By: Kevin McKeon

With 280 dispensary permit applications to evaluate and score in 100 days, it is perhaps understandable that DOH might look for ways to reduce the load, and it appears DOH did just that.  29 applications – just over 10% of those submitted — were not scored.  So of the 280 applications submitted, only 251 were scored.  DOH refused to score at least one application for failure of the applicant to check either “yes” or “no” in response to a question – an obvious oversight that could have been remedied with a phone call to the applicant after an initial review at the beginning of DOH’s review process.  Instead, DOH treated the application as incomplete, refused to score it, and waited until permit awards were announced to inform the applicant.

What to do if your dispensary application was not scored?  Consult a knowledgeable lawyer to explore your options.  DOH’s procedure with grower/processor permit applications may provide some insight into the process DOH will follow.  Applicants whose grower/processor applications were not scored received letters of “rejection” rather than the “denial” letters that were sent to applicants whose applications were scored but not granted, but “rejected” grower/processor applicants were advised that they had the same ten day period to appeal as those whose applications were scored and denied.  DOH likely will follow the same appeal process approach with dispensary permit applications that were not scored.  More will be known when applicants whose applications were not scored receive the letters DOH mailed to unsuccessful applicants on June 29, but one thing is certain, especially given the July 4th holiday — disappointed applicants will need to act quickly to get an appeal on file.

Should you wish to consult with an appellate attorney in order to preserve your right to appeal, please contact Kevin McKeon at