Appeal Process

Depending on the outcome of the administrative hearing board will typically determine whether or not an application should seek recourse within the state’s appeal process. Each state that has a marijuana and cannabis based license or registration process by an administrative agency will typically also have an appeal process that may be either heard by the administrative board, a separate appeal review administrative body, and a local, county, or a state court. For instance, the State of Washington has a very detailed, specific, and identifiable appeals process in regards to such licensing. There are a number of specific situations where an applicant should consider seeking an appeal for a denial of a marijuana and cannabis based license or registration, including for instance:

• The administrative board failed to consider all of the relevant information pertaining to the applicant’s application
• The applicant was unduly or unjustly denied an opportunity to submit certain relevant information, facts, or even particular witnesses
• The administrative board imposed an inappropriate burden on the applicant that was inconsistent with the process rules, regulations, or law
• The administrative board failed to consider reasonable evidence, information or other facts, and therefore, abused its agency based discretion in considering or denying the applicant’s application

Understanding the appeal process tends to be very complicated with a number of substantive legal issues, it is important that the applicant consult with appropriate professionals including Attorneys with the review process. Such appeal processes can be very technical, complex, and difficult. For instance, once an administrative agency denies an applicant’s application, there is generally a limited amount of time in which to actually file an appeal, otherwise the applicant will lose their opportunity to do so. Also, in filing an appeal, the applicant will need to file the proper paper-work, and where the applicant fails to do so, may have to re-file, or again, may have the appeal denied based on a procedural defect. As such, there are many rules, regulations, and other issues that may adversely affect the ability to assert an appeal, and should be very cognizant so as to appropriately preserve one’s appeal.

Additionally, the rejection of such application can have long-term implications for the applicant, where in some states, such as Washington, an applicant must wait a certain period of time before reapplying. For instance, “the impact of a denial can be significant [where] revised Code of Washington 34.05 says an applicant cannot reapply for the license sooner than one year from the date of the final order of denial [and] additionally, the personal history disclosure information requested by the Liquor Control Board requires that you list “business licenses that you have ever held, currently applied for, or have been denied/revoked/suspended in any state.”

The Nassiri Law Group, Cannabis Law Group, in Orange County, Los Angeles, and Riverside California, are available to assist with the licensing, registration, and approval process to assist in your marijuana and cannabis based business. Call us today at 949-375-4734.