KEYSTONE RELEAF v. PA DEPT. OF HEALTH

No. 399 M.D. 2017.

186 A.3d 505 (2018)

KEYSTONE RELEAF LLC, Petitioner v. PENNSYLVANIA DEPARTMENT OF HEALTH, Office of Medical Marijuana; Prime Wellness of Pennsylvania, LLC; Franklin Labs, LLC; Pennsylvania Medical Solutions, LLC; Standard Farms, LLC; Ilera Healthcare, LLC; AES AES Compassionate Care, LLC; Terrapin Investment Fund 1, LLC; GTI Pennsylvania, LLC; Agrimed Industries of PA, LLC; Purepenn, LLC; Holistic Farms, LLC; Cresco Yeltrah, LLC; Holistic Pharma, LLC; Pharmacann Penn, LLC; SMPB Retail, LLC; Terra Vida Holistic Centers, LLC; Chamounix Ventures, LLC; Bay, LLC; Restore Integrative Wellness Center, LLC; Franklin Bioscience-Penn, LLC; Mission Pennsylvania II, LLC; Columbia Care Pennsylvania, LLC; Justice Grown Pennsylvania, LLC; Guadco, LLC; Lebanon Wellness Center, LLC; Organic Remedies, Inc.; KW Ventures Holdings, LLC d/b/a Firefly Dispensaries; Cansortium Pennsylvania, LLC; PA Natural Medicine, LLC; Keystone Center of Integrative Wellness, LLC; Keystone Integrated Care, LLC; The Healing Center, LLC; Maitri Medicinials, LLC; Keystone Relief Centers, LLC d/b/a Solevo Wellness; Dubois Wellness Center, LLC, Respondents.

Commonwealth Court of Pennsylvania.

Decided April 20, 2018.


Attorney(s) appearing for the Case

Robert M. Donchez and Seth R. Tipton , Bethlehem, for petitioner.

Judith D. Cassel , Harrisburg, for intervenor Patient-First Association of Companies.

Jared W. Handelman , Harrisburg, for respondent Pennsylvania Department of Health, Office of Medical Marijuana.

Clifford B. Levine , Pittsburgh, for respondents Pennsylvania Cannabis Coalition, Pennsylvania Medical Solutions, Standard Farms, LLC, Ilera Healthcare, LLC, AES Compassionate Care, LLC, Terrapin Investment Fund 1, LLC, GTI Pennsylvania, LLC, Agrimed Industries of PA, LLC, Holistic Farms, LLC, Holistic Pharma, LLC, SMPB Retail, LLC, Terra Vida Holistic Centers, LLC, Bay, LLC, Franklin Bioscience-Penn, LLC, Mission Pennsylvania II, LLC, Columbia Care Pennsylvania, LLC, Justice Grown Pennsylvania, LLC, Guadco, LLC, Lebanon Wellness Center, LLC, Organic Remedies, Inc., KW Ventures Holdings, LLC, Firefly Dispensaries, Keystone Relief Centers, LLC, Solevo Wellness, Dubois Wellness Center, LLC, and Keystone Center of Integrative Wellness, LLC.

Dennis A. Whitaker , Harrisburg, for respondents Patient-First Association of Companies, Chamounix Ventures, LLC, Hanging Gardens, LLC, Teava Investments I, LLC, Natural Care, LLC, Keystone State Laboratory, LLC, Verdant Health, LLC, Extra Step Assurance, and Cannabis Expertise.

BEFORE: HONORABLE MARY HANNAH LEAVITT, President Judge, HONORABLE P. KEVIN BROBSON, Judge, HONORABLE PATRICIA A. McCULLOUGH, Judge, HONORABLE ANNE E. COVEY, Judge, HONORABLE MICHAEL H. WOJCIK, Judge, HONORABLE CHRISTINE FIZZANO CANNON, Judge, HONORABLE ELLEN CEISLER, Judge


Before this Court are Respondents'1 preliminary objections (POs) and the Department's Application for Summary Relief2 to Petitioner Keystone ReLeaf LLC's Amended Petition for Review in the Nature of a Complaint in Equity...

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