in part and dissented in part.

¶1 We address whether the Arizona Department of Health Services' ("ADHS") interpretation of Arizona Administrative Code R9-17-303, which governs ADHS's allocation of marijuana dispensary registration certificates, violates A.R.S. § 36-2804(C). We conclude § 36-2804(C) requires ADHS to issue at...

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