COLUMBUS, Ohio – The Ohio Board of Pharmacy is appealing a Cuyahoga County judge’s order from late last week that it must allow a medical marijuana dispensary in Cleveland to open its doors.
The Board of Pharmacy is asking the Eight District Court of Appeals to reverse Cuyahoga County Common Pleas Judge Nancy Fuerst’s ruling that The Botanist dispensary, owned by Greenleaf Apothecaries, must be given a certificate of operation – which would allow it to begin business – as another legal matter is decided in a Franklin County.
Furthermore, the board is asking the appellate court to put Fuerst’s order on hold while the higher court decides the case.
Greenleaf had hoped the Cleveland store would open this week. The company didn’t immediately have a response to the appeal.
At issue in the Franklin County case is whether what Greenleaf calls a management agreement with Acreage Holdings, a large medical marijuana company publicly traded on the Canadian Securities Exchange, constitutes a change in ownership as described by the state.
Greenleaf has dispensaries open in Canton and Wickliffe. It also has provisional licenses for dispensaries in Cleveland, at 3865 Lakeside Ave., and in Akron and Columbus, which the company should be given a certificate of operation.
If the state prevails in the Franklin County, it would yank the licenses from Greenleaf.
In the ownership dispute,