Medical marijuana.

A lawsuit filed by a cannabis group that was unable to obtain marijuana dispensary permits—which later asked for a total halt and rewrite of Pennsylvania's medical marijuana program—was nothing more than a pipe dream, the Commonwealth Court has ruled.

A three-judge panel rejected Keystone ReLeaf's request for an injunction against the Pennsylvania Department of Health and other state agencies. ReLeaf asked that the requirements for awarding dispensary permits be upended, a request that, if granted, would have barred current patients' access to medical marijuana.

ReLeaf specifically took issue with the scoring process involved in granting permits—it filed two dispensary permit applications, both of which were denied after failing to score higher than other applicants in the region. ReLeaf argued the Pennsylvania Medical Marijuana Act is unconstitutional. It also claimed the permit process is arbitrary and that the state keeps its grading methods secret.

In the court's opinion, Judge Michael Wojcik said ReLeaf's challenge was insufficient and also that its appeals of the permit denials were still ongoing.

“In sum, petitioner has not made a clear showing that an exception to the doctrine of administrative remedies applies,” Wojcik said. “Petitioner has not presented a facial constitutional challenge to the act or temporary regulations nor shown how the administrative remedy before the department is inadequate. Our review of the department's administrative review process satisfies us that it offers unsuccessful applicants an adequate remedy to challenge their permit denials and the permitting process. Because petitioner's administrative appeal is ongoing, a judgment here would be inappropriate”

ReLeaf's attorney, Seth Tipton of Florio Perrucci Steinhardt & Fader in Bethlehem, did not return a call for comment.

Jarad Handelman of Elliott Greenleaf represented the Health Department in the case and did not return a call seeking comment.

Joshua Horn, an attorney who focuses on cannabis law at Fox Rothschild, said that lawyers and companies in the cannabis industry were concerned because ReLeaf's request was “very dangerous for the entire program; they wanted it to be unwound and the licensing process to started over again,” which would have left those relying on marijuana prescriptions out of luck, at least temporarily.

“Is there a lot of money at issue? Yes, but what about all those Pennsylvanians with 17 defined medical conditions who are desperate for relief and who have been put in jeopardy?” Horn said. “So the real winner is not the businesses but the citizens of the commonwealth of Pennsylvania.”