Riker Danzig Files Emergent Motion for Relief on Behalf of Bloom Medicinals of PA
Riker Danzig filed an emergent motion on behalf of client Bloom Medicinals of PA, LLC (“Bloom”) before the Appellate Division of the Superior Court of the State of New Jersey on March 9, 2021.
Bloom had appealed the Department’s final agency action awarding six (6) licenses to operate Alternative Treatment Centers to grow, process and dispense marijuana as part of the State’s Medicinal Marijuana Program pursuant to its July 2018 Request for Applications, and simultaneous denial of the applications filed by Bloom. Bloom argued that the Department of Health’s evaluation was fundamentally flawed and resulted in inconsistent and arbitrary scoring results. The appeal was consolidated for purposes of argument and opinion with seven other appeals filed from the Department’s final agency action.
In November 2020, Riker Danzig’s Cannabis Law Group secured a significant victory before the Appellate Division on behalf of Bloom. In a 75-page-decision, the Appellate Division agreed with Bloom and the other appellants and found that the Department’s review and scoring of the applications submitted in response to the Department’s 2018 Request was arbitrary and capricious, and remanded the matter to the Department to address the issues raised by its scoring and evaluation process.
Bloom now seeks a stay of the remand proceedings before the Department and asks the Court to direct the Department to work with Bloom and the other appellants to establish a remand process consistent with the Court’s opinion. Despite repeated attempts by Bloom and the other appellants to engage in a substantive dialogue with the Department about the remand process, Bloom further argues that the Department has refused to answer specific questions regarding the process and failed to address the key deficiencies raised by Bloom and the other appellants.
Litigation and Cannabis Law partner Stuart M. Lederman is leading the appeal for Bloom, with additional support from Counsel Diane N. Hickey.
InsiderNJ covered the story here.